Dismissed During Pregnancy Or Maternity Leave?
You were let go while pregnant or on maternity leave, and you are wondering if that was allowed.
Losing a job while pregnant, or while on maternity leave, sits on top of everything else you are already carrying. The law is clearer here than in many other dismissal situations.
Can an employer dismiss you because you are pregnant?
No. The Employment Act prohibits an employer from terminating the employment of a pregnant employee.1 This is a direct legal rule, not just a fairness argument you have to build from scratch.
If your dismissal happened while you were pregnant, that fact alone puts your case on firmer ground than many other dismissals. The date of your dismissal, matched against your pregnancy, is worth writing down early.
What if the reason given was something else?
Employers rarely write “you are pregnant” on a termination letter. More often the stated reason is performance, restructuring, or a role being removed.
Look at the timing against when you told your employer, or when it became visible. A reason that only appeared after that point, or that does not match your recent record, is worth setting out clearly.
Does this protection cover maternity leave too?
Yes. The protection carries through your pregnancy and into your maternity leave, which the Employment Act sets at 98 days.3 Being let go during or shortly after that leave is not something to treat as ordinary business.
If leave and dismissal overlapped closely, keep that timeline written down while it is still clear in your mind. That timing is often the clearest part of the whole story.
What can you do about this?
Alongside the Employment Act protection, you can also make an unfair dismissal claim under Section 20, within 60 days of your dismissal.2 The two protections work together, not against each other.
If you felt pushed to resign instead of being formally dismissed, that may still count as a constructive dismissal. This means being forced out so you feel you have no choice but to resign, and it is worth checking rather than assumed closed.
What to do this week
Keep your medical records, maternity leave paperwork, appraisals and any messages about your job, without needing to organise them perfectly.
When you are able to, work out your exact 60-day window, so that timeline is settled while you focus on what matters most right now.
This is a lot to carry alongside everything else right now, and the deadline still matters even while your health comes first. Tell us your dismissal date and where you were in your pregnancy or leave, and we can help you see where you stand.
Common questions
Can my employer legally end my job because I am pregnant?
No. The Employment Act prohibits an employer from terminating a pregnant employee's job. If that is what happened to you, it points to a clear legal problem with the dismissal, not just an unfair one.
What if my employer gave a different reason, like restructuring?
The stated reason does not always match the real one. Look closely at the timing, and keep any messages or documents around your announcement of the pregnancy. A pattern that lines up with your pregnancy is worth raising with a lawyer.
Does this protection continue during my maternity leave?
Yes, the protection carries through pregnancy and into maternity leave. Being dismissed during or shortly after your leave is a serious sign worth acting on quickly, not a normal business decision to accept quietly.
How long is maternity leave under the law?
Maternity leave under the Employment Act is 98 days. This is separate from the question of whether a dismissal around that period was lawful, which is its own claim.
What if I resigned because things became too difficult to continue?
Resigning does not always close the door. If you were pushed into it, that can sometimes still count as a dismissal, a situation covered on our constructive dismissal page.
Sources
- The Employment Act 1955, as amended in 2022, prohibits an employer from terminating the employment of a pregnant employee. Malay Mail, Employment Act 1955 Amendment 2022
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- Under the Employment Act 1955 as amended in 2022, maternity leave is 98 days. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
This is a lot to carry alongside everything else right now, and the deadline still matters even while your health comes first. Tell us your dismissal date and where you were in your pregnancy or leave, and we can help you see where you stand.