ISLAMABAD — The Federal Ombudsperson for Protection against Harassment (FOSPAH) has declared that termination of employment during maternity leave constitutes gender discrimination, emphasizing that job security during maternity is a fundamental right of women.
In a landmark decision, Federal Ombudsperson Fauzia Waqar imposed a fine of Rs 1 million on a private company for unlawfully dismissing Ms. Zainab Zahra Awan during her maternity leave.
According to the decision, the company is directed to pay Rs 800,000 as compensation to the affected woman and deposit Rs 200,000 into the national treasury. The Ombudsperson also nullified the termination order and restored Ms. Zainab Zahra to her position, asserting that “Motherhood should never be a barrier to a woman’s career.”
Background of the Case
Ms. Zainab Zahra Awan, employed as HR Manager at Embrace IT, filed a complaint with FOSPAH alleging gender discrimination and workplace harassment after being dismissed during her maternity leave.
She had been serving the company since July 2022 and was granted maternity leave from March 14 to June 14, 2024. However, while still on leave, she received a termination notice on April 24, 2024.
In response, Ms. Awan sent a legal notice on May 6, 2024, challenging the company’s action. The company later lodged a police report seeking recovery of a laptop in her possession.
After President Dr. Arif Alvi’s Office referred the case back to the Federal Ombudsperson for adjudication, FOSPAH conducted detailed hearings. Upon reviewing the evidence and arguments from both sides, the Ombudsperson concluded that Ms. Awan’s termination was illegal and discriminatory.
Delivering the verdict, Fauzia Viqar reaffirmed that safe and secure maternity is the basic right of every working woman, and any action undermining that right constitutes gender bias and workplace injustice.