Dismissed while you are pregnant?
You shared your pregnancy, and soon after, your job ended.
You shared the news that you were expecting, and not long after, you were told your job was ending. The timing felt impossible to ignore.
Malaysian law prohibits dismissing an employee because she is pregnant. Recent amendments made that protection explicit.
Is it legal to dismiss someone because they are pregnant?
No. The 2022 amendments to the Employment Act, in force since January 2023, prohibit terminating an employee because she is pregnant.1
During pregnancy, an employer still needs a genuine, unrelated reason. The closer the dismissal is to your announcement, the more closely that reason will be examined.
What if my employer gave a different reason?
Write down the stated reason exactly as given, with the date you told your employer about the pregnancy and the date of dismissal.
A performance concern, restructuring or attendance issue that appears only after your announcement deserves close comparison with how you were treated before.
Who has to prove the real reason for dismissal?
Your employer must show just cause or excuse unconnected to your pregnancy. You do not have to prove discrimination outright.2
Medical records, earlier positive reviews and any message congratulating you on the pregnancy can all help establish the timeline.
How long do you have to act?
You have 60 days from the date of dismissal to file a Section 20 representation.3 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
Your claim can focus on pregnancy discrimination or on unfair dismissal more broadly, and the two can overlap in one case.
What should you do this week?
Gather your maternity related correspondence, medical certificates and any message with your employer about your pregnancy or upcoming leave.
If the dismissal came after you returned from maternity leave, read about no role waiting on your return from maternity leave. Then use the deadline calculator to confirm your deadline.
If you want a lawyer to act on your dismissal, send the date you told your employer and the dismissal date to an independent employment lawyer. They can review whether it is a case they can act on.
If you were dismissed soon after announcing your pregnancy, an independent employment lawyer can review the timeline and whether 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
Is any dismissal during pregnancy automatically illegal?
Not every dismissal during pregnancy is unlawful, but dismissing someone because she is pregnant is prohibited under the amended Employment Act. The reason and the timing matter most.
What if I was on probation when I got pregnant?
Probation does not remove this protection, though back wages are capped at twelve months for probationers. The core question, whether pregnancy was the real reason, is the same.
Does this protection cover Sabah and Sarawak as well?
The Employment Act amendments apply to Peninsular Malaysia and Labuan. Sabah and Sarawak have their own Labour Ordinances with related protections.
Can I still claim if I had already resigned before the dismissal news?
If you resigned because of pressure linked to your pregnancy, that may be closer to a constructive dismissal than an ordinary termination. The full sequence of events decides which applies.
Sources
- The 2022 amendments to the Employment Act, in force since January 2023, prohibit terminating an employee because she is pregnant. Malay Mail
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you were dismissed soon after announcing your pregnancy, an independent employment lawyer can review the timeline and whether 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.