A new mother has, for the first time in Pakistan, successfully challenged an unlawful dismissal that happened while she was on maternity leave.
Zainab Zahra, 31, an Islamabad-based IT expert, had been fired from her job while on approved maternity leave. Instead of staying silent, she took her fight to the court of the Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH), challenging her termination.
Her courageous stand led to a landmark ruling that compelled her employers to pay millions in fines.
The court fined the company Rs1 million (around $3,600), Rs800,000 (around $2,840) to Zainab, and Rs200,000 (around $660) deposited into the national treasury.
The federal ombudsperson declared that “terminating a woman during maternity leave constitutes gender-based discrimination and violates her constitutional rights to dignity, equality, and protection of motherhood.”
'Safe motherhood is not a favor'
The judgment also emphasized, “Safe motherhood is not a favor, it is a fundamental right. No woman should be forced to choose between her career and motherhood.”
The ombudsperson also ordered Zainab’s reinstatement until a lawful termination process is carried out. In addition, the company was directed to formulate a comprehensive maternity policy to prevent such discrimination in the future.
Zainab told The Media Line that “when she embraced motherhood with the arrival of her first child, she anticipated a period of happiness and cherished moments. But those hopes were abruptly replaced by distress.”
“I should have been enjoying the early days with my baby, creating lasting memories,” she shared. “Instead, I was left grappling with emotional turmoil after receiving a termination notice while still on maternity leave — simply for becoming a mother.”
Zainab was fired less than a month after giving birth, before her three-month maternity leave was over. She later discovered that the firm had replaced her with a contractual worker she herself had trained.
“My dismissal came at an especially difficult time. After my father passed away, my sisters and I managed everything on our own,” Zainab told The Media Line.
“Even after marriage, I continued to support my mother and sister. Looking for another job was impossible,” she recalled. “So, I decided to fight back — for myself and for the countless women who remain silent despite the law.”
The historic verdict in Zainab’s case not only restores justice for her but also sets a groundbreaking precedent for working women across Pakistan, highlighting the urgent need to protect the rights of pregnant employees in the workforce.
The ruling also delivers a clear warning to employers across the country to respect and protect maternity rights.
When asked about her family background, Zainab told The Media Line, “My late father was a landlord. We moved from Bhakkar, Punjab, to Islamabad. I studied at the University of Lahore and completed my bachelor’s degree. I have a 1.5-year-old daughter.”
Reflecting on her personal journey, she added, “During this entire process, the person who truly pushed me forward and stood by me in my hardest time was my husband, Ali.”
She continued, “The irony is that while one man took away my rights, another, my incredible husband, Ali, gave me the strength, courage, and unwavering will to rise again. He stood by me through every challenge, a true reflection of resilience, partnership, and faith.”
Recalling that difficult phase, she said, “His support meant everything when I was starting a new chapter after being terminated from an organization where I had spent two dedicated years.” Zainab paused for a moment before adding softly, “This was the hardest time of my entire eight-year career.”
Zainab’s case also highlights the gap between legislation and practice and demonstrates how legal mechanisms like FOSPAH can empower women to assert their rights.
Despite existing laws protecting maternity leave, many women in Pakistan’s private sector still face job insecurity during pregnancy.
This ruling serves as a warning to employers who may consider infringing upon the rights of pregnant employees, emphasizing the legal and ethical obligations to provide a supportive and accommodating work environment for expectant mothers.
Even though Pakistan has laws protecting maternity leave, in the private sector, these safeguards often exist only on paper.
Peshawar’s Sadia Yousafzai’s ordeal highlights the harsh reality many working mothers face — where pregnancy can still put their jobs at risk. Employed at a reputed private firm, she was dismissed shortly after becoming a mother — punished for the very act of giving life.
Yousafzai was compelled to cut short her maternity leave and return to work. With no access to a reliable childcare facility for her 1-month-old son, she and her husband brought the infant to the workplace for a few hours each day. Instead of support, she faced anger and humiliation from her supervisors, followed by termination without prior notice or justification.
The ordeal deepened when the company threatened to dismiss her husband, who was also employed there, if she pursued legal action. “I was silenced not just as a woman, but as a wife and a mother,” Yousafzai told The Media Line.
Zainab Zahra’s victory brings a measure of hope, but Yousafzai’s struggle reveals how widespread such injustices remain, and how crucial it is for others to continue challenging them.
The Media Line spoke with FOSPAH’s Ombudsperson, Fauzia Viqar, a widely recognized expert on women’s rights and empowerment both in Pakistan and internationally.
Viqar stressed that “the Zainab Zahra case has reinforced that maternity protection and a harassment-free workplace are not privileges, but fundamental rights guaranteed under the Constitution of Pakistan.”
“The office has engaged the Securities and Exchange Commission of Pakistan and the United Nations in Pakistan to ensure organizations adopt clear, enforceable maternity and anti-discrimination policies, Viqar added.
She explained that to reach women at the grassroots, FOSPAH is expanding awareness and community outreach so that women in every province know their rights and how to claim them without fear of retaliation.
She stressed that intimidation by employers is taken very seriously, as the law protects against such actions, and FOSPAH intervenes swiftly wherever needed.
Viqar observed that “the main challenge lies in weak compliance and outdated workplace attitudes, particularly in the private sector,” and pointed out that FOSPAH is strengthening enforcement, compliance monitoring, and training to promote accountability, equality, and respect for women.
A senior lawyer at the Lahore High Court Rawalpindi Bench, who requested to be identified by the name Faiza, told The Media Line that “firing a woman while she is on maternity leave is a
clear violation of her constitutional rights, an act that strikes at the very core of equality, dignity, and protection of motherhood guaranteed under Pakistan’s Constitution.”
Such actions, she noted, not only deprive women of their livelihoods during one of the most vulnerable periods of their lives but also reinforce systemic discrimination that continues to marginalize women in the workplace.
Faiza noted that Pakistan’s laws clearly forbid this kind of discrimination. She emphasized that Article 37(e) of the Constitution obligates the state to safeguard women’s rights during pregnancy and after childbirth.
She further noted that “this constitutional safeguard is complemented by statutory laws such as the Maternity Benefit Ordinance of 1958 and provincial legislation, including the Punjab Maternity Benefits Act of 2018, which make it unlawful for any employer to dismiss or penalize a woman because of her maternity status.”
“Together, these provisions affirm that safeguarding motherhood is not a privilege granted by employers — it is a constitutional duty that must be upheld without exception,” she emphasized.
Faiza declared that “from maternity leave to a historic milestone, Zainab Zahra has rewritten the narrative for working women in Pakistan, ensuring that motherhood and career no longer have to be mutually exclusive.”
Riffat Ayesha, a Rawalpindi-based women’s rights advocate, told The Media Line that “while Pakistan has progressive laws on paper, their implementation remains alarmingly weak, especially in the private sector.”
She noted, “In many organizations, women are still penalized for motherhood. Pregnancy is often treated as an inconvenience rather than a natural right. Employers exploit loopholes in the system, confident that few women will challenge them because of social stigma or fear of losing their livelihoods.”
Ayesha added that “most women either remain silent or resign quietly because internal complaint mechanisms are ineffective and legal processes are lengthy and intimidating.” “The lack of enforcement has allowed workplace discrimination and harassment to become normalized, especially against pregnant employees and new mothers,” she said.