If you’re pregnant and planning for maternity leave, you may have concerns about job security while you’re away. In Washington state, laws protect workers from discrimination based on pregnancy and maternity leave.
Does this mean your employer can’t give your job away? Below are some crucial points to consider.
Your job protections during maternity leave
Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid leave for the birth of a child. This law guarantees that you can return to your same position or an equivalent one after your leave. Washington state also offers additional protection through the Washington Family Leave Act (WFLA), which aligns with FMLA for job protection during maternity leave.
Can your employer replace you during maternity leave?
Your employer cannot replace you or fire you solely because you are on maternity leave. Both federal and state laws protect your job during this time. If you are eligible for FMLA or WFLA, your employer must hold your position for you or provide an equivalent position when you return. However, if your employer has a valid reason unrelated to your leave (like company layoffs or restructuring), your job might not be guaranteed.
If your employer violates these laws by firing you or not offering you the same job after your leave, you might have grounds to file a complaint. The first step is usually to communicate with your HR department to clarify your rights and situation. If you make no progress internally, it may be time to explore your legal options.