Your Rights If Dismissed While Pregnant
Pregnancy adds specific legal protection on top of the usual dismissal rules.
What Rights Do You Have If Dismissed While Pregnant?
Pregnancy brings a specific layer of protection on top of the general unfair dismissal rules that apply to any worker.
Employment Act amendments in force since 2023 specifically prohibit terminating an employee because she is pregnant, alongside separate provisions for maternity leave 1.
If pregnancy appears to be the real reason behind your dismissal, even where a different reason was given, that is worth raising immediately.
These protections apply regardless of your income level, since the 2023 changes extended core Employment Act coverage to all employees by wage.
How The Two Protections Work Together
The specific pregnancy protection and the general unfair dismissal framework are not separate systems working against each other.
If your dismissal happened while pregnant, both angles are worth raising: whether pregnancy was the real reason, and whether the wider process was fair.
The employer still carries the burden of proving just cause for the dismissal, whatever explanation was given at the time 2.
A dismissal that closely follows the employer learning about your pregnancy, with a vague or shifting explanation, is a pattern worth documenting clearly.
What To Do Next
Write down when your employer learned about your pregnancy, and how closely that timing lines up with the dismissal.
Save any messages, emails, or documents related to your pregnancy and the dismissal itself.
The same 60 day filing window applies here, so confirm your dates with a deadline calculator without delay.
An employment lawyer can assess your specific timeline and tell you how the pregnancy protection applies to your case.
This is an already difficult time, and dealing with a dismissal alongside pregnancy adds real pressure on top of an already significant life change.
Lean on family, friends, or a support network while you handle the practical steps, since you do not need to manage everything entirely alone.
Prioritise your health and wellbeing alongside the legal process, since the two are not in competition with each other.
Taking the practical steps at a pace that works for you, rather than rushing, is a reasonable way to move forward.
You do not need to navigate this moment perfectly.
Taking one step at a time, with support around you, is enough.
Support around you makes each step considerably lighter to carry.
Given the specific protection that applies here, it is worth having an employment lawyer look at your timeline and the reason given as soon as possible.
Common questions
Can my employer dismiss me just because I am pregnant?
No, Employment Act protections specifically prohibit terminating an employee because she is pregnant. If pregnancy appears to be the real reason, that is a serious point worth raising immediately.
What if my employer gives a different, unrelated reason?
A dismissal can still be challenged if the stated reason looks unconvincing given the timing, especially where it closely follows the employer learning about your pregnancy. Document the timeline carefully.
Do I still have the same 60 day deadline to act?
Yes, the same general unfair dismissal deadline applies here too, so acting promptly still matters even though a specific statutory protection also covers your situation.
Does this protection apply regardless of my income level?
The 2023 amendments extended core Employment Act protections to all employees regardless of wage, so this protection is not limited to lower income earners.
Sources
- Employment Act amendments in force since 1 January 2023 prohibit terminating an employee because she is pregnant, alongside 98 days of maternity leave. Malay Mail
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
Given the specific protection that applies here, it is worth having an employment lawyer look at your timeline and the reason given as soon as possible.