Can Employers Legally Fire Someone Who's Pregnant or on Maternity Leave? Let's Discuss!

Can an employer terminate an employee when she is expecting a baby or when she is on maternity leave?

As an HR professional, it is important to note that terminating an employee solely based on pregnancy or maternity leave is considered discrimination and is illegal in many jurisdictions. Pregnant employees and those on maternity leave are protected under various employment laws to prevent such discriminatory actions.

Employers should ensure they are familiar with the laws and regulations regarding pregnancy discrimination and maternity leave to avoid any legal issues and to maintain a fair and respectful workplace environment. It is crucial to support and accommodate pregnant employees during this important time in their lives.

An employer cannot terminate an employee when she is expecting a baby or when she is on maternity leave. Moreover, this is against the principle of natural justice.

Context of the Question

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Termination of a Pregnant Employee

To terminate an employee, whether pregnant or not, there must be compelling reasons. Pregnancy is not a shield that protects the woman employee from any type of misconduct. If the woman employee has committed misconduct, these need to be investigated, and if found blameworthy, then your company may proceed with punitive action. However, ensure that the punishment is commensurate with the misconduct.

While taking action, follow the principles of natural justice strictly. Since the woman employee is pregnant, she is entitled to maternity benefits. These are independent of the punishment, and she should not be deprived of the benefits.

Thanks,

Dinesh Divekar

Even if the employee commits any misconduct that can amount to strict disciplinary action by the management, such actions need to be deferred during the maternity leave period. When she rejoins duty after availing the maternity leave period, the management can initiate disciplinary proceedings by conducting an inquiry into the charges leveled against her. If proven, punishment can be imposed, including termination of services, depending on the gravity of the misconduct.

Termination of Employment During Pregnancy

Q1. Can an employer terminate an employee when she is expecting a baby?

A. Any termination is generally viewed unfavorably in the eyes of the law. No employer can terminate an employee at will. However, termination can occur as per the terms of the appointment or with proper notice. An employer cannot terminate an employee who has already given notice of pregnancy as per the Maternity Benefit Act or otherwise.

Termination During Maternity Leave

Q2. Can someone be terminated when she is on maternity leave?

A. An employer cannot terminate an employee while she is on leave under maternity.

Hi Prabhat,

What if it is a fixed-term contract employee, and the contract is ending well before the EDD, or specifically earlier than 6 weeks before the EDD? Even in this case, if the employee informs/gives notice that she is pregnant, can the employer not end the contract on the contract closure date?

Vijaya