Protection against Termination in the Case of an Employee Who Is Pregnant or on Family Leave
According to the Employment Contracts Act, there is special protection against termination in the case of an employee who is pregnant or on family leave. The Act also provides that pregnancy or the use of family leaves cannot be used as a ground for termination. It is forbidden to terminate the employment agreement before the family leave commences or during it on the basis of pregnancy or the use of family leave.
If the employee in a termination situation refers to her pregnancy, she must on request provide the employer with evidence of her pregnancy.
If the employer terminates the employment agreement of a pregnant employee or an employee on family leave, the termination shall be deemed to have taken place based on the employee's pregnancy or family leave unless the employer can prove that there was another reason. The employer therefore has an enhanced obligation to prove that the termination was not based on the pregnancy or family leave. Pregnant employees or employees on family leave may be fired on the grounds related to their person, but the employer has an especially enhanced burden of proving that the dismissal was not related to the pregnancy or the family leave.
The employer is not allowed to terminate an employee’s employment relationship during his/her family leave based on production-based or financial grounds. The employer shall be entitled to terminate the employment of an employee on family leave only if the employer’s operations cease completely e.g. because bankruptcy or the death of employer.