No role waiting after maternity leave?
You came back from maternity leave and your old job is gone.
You came back ready to work, and found your desk gone, your role reassigned, or a vague new position that felt nothing like what you left.
Returning from maternity leave to a role that no longer exists, or one stripped down, raises serious questions under Malaysian pregnancy maternity dismissal protections.
Am I entitled to return to my original role?
You can expect to return to the same or a reasonably equivalent role after maternity leave, not a lesser position presented as a fresh start.
A genuinely necessary restructuring that affected everyone during your absence is different from a change that targeted your role while you were away.
What if my old role was given to someone else?
Ask, in writing, why your position was filled or eliminated during your leave and what alternative role is being offered.
Compare the new role’s pay, seniority and duties with your original position in detail. A downgrade dressed as an alternative is still a downgrade.
Who has to justify a change like this?
Your employer must show a genuine, unrelated business reason for the change, not just that your maternity leave created an opportunity.1
That sits alongside the 2022 Employment Act amendments, which prohibit terminating an employee because she is pregnant.2
How long do you have to act if this becomes a dismissal?
You have 60 days from the date you treat yourself as dismissed, or from an actual 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.
Acting within that window protects your options, even while you try to resolve things directly with your employer. If you end up being forced out so you feel you have no choice but to resign, that is constructive dismissal.
What should you do this week?
Gather your maternity leave documents, your original job description, and any written communication about your role during and after your leave.
If the dismissal started earlier, during the pregnancy itself, read about being dismissed while pregnant. Then use the deadline calculator to check your window.
If you want a lawyer to act, send both job descriptions and your leave dates to an independent employment lawyer. They can review whether it is a case they can act on.
You returned from maternity leave to find your role gone or changed. An independent employment lawyer can compare your old job description with what you were offered, and handle the claim if there is one.
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
Do I get my exact same desk and team back?
Not necessarily the exact same details, but you can expect a role that is equivalent in pay, status and duties, not a diminished version of what you had.
What if my company says the role was restructured for everyone?
Ask for evidence of how the restructuring affected other employees, not just your role. A change that only affected you during maternity leave deserves closer scrutiny.
Can I raise this while still on leave or do I need to wait?
You can raise concerns in writing before your return date if you learn of changes early. That creates a record, whenever you decide to act.
Does this protection apply to fathers taking paternity leave too?
Paternity leave carries its own entitlements under the amended Employment Act, but the protections around pregnancy relate to the mother.
Sources
- 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
- The 2022 amendments to the Employment Act, in force since January 2023, prohibit terminating an employee because she is pregnant. Malay Mail
- 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
You returned from maternity leave to find your role gone or changed. An independent employment lawyer can compare your old job description with what you were offered, and handle the claim if there is one.
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.