Returning to work after maternity leave can be an emotionally and logistically challenging experience for any new parent. Unfortunately, some employees find that their role has changed—or worse, that they’ve been demoted—upon returning. This raises a serious legal question: Can a California employer lawfully demote an employee after they have taken maternity leave?
At Leichter Law Firm, APC, Los Angeles, employment law attorney Aryeh Leichter represents employees who face unfair treatment in the workplace, including retaliation and discrimination related to pregnancy or parental leave.
Understanding your rights is the first step to protecting yourself from unlawful workplace actions.
California Law Protects Employees Who Take Maternity Leave
In California, multiple laws protect employees who take maternity or parental leave. The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) both allow eligible employees to take up to 12 weeks of unpaid, job-protected leave to care for a new child. Additionally, the California Pregnancy Disability Leave (PDL) law permits up to four months of leave for pregnancy-related medical conditions.
Importantly, these laws require that employees be returned to the same or a comparable position upon their return from leave. A demotion—such as a pay cut, reduction in responsibilities, or title change—may violate these legal protections unless the employer can prove that the change was unrelated to the leave and based on legitimate, documented business reasons.
What Counts as a Demotion After Maternity Leave?
A demotion is not always as apparent as a change in job title; however, it can still have significant consequences. In many cases, employees return to find their duties diminished, clients reassigned, or authority reduced—often without explanation. These subtle changes can have long-term effects on career growth, compensation, and reputation.
Some common red flags include:
- Being reassigned to a less visible or less desirable role.
- Having previous responsibilities handed to other team members.
- Receiving lower pay or fewer benefits.
- Being excluded from meetings, decisions, or promotions.
If these changes occur after maternity leave, and there is no clear performance-based justification, the employer may be engaging in retaliation or pregnancy discrimination, both of which are illegal under state and federal law.
What to Do If You Were Demoted After Maternity Leave in California
Employees who believe they were demoted after taking protected leave should take action promptly. It’s essential to document any changes in duties, pay, or treatment and to retain copies of performance reviews, emails, and all other communications related to the leave or return.
Consulting with a knowledgeable Los Angeles County employment law attorney is also critical. An attorney can evaluate the facts, determine whether your rights were violated, and help you pursue legal remedies, which may include reinstatement, back pay, emotional distress damages, or other compensation.
Contact Leichter Law Firm for Employee Advocacy in Los Angeles
Leichter Law Firm, APC, is committed to defending the rights of employees throughout California. If you believe your employer demoted you after maternity leave or retaliated against you for taking protected time off, you don’t have to face it alone.
Contact Aryeh Leichter today to schedule a confidential consultation and learn how to protect your rights in the workplace.