Dismissed during pregnancy or maternity leave?
You lost your job around your pregnancy, and the timing feels wrong.
Losing a job while pregnant, or while on maternity leave, sits on top of everything else you are already carrying. The law is direct on this point.
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, write down the date and match it against your pregnancy.
What if the reason given was something else?
A termination letter will not say “you are pregnant”. The stated reason may be performance, restructuring or a removed role instead.
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 needs a close look.
If leave and dismissal overlapped closely, write that timeline down while it is clear in your mind.
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 If you felt pushed to resign instead of being formally dismissed, that may still count as a constructive dismissal.
Check it rather than assuming the door is 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.
If you want a lawyer to act for you, send your dismissal date and where you were in your pregnancy or leave to an independent lawyer. They can review whether it is a case they can take on.
If you were dismissed during pregnancy or maternity leave and want it challenged, send your dismissal date and where you were in your leave. An independent lawyer can review whether they can act for you.
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 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 should be looked at quickly.
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 the 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
If you were dismissed during pregnancy or maternity leave and want it challenged, send your dismissal date and where you were in your leave. An independent lawyer can review whether they can act for you.
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.