Firm fined Rs1.2m over maternity leave discrimination

ISLAMABAD: The Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has imposed a Rs1.2 million penalty on a private organisation after finding it liable for unlawfully terminating a female employee during her approved maternity leave, along with gender-based discrimination and psychological harassment.

In a detailed order, FOSPAH said the organisation had violated the Protection Against Harassment of Women at the Workplace Act, 2010, as amended, and directed it to take corrective steps in line with the law.

According to the complaint, the woman, who worked in an accounting position, was told by phone during her approved maternity leave that her employment would be ended. The order said she was not issued any formal termination letter or written notice, and no reason for the decision was communicated to her. She was later informed that her name had been placed on a final list of employees whose services would be terminated after the end of their maternity leave.

After examining documentary material and witness statements, FOSPAH ruled that notifying an employee of dismissal while she is on protected maternity leave amounts to adverse treatment directly connected to her maternity status. The ombudsperson held that this constituted gender-based discrimination as well as psychological harassment under the applicable law.

The order further stated that pregnancy, childbirth, maternity leave and postnatal recovery are conditions specific to women, and that any adverse action tied to those circumstances is prohibited under the law.

FOSPAH also found other instances of discriminatory conduct by the organisation. These included not responding to the complainant’s requests for transport support during her postnatal recovery, delaying daycare-related documentation, and withholding an annual salary increase after she returned to work.