Landmark FOSPAH gives Verdict about dismissal of a woman while on Maternity Leave is gender discrimination!
In a powerful step toward gender equality, the Federal Ombudsperson for Protection against Harassment (FOSPAH) has delivered a landmark ruling proclaiming that the dismissal of a woman while on maternity leave is gender discrimination. This ruling is a major milestone toward ensuring women’s constitutional and professional rights in Pakistan.
Federal Ombudsperson Fauzia Viqar ruled after hearing a complaint filed by a woman who was illegally terminated while on leave owing to her maternity. The judgment not only restores her job but also makes a loud statement to all employers: motherhood can never be made a liability or a cause for professional termination.
The Case That Challenged a Legal Turning Point
As per the case facts, the complainant was appointed as an HR Manager on July 20, 2022. Her maternity leave was formally sanctioned on March 8, 2024, to be taken from March 14 to June 14, 2024. But in a surprise twist, her employer served a termination notice on April 24, 2024—right during the middle of her sanctioned leave.
Feeling wronged and belittled, the woman went to FOSPAH, who demanded justice and protection from the law. What ensued was a landmark intervention that reaffirmed women’s job security right during maternity leave.
The Verdict: Justice and Accountability
Federal Ombudsperson Fauzia Viqar ordered in favor of the complainant, terming the dismissal a blatant act of gender discrimination. The firm was penalized with Rs1 million, with Rs,800,000 to be handed over directly to the victim as compensation for the emotional and financial loss she suffered. The balance Rs,200,000 will go into the national exchequer.
Additionally, the firm has been directed to reinstate the worker in her initial position, recovering not just her job but also her dignity and perception of justice.
In her judgment in written form, Viqar underlined that “motherhood should never be treated as a hurdle in a woman’s career.” She also highlighted that maternity leave is a basic right, not an privilege, and should be respected by both public and private employers.
Setting a Precedent for All Workplaces
The FOSPAH ruling is an eye-opener for institutions in all of Pakistan. Viqar called upon all employers to uphold and respect women’s legal and constitutional rights, so that workplaces are safe, inclusive, and conducive for women colleagues.
She emphasized that all organizations need to provide women maternity protection, paid leave, respect, and career opportunities, removing all job insecurity and pregnancy-and-motherhood-related biases from the workplace.
This ruling reinforces Pakistan’s commitment to gender equality and workplace justice, encouraging women to stand up against discrimination and seek legal redress when wronged.
Empowering Women Beyond the Verdict
The ruling by FOSPAH is more than a milestone in the law—it’s an empowerment message. It gives validity to the dilemma that most women experience in juggling career aspirations with motherhood and sends a comforting message that the law firmly has their backs.
By making employers responsible, this ruling sends a ripple effect that will hopefully lead to **more corporate accountability, inclusive HR policies, and regard for women’s rights across industries.
As the workplace changes, this case reminds us that progress is more than just profit—it’s about protecting the dignity, security, and future of every working woman.
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