This article is general information, not legal advice. Every case is examined on its own facts, and every cause of action has its own limitation period.

Two conversations come up often in my office: a pregnant woman afraid to tell her employer because she's worried she'll be dismissed, and a reservist who comes home to find a dismissal letter waiting. In both situations the law provides real protection, but it isn't an absolute protection that applies automatically to every case. It's a conditional protection, and knowing exactly what the conditions are is what determines the next step.

The protection for a pregnant employee

The Women's Labor Law provides that an employer who wants to dismiss a pregnant employee, under circumstances the law defines, needs a prior permit from the officer in charge of the Women's Labor Law at the Ministry of Labor. The officer reviews the request, and isn't supposed to grant a permit if it turns out the reason for the dismissal is connected to the pregnancy. This isn't protection that says a pregnant employee can never be dismissed under any circumstances. It means dismissals like that go through an external check before they take effect, rather than remaining a one-sided decision made by the employer alone.

The law doesn't stop at pregnancy itself. It extends the protection to an employee undergoing fertility treatment as well, and to the period close to returning from maternity leave, under circumstances the law defines. Here too these are conditions worth checking on their own facts, not a blanket assumption that any period around pregnancy or childbirth is covered by exactly the same protection.

When a permit is required, and what a permit doesn't mean

The duty to obtain a permit depends on circumstances the law sets, including how long the employee has worked for that employer. That's a detail worth checking on its own facts in every case, not assuming in advance. Even when a permit is granted, it isn't a finding that the employer is right about every claim it raises, only a confirmation that the officer found no connection between the dismissal and the pregnancy. An employee dismissed without the employer ever applying for a permit is in a completely different position from one dismissed after a request was submitted and properly reviewed, and that difference directly affects what can be done next.

The protection in the law isn't an absolute right never to be dismissed while pregnant. It's a right to a different process, one where someone other than the employer checks before the dismissal takes effect.

The protection after reserve duty

The Discharged Soldiers (Return to Work) Law provides a parallel protection, in a different direction. It prohibits dismissing an employee while they're serving reserve duty, and sets an additional protection period after they return from service, whose length depends on how long the reserve service was and is examined against the facts of each case. Like the pregnancy protection, this too is a conditional protection rather than blanket immunity from dismissal: an employer with a genuine reason unrelated to the reserve service can still act, but has to show that the reason really isn't connected to it.

The mechanism differs somewhat from the one in the Women's Labor Law, but the idea is similar: the protection exists to make sure a dismissal close to reserve duty isn't made simply because the employer was without the employee, or to avoid the hassle of releasing someone for service. An employee who was discharged and finds themselves dismissed shortly after returning should check the exact circumstances of their case, because those are what determine whether the protection applies and how far it reaches.

When the employer claims the reason is unrelated

In both situations, timing plays a central role. A dismissal that comes very soon after the employer learned of the pregnancy, or soon after the return from reserve duty, immediately raises the question of whether there's really a connection. As a rule, once that claim is raised, the employer has to show that the reason for the dismissal isn't connected to the pregnancy or the service, and simply saying so isn't enough. It has to back up the claim with facts: exactly when the decision was made, who made it, and on what basis. Organized records from the period before the pregnancy or reserve callup was announced, if they exist, can support the employer's claim, just as the absence of such records can support the employee's.

Why written notice matters

The moment you know about the pregnancy, or the date of a reserve callup, it's worth notifying the employer in writing, rather than relying on a spoken conversation alone. Written notice, even just a short email or a WhatsApp message, creates a dated record that can't later be disputed. This matters especially because in both scenarios the question of whether the employer knew, and when, can be entirely central to any inquiry that follows. A spoken conversation with no written backup leaves you dependent on someone else's memory.

What to do now

If you were dismissed while pregnant or close to reserve duty, or you're worried it's about to happen, a few steps help protect your position:

  • Notify the employer in writing about the pregnancy or the service dates, and keep a dated copy.
  • If you received a dismissal notice, find out immediately whether a permit request was filed, and whether one was granted.
  • Document any conversation touching on the pregnancy or the reserve duty soon after it happens, including who said what.
  • Don't sign a resignation letter or a mutual termination agreement under pressure, even if you're told to sign it to "close things quickly."
  • Get this checked as early as possible, since some of these rights depend on acting in time.

In most cases, one conversation is enough to know whether the process used against you was proper, and what the next step is.