Labour & Service Law

Can a company terminate a pregnant employee?

Asked by Anonymous · Answered 20 Jan 2026

The Question
A colleague of mine who is pregnant is worried her company might terminate her before she goes on maternity leave. Is this legally permitted?
Answer — MyLawIndia Legal Team

No — terminating an employee specifically because of her pregnancy, or during her maternity leave period, is generally prohibited and treated as a serious violation of maternity benefit and labour protection law, regardless of what reason the employer might try to cite for the termination.

Employers are specifically barred from discharging or dismissing a woman during her pregnancy, or denying her maternity benefits, on account of her pregnancy or absence connected to it — an employer that does so can face legal consequences, and the termination itself can be challenged as illegal.

If a termination does happen around this time for other stated reasons (such as alleged performance issues), it becomes especially important to scrutinise whether the stated reason is genuine or a pretext, since the timing itself often raises legitimate suspicion. If your colleague ends up facing this situation, she should consult a labour lawyer promptly, since acting quickly generally strengthens the case for reinstatement or other appropriate remedy.

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