The Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has ruled that terminating a woman during maternity leave constitutes gender-based discrimination and imposed a fine of Rs1 million on the private firm Embrace IT.
The groundbreaking ruling has strengthened protections for working women across the country.
The order came in response to a complaint filed by Ms. 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 — guaranteed under Articles 14, 25, and 37 of the Constitution.
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 judgement, the Ombudsperson emphasised that maternity protections are non-negotiable and inviolable rights, reinforced by Pakistan’s commitments under international instruments such as CEDAW, ICESCR, and ILO conventions.
“Safe motherhood is not a favour — it is a fundamental right,” the order stated, adding, “No woman should be forced to choose between her career and motherhood.”
The Ombudsperson reaffirmed that all employers must uphold women’s dignity and equality at the workplace.
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.
