Islamabad, Pakistan | 4 August 2026
The Federal Ombudsperson for Protection Against Harassment (FOSPAH) has ruled in favor of a woman whose employment was terminated during her approved maternity leave, declaring the employer’s actions unlawful and constituting workplace harassment under Pakistan’s legal framework.
According to the decision, the complainant had joined a private organization as a Human Resources Executive in November 2024 and was granted six months of paid maternity leave from 13 November 2025 to 13 May 2026. During her leave, she was repeatedly asked by the employer to return to work before the approved leave period had ended. She informed the organization that recovery following a cesarean section, the age of her infant, and the absence of suitable childcare arrangements prevented her from resuming duties earlier.
Before the completion of her sanctioned leave, the employee was informed through WhatsApp that the organization expected her to resign and that her notice period had already commenced. She was subsequently asked to either resign or face termination. During this period, her official email account and access to workplace systems were also revoked without any disciplinary proceedings or formal notice.
Following an inquiry, FOSPAH concluded that the decision to terminate her employment while she was lawfully on approved maternity leave, coupled with pressure to resign and the withdrawal of workplace access, amounted to discrimination based on pregnancy and maternity. The Ombudsperson held that such conduct falls within the scope of gender-based discrimination and constitutes harassment under Section 2(h) of the Protection Against Harassment of Women at the Workplace Act, 2010.
As part of its decision, FOSPAH directed the employer to pay PKR 500,000 in compensation for the hardship, humiliation, and losses suffered by the complainant. The Ombudsperson also declared the termination illegal and ordered her reinstatement to her previous position on the same terms and conditions that existed before her maternity leave.
The ruling further provides that, should the complainant choose to resign instead of returning to work, the organization must issue an accurate service and experience certificate free from adverse or stigmatizing remarks.The decision reinforces the importance of protecting maternity rights, preventing gender-based discrimination in the workplace, and ensuring effective implementation of legal safeguards for women employees.
