What The Law Says About Pregnancy At Work
You are pregnant or on maternity leave and worried about what your employer can actually do.
Pregnancy should never be the reason behind a dismissal, and Malaysian law is direct about that particular point.
What does the law actually say here?
Reforms in force since 1 January 2023 set maternity leave at 98 days, paternity leave at 7 days, and prohibit terminating an employee because she is pregnant.1
That last rule is a plain, direct protection, not a general fairness guideline you have to interpret or argue into existence.
Why does the timing of your dismissal matter?
A dismissal that lands close to a pregnancy announcement, a maternity leave request, or the leave period itself is worth examining carefully against this rule.
The stated reason on paper is not always the full picture, and timing is often one of the clearest facts to gather early.
Does an unrelated reason change anything?
Employers rarely cite pregnancy directly as a reason. A vague or shifting explanation around the same period is still worth questioning rather than accepting immediately.
If the pattern points toward pregnancy as the real trigger, that connection is worth raising clearly when you describe what happened.
Can you use this alongside an unfair dismissal claim?
Yes. This specific protection and the general unfair dismissal route are not competing options, and pursuing one does not close off the other.
A dismissal connected to pregnancy can be challenged as unfair in its own right, with the maternity protection adding further weight to your account.
What should you do this week?
Write down the exact dates: when you told your employer, when leave began, and when the dismissal happened, while the sequence is still fresh.
Then check your 60-day filing window on the deadline calculator, since that deadline runs the same way regardless of the reason behind your dismissal.
Tell us when your dismissal happened relative to your pregnancy or leave, and we can explain how this protection applies to your situation.
Common questions
Can my employer dismiss me simply because I am pregnant?
No. The law prohibits terminating an employee because she is pregnant, and this rule sits alongside the wider unfair dismissal protection available to most workers.
Does this rule apply during maternity leave itself?
Yes, the protection is built around pregnancy and the maternity period, so a dismissal closely timed to your pregnancy is a fact worth examining closely.
What if my employer gives a different, unrelated reason?
A stated reason is not always the real one. If the timing and circumstances point toward pregnancy, that pattern is worth raising and reviewing carefully.
Can I pursue both this protection and an unfair dismissal claim?
Yes. These are not exclusive routes. A dismissal connected to pregnancy can also be challenged through the standard unfair dismissal process at the same time.
Sources
- Employment Act amendments in force from 1 January 2023 set maternity leave at 98 days, paternity leave at 7 days, and prohibit terminating an employee because she is pregnant. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
Tell us when your dismissal happened relative to your pregnancy or leave, and we can explain how this protection applies to your situation.