Dismissed While Pregnant or on Maternity Leave in Singapore: Your Rights and What to Do

By Johnathan Lee, Advocate and Solicitor (Singapore). Updated 19 October 2026.

If you have worked for your employer for at least three months and a doctor has certified your pregnancy, the Employment Act 1968 protects you. A notice of dismissal given without sufficient cause at any time of your pregnancy does not take away the maternity payments you would otherwise have received (section 84), and your employer cannot lawfully give you notice of dismissal while you are on maternity leave (section 81). If you were pushed into resigning, the law can still treat that as a dismissal. You can claim reinstatement or compensation, starting with mediation at the Tripartite Alliance for Dispute Management (TADM), but the deadlines are short, so act quickly.

Does the law protect me from being dismissed while I am pregnant?

Yes, if you meet two conditions. Under section 84(1)(b) of the Employment Act, the protection applies where you have served the employer for 3 months or more immediately before the day the notice of dismissal is given, and your pregnancy was certified by a medical practitioner before that notice. If both are met, a notice of dismissal given without sufficient cause at any time of your pregnancy does not deprive you of the maternity payments you would otherwise have been entitled to.

Under section 84(2), you can also claim reinstatement in your former job, with the wages you lost, or compensation the Tribunal considers just and equitable.

Once you are on maternity leave, the rule is stricter. Section 81 makes it unlawful for your employer to give you notice of dismissal during your absence, or to time a notice so that it expires during your absence. The Ministry of Manpower (MOM) states on its maternity protection page that dismissing an employee while she is on maternity leave is an offence. These protections also extend to government-paid maternity leave under the Child Development Co-Savings Act 2001, which applies sections 77 to 84A of the Employment Act to its maternity payments (section 12(1)).

What counts as “sufficient cause” to dismiss a pregnant employee?

The Act does not define “sufficient cause”. Pregnancy does not make you impossible to dismiss, but the reason must be genuine and provable.

• Poor performance must be measured objectively. MOM’s guidance on performance-based dismissal of pregnant employees says a decision to dismiss must be based on relevant and objective performance criteria. The Tripartite Guidelines on Wrongful Dismissal (para 6) add that an employer cannot dismiss without notice for poor performance.
• Misconduct needs a proper inquiry. Section 14(1) of the Employment Act allows dismissal without notice for misconduct only “after due inquiry”. The Guidelines’ illustrations describe an employee being given a chance to be heard.
• Timing matters. The Guidelines (para 11) treat dismissal to deprive an employee of benefits as wrongful. Illustration 6 describes an employee dismissed shortly after telling her employer she was pregnant, who was not paid her maternity benefits.

The burden of proof depends on how you were dismissed. MOM’s wrongful dismissal page says that if you were dismissed without notice, your employer must show the dismissal was not wrongful. If you were given notice or salary in lieu of notice, you must show it was wrongful.

I was pushed to resign. Is that still a dismissal?

It can be. Lawyers call this “constructive dismissal”: you did not want to leave, but your employer’s conduct left you no real choice. Section 2(1) of the Employment Act defines “dismiss” to include a resignation where you can show that you did not resign voluntarily, but were forced to because of your employer’s conduct or omissions. You must prove this on a balance of probabilities, which means it is more likely than not.

That is why you should not resign in haste. Once you resign, the burden is on you to show the resignation was forced. Resigning also has a direct cost: under section 76(5A) of the Employment Act, and section 9(2A) of the Child Development Co-Savings Act, a woman who resigns before using her maternity leave forfeits the unused leave and the pay for it. If you are being nudged towards resigning, get advice before you sign anything.

See also my note on a related forced resignation decision, [2026] SGECT 10.

What did the Employment Claims Tribunal decide in the maternity leave case reported in September 2026?

In JKP v JKQ [2026] SGECT 13, an executive who resigned while on maternity leave was awarded $19,800 for wrongful dismissal. The Tribunal gave its decision orally on 1 July 2024 and published its written grounds on 22 September 2026. As I told CNA, the case turned on two questions: was her resignation really a dismissal, and if so, was the dismissal without just cause or excuse?

• Forced resignation. The Tribunal found she did not resign voluntarily but was compelled to do so by the employer’s communication (at [25]). A transcript of a recorded phone call made it “abundantly clear” that she was being told her employment would end when her maternity leave did (at [24]).
• The real reason. The employer’s stated reason was unsupported, and her appraisals were good (at [28] to [33]). The Tribunal found the real reason was her impending absence for hospitalisation leave and maternity leave (at [34]). Because both were her employment rights, dismissing her for exercising them was a dismissal on a wrongful ground, and discrimination on account of her pregnancy and maternity leave (at [35]).
• The award. $9,900 for loss of income (at [43]) and $9,900 for harm caused (at [49]), totalling $19,800 (at [50]).

Each case turns on its facts. See more 2026 ECT wrongful dismissal decisions.

What evidence should I keep, and can I record conversations?

Evidence decides these cases. Start keeping records now, even if nothing has happened yet.

