Pregnancy Discrimination

Pregnancy discrimination can include all of the following actions by an employer: 

• Refusing to hire a pregnant applicant
• Subjecting her to demotion or unfavourable transfer
• Denying the same, or a similar, job to a pregnant employee when she returns from pregnancy-related leave
• Dismissing an employee during pregnancy or upon return from maternity leave without justifiable causes
• Offering her a smaller pay raise or bonus, or fewer training opportunities, than other employees despite consistent positive performance reviews or feedback
• Making offensive, insulting and/or harassing comments over pregnancy, a pregnant employee’s body and/or breast-feeding activities
• Implementing unfavourable changes in her working hours, roles, duties and performance targets without justifiable causes

• A pregnant worker needs to take time off to visit her doctor for prenatal care. She is docked and eventually disciplined for missing time from work, even though other workers who need on-going medical treatment are not docked or disciplined.
• An employee informs her boss that she is pregnant. Her boss makes unfavourable changes to her performance targets and job scope without justifiable cause, provides negative performance feedback and fires her, even though she has consistently performed well and is able to continue working in her role.
• A pregnant worker at a supermarket asks to stop lifting heavy boxes during her pregnancy. The boss refuses, even though another employee did not have to lift boxes while recovering from surgery. The pregnant worker is forced to quit her job.
• A female employee announces her second pregnancy. Her boss makes offensive comments about pregnancy being a recurring event, and that women should not plan on being pregnant if they want to grow in their careers.
• A woman returns from her maternity leave. Her colleagues make insulting jokes and comments about her breast pumps and breast milk.

Pregnancy discrimination and maternity discrimination are used interchangeably. The terms refer to unfair treatment because you are pregnant, breastfeeding or because you have recently given birth.

It depends. The employer’s behaviour may constitute pregnancy discrimination if they had prior knowledge of the employee’s pregnancy (e.g. through an informal chat), or suspected that she was pregnant (e.g. based on her taking leave to go to a gynaecologist).

MOM’s regulations require a pregnant employee to have worked for the employer for at least three months and been certified pregnant by a medical practitioner to qualify for this maternity protection.

To avoid any potential misunderstandings, we encourage employees to inform employers of their pregnancy, to balance work responsibilities and allow for work scheduling and maternity leave planning.

Yes, an employer can dismiss a pregnant employee before her confinement period on grounds of redundancy, poor performance or misconduct. These grounds are based on relevant and objective performance criteria, and/or a thorough inquiry into the alleged misconduct.

However, if an employee is dismissed because her employer: a) wants to deny her employment benefits, such as maternity leave or hospitalisation leave; b) is biased against pregnant women; c) wants to punish her for approaching TADM for information on her rights, etc., it may be considered wrongful.

No. According to MOM’s guidelines, it is an offence for an employer to dismiss an employee while she is on maternity leave. A pregnant employee is entitled to maternity protection if she has been at her job for at least three months.

As a pregnant employee, you should be treated fairly, assed on your merits, requirements of the job and performance criterias that are relevant and objective. It is wrongful for an employer to terminate your employment without sufficient cause, or retrench you during your pregnancy. 

This should be agreed upon before leaving for maternity leave. Before the leave begins, the employer and employee should come to an agreement on how, how often and what to be contacted for. For example, it could be set dates for quick check-ins or agreeing to be contacted via email only about major changes at work, HR updates and opportunities for training. An employer, however, cannot pressure an employee into working during her maternity leave.

Yes, employers may get a maternity cover for the employee on maternity leave. A maternity cover is a temporary replacement for an employee on maternity leave. Hiring a maternity cover could prevent any disruptions in work flow and minimise additional workload for existing teammates.

The returning employee should be allowed—although this is not currently covered under law—to return to the same job she was employed in before her maternity leave. Therefore, when an employee is recruited to cover the work of the absent employee, it is vital that the employer makes it clear that this role is temporary, for a fixed term and to cover maternity leave.

The employer may, however, choose to hire the maternity cover permanently for a different opening that he/she may be qualified for after this temporary assignment.

While existing maternity protections do not extend to returning mothers, a returning employee should be allowed to return to the same job she was employed in before her maternity leave.

