Becoming pregnant again soon after having a baby does not give an Indiana employer the right to fire you. Federal and state laws prohibit covered employers from terminating a worker because she is pregnant, recently gave birth or may need pregnancy-related support.
However, job protection for time away depends on whether you qualify under the Family and Medical Leave Act.
How does FMLA apply to consecutive pregnancies?
Eligible employees may receive up to 12 workweeks of unpaid, job-protected FMLA leave during the employer’s designated 12-month leave period. That time may cover:
- Prenatal appointments
- Pregnancy complications
- Recovery after childbirth
- Bonding with a newborn
FMLA does not automatically provide a separate 12-week leave for each pregnancy. If you become pregnant again before the leave year resets, time used for your first pregnancy and childbirth may reduce the leave available for the second pregnancy.
To qualify, you generally must have worked for the employer for at least 12 months and completed 1,250 hours during the preceding 12 months.
You must also work for an employer with at least 50 employees within 75 miles. Because unpaid leave does not count as hours worked, an extended first leave could affect later eligibility.
When could an employer lawfully end employment?
An employer cannot use repeated pregnancies or protected FMLA absences as the reason for termination. It may still act for an unrelated, legitimate reason, such as documented misconduct, a reduction in force or poor performance handled consistently with other employees.
Risk increases when an employee exhausts FMLA leave and cannot return. Even then, the employer should consider whether another law requires an accommodation. Under the Pregnant Workers Fairness Act, a covered employer may need to provide temporary changes, including additional leave, unless doing so would create an undue hardship.
If termination follows a pregnancy announcement or leave request, the timing and employer’s explanation deserve careful review. A qualified legal professional can assess whether the decision issue violated FMLA or pregnancy-discrimination protections.