Pregnancy Discrimination & FMLA Rights

What Happens When Work and Family Collide

Pregnancy is supposed to be an exciting chapter, but for many workers, it becomes a source of stress at work. 

Employers sometimes act like your pregnancy is an inconvenience instead of respecting it as part of your protected rights. That’s where both pregnancy discrimination laws and the Family and Medical Leave Act (FMLA) come in. These protections are supposed to give you breathing room when you need it most.

Our pregnancy discrimination attorneys at Horn Wright, LLP, have seen countless employees across New York deal with bosses who try to dodge their responsibilities. We make sure you understand not only your pregnancy protections but also how FMLA can give you time off without fear of losing your job. 

We’ve also helped workers in New Hampshire, Maine, and Vermont, where leave laws differ in important ways. If you’re worried your employer won’t honor your rights, call us at (855) 465-4622. We’ll make sure you’re backed by both state and federal law.

What the FMLA Promises You

The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year. 

You can use that leave for the birth of a child, pregnancy-related medical issues, or bonding with your newborn. Employers can’t legally fire you or strip your benefits during this time.

In New York, workers sometimes qualify for additional protections under the state’s Paid Family Leave law, which offers paid leave in situations where the FMLA only guarantees unpaid time. Together, these laws help you maintain stability when your family is growing. 

The challenge is that employers don’t always follow through and some even punish employees for taking the leave they’re legally entitled to. 

That’s why it’s so important to know both your federal and state rights, because combining the two often gives you stronger protection than either law alone.

How Pregnancy Discrimination Shows Up at Work

Pregnancy discrimination often runs alongside FMLA violations. Employers may not openly say “you can’t take leave,” but they find subtle ways to push back. These tactics are frustrating, discouraging, and very much illegal.

• Negative treatment after disclosure. Once you tell your boss about your pregnancy, you might notice sudden changes in how you’re treated. Assignments may shrink, opportunities may disappear, and you may be excluded from projects that matter. These quiet shifts add up to discrimination.
• Denial of simple accommodations. Pregnancy sometimes means you need more breaks or a modified schedule. Employers who refuse reasonable requests are violating both federal law and New York’s Pregnant Workers Fairness Act. Small adjustments are usually easy, but many companies act like they’re impossible.
• Retaliation for taking leave. The FMLA specifically forbids retaliation, yet many employers punish workers after they return. That might mean demotions, pay cuts, or exclusion from promotions. Retaliation is just discrimination by another name.
• Pressure to resign. Some employees are pushed to “step down” instead of exercising their rights. Employers use this to avoid providing leave and to cover up discriminatory motives. It’s a forced exit dressed up as a “choice.”

Eligibility for FMLA Leave

Not every worker automatically qualifies for FMLA. To use it, you need to meet certain requirements. Knowing these rules helps you push back if your employer tries to mislead you about your eligibility.

To qualify, you must work for a covered employer (private companies with 50 or more employees, public agencies, or schools). You also need to have worked at least 1,250 hours in the last 12 months. 

Finally, you must have been with your employer for at least a year. If you meet these standards, your employer has no legal grounds to deny your leave. In New York, the state’s Paid Family Leave can apply even more broadly, giving workers another layer of protection. 

This dual system is especially important for people working in smaller businesses or part-time roles where federal FMLA might fall short.

The Excuses Employers Use to Deny Leave

Even when you qualify, some companies still try to deny or discourage FMLA leave. They hide behind excuses, hoping you’ll give up without challenging them. These defenses sound convincing, but most don’t hold up in court.

• Claiming you’re not eligible. Employers sometimes pretend you don’t meet the hour or tenure requirements, even when you do. This delay tactic is designed to scare you off and keep you working. They bank on you not knowing the exact eligibility rules.
• Saying the role can’t function without you. Some employers argue your position is “too essential” to leave vacant. The law doesn’t allow this as a reason to block leave. They may fill in temporarily, but they must hold your job.
• Using vague performance issues. Employers may suddenly point to performance concerns as a reason not to grant leave. In reality, performance has nothing to do with your legal entitlement under FMLA. This is often just a cover story for discrimination.
• Arguing business hardship. While small businesses sometimes claim leave is too disruptive, the FMLA doesn’t give them a free pass. Covered employers are bound by the law no matter how inconvenient they find it.

How Pregnancy Discrimination and FMLA Overlap in New York

In New York, the state’s Human Rights Law and Pregnant Workers Fairness Act protect you from discrimination tied to pregnancy. 

The FMLA and New York’s Paid Family Leave law overlap, giving you both unpaid and paid options. This dual system is stronger than in many other states, but it also creates confusion that employers sometimes exploit.

Your boss might argue that taking state leave disqualifies you from federal leave, but that’s not how it works. The leaves can run concurrently or separately, depending on how they’re applied. 

Employers who misrepresent the rules are often banking on employees not knowing better. Having employment law attorneys who can explain the overlap ensures you don’t lose valuable time or benefits. 

It also helps you maximize the protection available, since many workers qualify for both FMLA and Paid Family Leave at the same time, giving them a far stronger safety net.

Why Filing Quickly Is Critical

Pregnancy discrimination and FMLA retaliation claims both have strict timelines. In New York, you generally have up to three years to file a lawsuit under state law, but FMLA claims follow a two-year statute of limitations. If the violation was willful, you might get three years. The key is not to wait.

• Evidence fades fast. The longer you wait, the harder it is to track down documents and witnesses. Filing early means you preserve the strongest proof.
• Employers prepare defenses. If you delay, employers build a case to justify their actions. Quick filing keeps them from getting ahead of you.
• Statutes differ. Filing under federal law versus state law can change the deadlines. An attorney helps you figure out which path protects you best.
• Peace of mind. Knowing you’ve filed gives you relief. You’re no longer racing against the clock or second-guessing your next move.

Standing Up for Yourself with Dedicated Legal Support

Facing discrimination or a denied FMLA request is overwhelming, but you don’t have to do it alone. The laws are on your side, but they’re complicated, and employers know how to twist them. Having legal support ensures you don’t miss deadlines, lose benefits, or accept less than you deserve.

Our pregnancy discrimination lawyers at Horn Wright, LLP, have fought for employees across New York who were punished for being pregnant or for taking family leave. We know how to cut through employer excuses and hold them accountable under both state and federal law. 

If you believe your FMLA rights have been violated or your pregnancy led to unfair treatment, we’re here to help. Your rights matter, and as your fierce advocate, we’ll make sure they’re enforced.