Job Protection

No Harmful Work

In accordance with the Maternity Benefits Act, a pregnant woman cannot, on a request made by her in this behalf, be required by her employer to assign any work (during 10 weeks before her expected delivery) which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. An employer is also obliged not to employ a woman during the six weeks following the day of her delivery, miscarriage or medical termination of pregnancy.

Source: §4 of the Maternity Benefits Act 1961

Protection from Dismissals

It is unlawful for an employer to discharge or dismiss a pregnant worker during or on account of absence due to pregnancy, delivery or any post-natal illness, or to give notice of discharge or dismissal, or to vary to her disadvantage any of the conditions of her service.

Source: §12 of the Maternity Benefits Act 1961

Right to Return to Same Position

Employers are prohibited from varying a worker’s conditions of employment to her disadvantage while she is on maternity leave. It implies from Section 12 that a woman worker has the right to return to her same job/position after availing her maternity leave.

Source: §12 Maternity Benefits Act 1961