Pregnancy discrimination law helps to protect women like you who are pregnant from getting terminated because of your pregnancy.
However, you are not totally immune to getting fired from your job during your pregnancy.
“Can you get fired while pregnant?”
Yes, your employer is allowed to fire you while you are pregnant.
And here are a few situations you must be aware of, you can still be legally layoff from your employment.
But if you believe you are laid off due to your pregnancy, learning how to deal with pregnancy discrimination might be something you’ll need.
Termination By Employer
Generally, pregnant employees cannot be terminated by the employer. But there are a few exceptions which can vary for different countries.
According to the Employment Rights Act 1996. There are five potentially fair reasons for dismissal:
- Dismissal due to employee’s conduct, such as fraud, theft, bullying, etc. Termination can be due to a single serious incident that warrants dismissal for the first offense, or a persistent minor offense.
- Dismissal due to employee’s capability or performance in the role. This can be the consistent absence of work without reasons or lack of performance.
- Dismissal due to redundancy. Liquidation of the company and the closure of the business.
- Dismissal due to statutory restriction. This is in the event that continuing the employment of the employee will lead to the breaking of the law, such as overdue work permit, losing of driver’s license, losing of rights to work in the country.
- Dismissal due to Some other Substantial Reasons (SOSR). These are such as; conflict of interest, personality clashes, serving jail term, or even breakdown of mutual trust.
In other words…
“If you are worried about getting fired for being sick while pregnant.”
In most countries, unless you are not covered by the Pregnancy Discrimination Act (PDA), you are protected.
As long as the reason for dismissal is due to you being pregnant.
Termination Due To End Of Employment Contract
With a fixed employment contract, employees can be terminated at the end of the contract terms. Here are a few scenarios.
The employment contract ends before maternity leave
When the contract ends before you are on is on maternity leave, there is no obligation for the employer to re-employ you before your maternity leave starts.
This may come as a shock to some, but there is no obligation for your employer to ensure your employment before you start your maternity leave.
But…
If the reason for the non-renewal of the fixed-term contract is related to the employee’s pregnancy, or avoidance to give maternity benefits.
The dismissal will automatically become unfair and considered wrongful.
The employment contract ends during maternity leave
When the employee’s fix-term contract ends when you are on maternity leave, there is no obligation for the employer to re-employ you at the end of your maternity leave.
Renewal of the employment contract may or may not be offered to the employee during her maternity leave.
But if the reason for the non-renewal is related to the employee’s pregnancy.
The dismissal will automatically become unfair and considered wrongful.
Ps. In most cases, maternity benefits and pay will end on the same day as the end of the employment contract.
The employment contract ends after maternity leave
When the employee’s fix-term contract ends after your maternity leave. The employee may or may not offer you a renewal of your fixed-term employment contract.
But if the reason for the non-renewal is related to the employee’s pregnancy.
The dismissal will automatically become unfair and considered wrongful.
So what can you do if you find your dismissal wrongful?
You may approach respective organizations for help:
- United States: Equal Employment Opportunity Commission (EEOC) for assistance.
- United Kingdom: Advisory, Conciliation, and Arbitration Service (ACAS)
- Canada: Canadian Human Rights Commission (CHRC)
- Singapore: Association of Women for Action and Research (aware)
Termination By Employee
An employee can terminate their employment agreement voluntarily. Unless they are still within the agreed employment bonds/training bond period or similar. But if the employee still wishes to resign during their bond period, it is still possible.
Nonetheless, under normal circumstances, employees who are pregnant can terminate their employment agreement if it is performed voluntarily.
But if the pregnant employee has no intention to terminate her employment and was deemed to be forced termination by the court. The employment can be reinstated.
Here are examples of possible forced terminations that can raise disputes:
- The employee’s application for termination was signed under pressure by the employer.
- The employee has no intention of terminating the agreement but was not given the opportunity to re-contract due to her pregnancy.
- The employee was unable to revoke her application for termination due to being hospitalized and undergoing medical treatment.
Up Next… Scary signs you should consider QUIT your job now!
“Misconceptions of Pregnant Workers’ Rights?”
Check out this video below!
Like this post?
Let us know in the comments below!
Wait a minute…
Do you have a story to share?
Share your story with our community by Clicking “Submit Your Story” below!
- 7 Examples of Pregnancy Discrimination in The Workplace (Need to Know)
- How to Deal with Pregnancy Discrimination at Work (Proven)
- 7 Things to Know about Pregnancy Discrimination at Work
- Can You Get FIRED From Your Job While Pregnant? (Answered)
- How to Resign During Bond Period Without Paying Bond? (Solved)
Join over 11,000+ achievers who are committed to achieving their career goals!