If there is a restructuring, and an employee who has begun maternity leave is selected for a reassignment, the employer is encouraged to talk to her about the process and potential roles being considered. In such situations, the returning employee may return to a similar role in terms of status and responsibilities.

Given our ageing population and a shrinking workforce, female labor participation has always played a key role in Singapore’s long-term economic stability. Despite this, Singapore’s gender gap in labor force remains significant.

According to an ASEAN Today report, increasing female employment numbers will alleviate the labor crunch and help to sustain Singapore’s competitiveness globally. The problem is not about getting women to enter the workforce, but getting them to stay on in it. 

Women continue to be disproportionately affected by caregiving responsibilities and housework, and these constraints are further exacerbated by the lack of flexible work arrangements within our workplaces. Most women, despite being fully willing and capable to work, are forced to opt in completely at work, or opt out.

Therefore, employers play a vital role in enabling women to choose both work and care—with compassion, flexible hours, smooth transitions back into their professional lives after maternity leave, subsidised child care and paid leave. In the process of doing so, these employers help expand Singapore’s gross domestic product.

Pregnancy and new motherhood come with a host of difficulties for women, from medical complications that necessitate time away from the office, to an inability to carry out physically laborious tasks. This may require colleagues to pick up the slack for their pregnant or nursing teammates. Many mothers themselves worry this imposes unfair costs on others.

However, remember that in bearing children, mothers are performing important, socially productive work that also contributes to economic growth by producing workers and citizens.

Employers need to embrace working mothers as valuable employees, and compensate the employees who provide coverage for colleagues while they are on maternity leave.

Transition periods—e.g. the duration of a pregnancy, or the return from leave as new parents—may involve adjustments, both on the personal and professional front. Employees should not be penalised for these.

To ensure a fair and objective performance review for all employees, including pregnant employees and new parents returning from leave, HR should consider making adjustments to their appraisal process—including creating a goal-setting process for leavers and returnees, setting priorities to increase returnee’s productivity as they adjust to new family responsibilities, establishing ongoing informal feedback and discussing future development goals. Constructive conversations between employer and employee allow for fair consideration during appraisals, assessments or reviews, without marking down an employee on the basis of a temporary dip in performance during these transition periods.

Yes. Women should not be treated differently if they are unmarried and pregnant. The above examples will still be considered pregnancy discrimination, regardless of a woman’s civil status.

Yes. Fathers can experience pregnancy discrimination via association to a pregnant partner or a new mother. For example, a father may be denied time off for prenatal visits, or denied parental leave for the purposes of bonding with or providing care for a child. If a father is denied his leave, this constitutes pregnancy-related discrimination.

When you request leave or a work accommodation (such as flexible arrival times or no consecutive night shifts), it may be helpful to do so in writing, explaining the reason for leave and how long a leave you may need. Remember to keep copies of everything that you send and receive from your employer.

If you are concerned that you are a target of pregnancy-related discrimination, the first step is to begin documenting every relevant incident, comment or gesture. This includes documenting the date, time and details of the alleged discrimination.

Begin by informing your supervisor and/or HR of your pregnancy over email. If you have verbally informed them, follow up with an email to document that conversation and attach any notes or certification from your medical practitioner.

If you find your performance suddenly being questioned, it is a good idea to start collating all your previous performance reviews or appraisals, emails, contract extension letters and/or performance-related pay raises that document your positive performance.

If you requested prenatal care time off and were denied, keep record of the times you requested it and were rejected, preferably via emails or system confirmations.

If your job is terminated and you are not given written reasons for the termination, it is best to request these reasons in writing.

All these details and the paper trail can help you prove your case if you need to later.

If you are still employed at your company and have been subjected to pregnancy discrimination, you may report this to the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP).

If you have been wrongfully terminated after announcing your pregnancy, you may file a claim with the Tripartite Alliance for Dispute Management (TADM) under Wrongful Dismissals.

Not sure if you have been discriminated against? Looking for more advice on your situation? Contact our Workplace Harassment and Discrimination Advisory (WHDA) for confidential and tailored advice.