• Your doctor’s certification of your pregnancy, and a note of when and how you told your employer.
• Your employment contract, payslips, appraisals and any record of bonuses or increments.
• Messages and emails about your pregnancy, leave, workload or future with the company. Save copies outside your work account where you are allowed to.
• A short follow-up email after any important conversation, for example: “Thank you for meeting me today. To confirm, you said …”
• Any letter of dismissal, warning or show-cause, and your written replies.

On recordings: in my view, recording a conversation you are part of is generally not a criminal offence in Singapore, and tribunals can take recordings into account. In JKP v JKQ, the Tribunal relied on a transcript of a phone call to the employee that her husband had recorded (at [8] and [24]). But a clear employer policy against recording changes the risk. Use a recording only to get advice or to support a claim, and never post it online.

Do I still get my maternity benefits if I am dismissed?

If you meet the conditions, yes. MOM’s maternity protection page says that if you are dismissed without sufficient cause, or retrenched, while pregnant, your employer must pay the maternity benefits you would have been eligible for. The conditions are the same: at least 3 months’ service before the notice, and a pregnancy certified by a medical practitioner before the notice.

For retrenchment (dismissal on the ground of redundancy or reorganisation), section 84A of the Employment Act gives similar protection. Your maternity payments are in addition to any retrenchment benefit you are owed under your contract or any other written law.

If your maternity benefits have not been paid, MOM’s guidance is that you can approach TADM for help. See also employee rights under the Employment Act.

What are the deadlines, and where do I file?

You cannot go straight to the Employment Claims Tribunals (ECT). You must first file for mediation at TADM through its eServices portal. If mediation does not settle the dispute, a claim referral certificate is issued, which you need to lodge your claim at the ECT (Employment Claims Act 2016, sections 3(1) and 13(2)). The time limits are set out below.

Type of claim	Deadline to file at TADM	Source
Wrongful dismissal (dismissed without just cause or excuse, including forced resignation)	Not later than one month after the date of dismissal. MOM’s guidance: within one month from your last day of employment.	Employment Claims Act, s 3(2)(d); Employment Act, s 14(2)
Dismissed without sufficient cause during pregnancy (reinstatement or compensation)	Within 2 months after the date of your confinement. MOM’s guidance: within 2 months of the birth of your child.	Employment Claims Act, s 3(2)(e); Employment Act, s 84(2)

The two limits run from different dates. The safer course is to file within one month of the date you were dismissed, and if you were given notice and worked it out, do not assume the month runs only from your last day; get advice promptly. If you are a manager or executive dismissed with notice (or with salary in lieu of notice), a general wrongful dismissal claim also needs at least 6 months’ service (Employment Act, section 14(2A)). Seek help early, from TADM, your union or a lawyer.

In a written parliamentary reply of 7 October 2026, MOM said 387 pregnancy-related wrongful dismissal claims were filed at TADM from April 2019 to 2025. 301 (78%) were resolved through mediation, and the ECT awarded compensation in 27 of the 72 claims filed there. See your options at TADM and the ECT.

What will the Workplace Fairness Act change?

The Workplace Fairness Act 2025 will make it unlawful for employers to make adverse employment decisions based on protected characteristics. Section 8 lists pregnancy and caregiving responsibilities among them, alongside sex and marital status. Dismissal and retrenchment are covered employment decisions (section 7(1)).

• Who it covers. Most of the Act does not apply to employers with fewer than the prescribed number of employees, currently set at 25 (section 4).
• When. The Act starts on a date the Minister appoints by Gazette notification (section 1). In its 7 October 2026 reply, MOM said it is scheduled to take effect by end-2027.
• How claims will work. MOM’s 4 November 2025 press release says parties must try mediation first, and the ECT will hear workplace discrimination claims up to and including $250,000.

Until then, you rely on the Employment Act and the Tripartite Guidelines. Employers can read my Workplace Fairness Act guide for SMEs.

---

Frequently asked questions

Can my employer dismiss me for poor performance while I am pregnant?

Possibly, but the decision must be based on relevant and objective performance criteria, and poor performance does not justify dismissal without notice. If the reason is not genuine or cannot be supported, you may be entitled to your maternity benefits and to claim reinstatement or compensation.

Can my employer give me notice while I am on maternity leave?

No. Section 81 of the Employment Act makes it unlawful to give notice of dismissal during maternity leave, or notice that will expire during it. MOM states that dismissing an employee while she is on maternity leave is an offence.

I have worked for less than three months. Am I protected?

The pregnancy protection in section 84 needs at least 3 months’ service before the notice of dismissal. You may still have a general wrongful dismissal claim if you were dismissed without just cause or excuse, but managers and executives dismissed with notice (or with salary in lieu of notice) need at least 6 months’ service for that claim.

Should I resign if my employer asks me to?

Not before getting advice. If you resign, you must later prove the resignation was forced, and you forfeit any maternity leave you have not used. Ask for the request in writing and keep a record.

How long do I have to file a claim?

A wrongful dismissal claim must be filed at TADM not later than one month after the dismissal. A pregnancy claim under section 84 must be filed within 2 months after the birth. Work to the earlier date to be safe.

This article is general information, not legal advice. It states Singapore law as at October 2026. Speak to a lawyer about your specific situation.