Terminating mothers on maternity leave now ruled unlawful in Pakistan

In a landmark decision safeguarding the rights of working women across Pakistan, the Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has ruled that dismissing a woman during her maternity leave is an act of gender-based discrimination.

The verdict, issued by Fauzia Viqar, the Federal Ombudsperson, ordered a private IT firm to pay Rs800,000 in compensation to the affected employee and an additional Rs200,000 to the national treasury, marking a significant precedent for workplace equality and women’s rights in the country.

“Motherhood should never become a barrier to a woman’s career,” Viqar stated, reaffirming that maternity is a right—not a reason for exclusion.

Complaint and Ruling

The case stemmed from a complaint filed by Zainab Zahrah Awan, who was terminated in April 2024 while on duly approved maternity leave. After reviewing the case, FOSPAH declared the termination illegal and unconstitutional, reinstating her position and nullifying the dismissal letter.

The ruling emphasized that the act violated not only the Protection against Harassment of Women at the Workplace Act, 2010, but also the constitutional guarantees of dignity, equality, and protection of motherhood under Articles 14, 25, and 37 of the Constitution of Pakistan.

“Safe motherhood is not a privilege—it’s a fundamental right. No woman should ever be forced to choose between her family and her profession,” the Ombudsperson noted in her detailed judgment.

Reinforcing Legal and International Commitments

FOSPAH’s judgment underscored that maternity protections are non-negotiable and align with Pakistan’s international obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and International Labour Organization (ILO) conventions.

The Ombudsperson urged both public and private organizations to implement robust maternity and anti-discrimination policies, ensuring workplaces across Pakistan uphold equality, respect, and dignity for women.

A Precedent for Women’s Workplace Rights

The decision is being hailed as a milestone for gender equality and a powerful reminder that termination during maternity leave is unlawful. It strengthens the broader movement for safe and inclusive workplaces in Pakistan, encouraging women to pursue their careers without fear of discrimination.