Should you inform your employer of your pregnancy?
In general, you are not required to disclose your pregnancy to your employer during the job interview or immediately after starting your job. You would only have to inform your employer before taking maternity leave. However, to avail yourself of the rights granted to pregnant employees (such as adjustments to your work environment, reduced working hours, time off for medical appointments, etc.), you must communicate this information to your employer either verbally or in writing, or both. In some cases, you might also be asked to provide medical evidence. However, it may differ depending on the country. Below are three case studies.
France
Article L1225-1 of the French Labor Code explicitly states that "employers must not consider pregnancy as a reason to reject a woman for employment, terminate her contract during a trial period, or transfer her, except in cases of temporary assignments in accordance with the provisions of articles L.1225-7, L.1225-9, and L.1225-12. It is therefore prohibited to seek or have sought any information about the pregnancy of the individual in question." Therefore, you are not obligated to disclose your pregnancy to your employer if you are already pregnant before your job interview or discover your pregnancy after accepting a position with a French company.
However, to avail yourself of the legal protections granted to pregnant women, you must inform your employer. As a pregnant employee, you have the right to a modified work environment and paid time off for medical appointments. You are also safeguarded against dismissal. To use your maternity leave, you are required to notify your employer in advance.
Canada
In Canada, the protection of individuals' rights is ensured by the Canadian Human Rights Act, which was established in 1977. This act guarantees that all individuals have the right to equal opportunities to create the lives they desire and to have their needs accommodated without facing discrimination based on various factors such as race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or pardoned convictions. Section 10 of the Charter of Human Rights and Freedoms specifically prohibits discrimination based on pregnancy, especially during job interviews.
Under this act, it is illegal for a Canadian employer to reject your employment or promotion due to your pregnancy. They are also prohibited from terminating your contract, demoting you, or denying "reasonable accommodation" based on your pregnancy (workplace adjustments). The act encourages Canadian employers to actively combat harassment and discrimination against pregnant employees.
Japan
In 2022, numerous cases came to light where foreign technical trainees were coerced into undergoing abortions or resigning from their positions by their employers. Unfortunately, this is not an isolated incident. Recognizing the severity of the situation, on April 10, a panel of experts comprising government officials, academics, and lawyers proposed abolishing the controversial Trainee Technical Training Program for foreign workers. However, it is important to note that harassment also extends to Japanese female employees overall.
It is common to hear Japanese companies discussing "pregnancy calendars," but these are not your typical calendars. In this context, the employers organize and dictate when their employees can become pregnant to ensure minimal disruption to the company, making spontaneous pregnancies strictly forbidden. Various rotation systems are implemented, such as becoming pregnant based on seniority or during designated vacation periods while avoiding pregnancy during or shortly after the hiring process. Offenders may face consequences. Discrimination against pregnant employees persists, even in childcare facilities. Japan has a scarcity of childcare facilities, many of which are run by staff members who experience chronic stress. Low wages, inadequate staffing, high turnover, pressure from superiors, and strict rules create an environment where getting pregnant is, paradoxically, seen as unfavorable news.
A well-known case is that of a nursery manager in 2021. When she informed the head administrator of the nursery of her pregnancy, he reacted with anger, deeming it irresponsible. He refused to accommodate her and forced her to work more than the contracted 40 hours per week. According to Japan's Labor Standards Act, employers are obligated to make adjustments for pregnant employees, limiting their working hours to a maximum of 40 hours per week. The law also prohibits termination of employment on the grounds of pregnancy. However, in reality, "matahara", or "harassment of pregnant women," remains prevalent in Japan despite legal protections.
Is working abroad and pregnancy a risky combination?
Although there are principles in place to protect pregnant employees, discrimination remains a widespread issue. Japan is a prime example of a work culture that still views pregnancy as incompatible with the business world, which is paradoxical considering the current demographic crisis. South Korea faces similar challenges. However, the extent to which your rights are ensured largely depends on your employer. If the company complies with the law, your rights may be safeguarded.
A concern at the government level
Even at the highest levels of government, pregnancy and work are perceived as a bad combination. The South Korean government, for instance, issued recommendations in 2019 suggesting that pregnant women ensure their partners are taken care of before giving birth. This involved preparing meals for the spouse and ensuring they have clean clothes until the mother's return from delivery. These guidelines, which urged pregnant women not to avoid causing any "inconvenience" to their families or society, sparked public outrage after being published in the media. In response, the Korean government acknowledged a communication error and removed the article in 2021.
Pregnant employees: What are the workplace risks?
Unfortunately, pregnant employees still find themselves in a position where they feel sorry for being pregnant. In France, employees even admit to feeling guilty about their pregnancy, especially those in higher professional and socio-economic categories. Executives, researchers, and managers, for example, often feel that their high positions or professional demands make it difficult to plan a pregnancy. In December 2022, a group of young female researchers shared their experiences with the French newspaper Le Monde. They described a highly competitive academic environment where pregnancy does not fit into any schedule. Many researchers postpone their plans for pregnancy or continue working even during their maternity leave. The French research sector, facing chronic funding issues, adds to the challenges. Job insecurity is a common concern for young researchers, and pregnant researchers face even greater uncertainties.
Employers resort to terms like "betrayal," "disloyalty," and "secrecy" to discriminate against pregnant employees. Many pregnant employees experience feelings of guilt despite being protected by the law. Unfortunately, not all companies respect these rights. Some dismiss pregnant employees just before the end of their trial period, while others demote them, force them to resign, or fail to renew their contracts upon their return from maternity leave.
How do you make sure your rights are respected?
Before taking up a job abroad, it is crucial to familiarize yourself with the employment laws and protections for pregnant employees in your host country. Is there systemic discrimination, or are there any improvements? Additionally, consider childcare, education, parental leave, and pay aspects. How accessible are childcare facilities? What is the duration of parental leave? Scandinavian countries are well-known for their advancements in protecting the rights of pregnant employees and providing generous parental leave. In Belgium, the gender pay gap is at an average of 5%, compared to around 18% in Germany and nearly 23% in Australia.
Assert your rights. Remember that you are not obligated to answer if you are asked about your pregnancy during a job interview. While most employers are aware of this, some may pretend otherwise. Observe their reaction when you turn the question around. When the time comes to announce your pregnancy (to take maternity leave or assert your rights), present it as a fact and a right rather than a problem. If your employer discriminates against you, keep all necessary evidence, such as emails or termination letters, to support your case in court. It is essential to gather as much information as possible about your host country and your rights, as the advice given here is a general guide.
Useful links:
France: rights of pregnant employees
Canada: rights of pregnant employees; Canadian Human Rights Commission
