‘Motherhood is not a barrier’, FOSPAH rules termination during maternity leave illegal

FOSPAH directs Rs800,000 to be paid to complainant as compensation, Rs200,000 deposited into national treasury

In a groundbreaking ruling that strengthens protections for working women across Pakistan, the Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH), Fauzia Viqar, has held that terminating a woman during her maternity leave constitutes gender-based discrimination, imposing a fine of one million rupees on the private IT Firm.

“Motherhood should never become a barrier to a woman’s career,” said Fauzia Viqar.

The order came in response to a complaint filed by Zainab Zahrah Awan, who was terminated in April 2024 while on duly sanctioned maternity leave. The Ombudsperson ruled that such termination not only violates the Protection against Harassment of Women at the Workplace Act, 2010, but also breaches fundamental constitutional rights — including dignity, equality, and protection of motherhood — enshrined under Articles 14, 25, and 37 of the Constitution.

“Safe motherhood is not a favor — it is a fundamental right. No woman should be forced to choose between her career and motherhood,” the Ombudsperson stated, reaffirming that all employers must uphold women’s dignity and equality at the workplace.

FOSPAH directed that Rs800,000 be paid to the complainant as compensation and Rs200,000 deposited into the national treasury, declaring the termination letter null and void and restoring the complainant’s employment status.

In her detailed judgment, the Ombudsperson emphasised that maternity protections are non-negotiable and inviolable rights, supported by Pakistan’s commitments under international instruments such as 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 Organisation (ILO) conventions.

The decision sets a significant precedent for women’s workplace rights in Pakistan, underscoring that any termination during maternity leave is unlawful and amounts to gender-based discrimination.

The Ombudsperson further urged all public and private organizations to adopt and implement comprehensive maternity and anti-discrimination policies in line with the Constitution and Pakistan’s international obligations.