Can You Be Dismissed for Being Pregnant?
You are pregnant or on maternity leave and worried about your job.
Pregnancy should never be the reason for a dismissal, and Malaysian law says so directly.
What does the law say?
Reforms in force since 1 January 2023 set maternity leave at 98 days and paternity leave at 7 days. They also prohibit terminating an employee because she is pregnant.1
That last rule is a direct protection. You do not have to argue it into existence as a general fairness principle.
Why does the timing of your dismissal matter?
A dismissal close to a pregnancy announcement, a maternity leave request or the leave period itself deserves a close look against this rule.
The reason on paper is not always the full picture, and timing is one of the clearest facts to gather early.
Does an unrelated reason change anything?
Employers rarely cite pregnancy as the reason. A vague or shifting explanation around the same period is worth questioning.
If the pattern points to pregnancy as the real trigger, say so clearly when you describe what happened.
Can you use this alongside an unfair dismissal claim?
Yes. The two 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 weight to your account.
What should you do this week?
Write down the exact dates while the sequence is fresh: when you told your employer, when leave began and when the dismissal happened.
Keep any medical certificate, leave application and messages about your pregnancy. They fix the dates and show what your employer knew.
Then check your 60-day filing window on the deadline calculator. That deadline runs the same way whatever the reason behind your dismissal.
If you were let go during pregnancy or maternity leave, an independent employment lawyer can review the timing. They can act on a claim if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
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
If you were let go during pregnancy or maternity leave, an independent employment lawyer can review the timing. They can act on a claim if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.