When mums-to-be are not welcome at work
There is more help for women facing maternity discrimination at the workplace, but some prejudices remain
For expectant mothers, announcing their pregnancy is usually a happy occasion.
But this was not the case when a newly promoted Ms Y.H. Chia, 31, told her employer her second child was on the way in June last year.
The senior visual merchandiser, who sets up shop displays, events and roadshows as part of her job, was informed that the firm could not have a pregnant employee, who could not perform the physical aspects of that role, on the payroll.
This was despite the fact she had worked in the same role during her first pregnancy the previous year.
She was told to sign a contract accepting the temporary position of administrative assistant, for a monthly pay of $2,000 - $1,300 less than her original salary.
It was the last straw for Ms Chia, who had also experienced a hostile work environment during her first pregnancy, including being made to take two months of unpaid leave. She declined the new contract and resigned.
While it is unlawful to dismiss an employee on the grounds of pregnancy, cases of maternity discrimination persist.
Since 2014, the Association of Women for Action and Research (Aware) has received about one call a month seeking help for pregnancy-related discrimination, says Ms Shailey Hingorani, its head of advocacy and research.
Ms Sher-li Torrey, who founded social enterprise Mums@Work, says that since 2010, she has been approached by at least one woman a year, seeking help on maternity discrimination.
This comes even as the Ministry of Manpower (MOM) published new tripartite guidelines on April 1 on wrongful dismissal, making it clearer what constitutes discrimination. For instance, companies cannot dismiss an employee of three years who has informed the company of her pregnancy, without paying any maternity benefits and without any legitimate reason provided for the dismissal.
Maternity discrimination was more clear-cut in the past; some women were laid off immediately after returning from maternity leave. Now, it might be more subtle and nuanced, and more difficult to prove.
Ms Torrey recounts how one woman returned from maternity leave last year to find that her job function had changed entirely and that she was now required to travel every week. In other cases, new mothers were transferred to different departments where they were required to work overtime.
"It's a more subtle form of discrimination. It's very smart of the companies because even if you go to MOM, they have not done anything wrong," says Ms Torrey.
Although most companies are careful not to cross the line, widespread prejudices remain.
Associate Professor Dennis Ong, who teaches Employment Law at Nanyang Technological University (NTU), says: "Taking leave or time off for a medical consultation or examination during pregnancy is often seen by the employer as disruptive, inconvenient and annoying. Apart from the displacement of the workforce and business operations, there is an implication of higher business costs."
Human resources (HR) practitioners say some managers hesitate to hire new mothers or those looking to start a family. Some managers even ask them to filter out these candidates.
Associate Professor Steven Ang, who also teaches Employment Law at NTU, says: "In this regard, the protection that the Employment Act offers pregnant employees backfires because the employer who is already of this mindset may want to avoid all that 'trouble' by not hiring someone who is a prospective mother."
One solution, he says, is to introduce wider anti-discrimination protection in the law for women. This could include protection against unequal hiring practices, such as shunning women candidates who may be looking to start families, and discriminatory conditions and treatment at work.
Last month, Aware began piloting an integrated service that walks women through what to expect during mediation of employment disputes. It plans to launch the service in August.
Ms Hingorani says: "When people call us, sometimes they are not sure what their rights are or whether what is being done to them constitutes discrimination."
Jean (name changed to protect her identity) was similarly perplexed when her boss began treating her differently after she announced she was pregnant in 2015.
The 33-year-old, who worked in a communications role, was sent out to take photos, videos and write about events about three times a week during her last trimester. Such assignments rarely happened before her pregnancy announcement. She was also made to do physical work such as packing magazines and moving boxes.
Jean was told during a performance appraisal that she would be let go if her work did not improve. In close to two years of working with the employer, it was the first time she had been told her performance was below average.
Stressed about losing her job, she lost sleep and often cried.
Two weeks before her expected delivery date, her baby stopped moving. An ultrasound confirmed that there was no heartbeat. A doctor performed the Caesarean section on the same day.
"One day you deliver and the next day, you just have to say goodbye," recounts Jean.
Although the cause of the baby's death could not be determined, she believes that her mental and emotional state had a negative effect on her pregnancy. She did not make a complaint to MOM as she did not know if she had legitimate grounds.
Jean, whose previous employer ultimately suggested that she resign as she might be mentally unstable after losing her baby, left the company in 2016.
She now works for a local company and has two daughters, aged two years and two months.
But HR experts say such errant employers are in the minority.
Ms Chew Lee Ching, vice-president of the Association of Small and Medium Enterprises (SMEs), believes that most SMEs are supportive of pregnant employees.
However, manpower is a challenge as most of these firms are leanly staffed. "A lot of attention is focused on how to keep the business growing. Bosses also have to ensure their people are well looked after. Given the limited resources, you do the best you can," says Ms Chew, who is also managing director of marketing communications firm, Mandate Communications.
Mothers-to-be have a role to play too. Ms Low Peck Kem, president of the Singapore Human Resources Institute, says: "Expectant mothers should have an early discussion with employers about their work schedule, so that employers can plan ahead. This will help employer and employee better manage the key milestones of the pregnancy."
The reality is less rosy for Ms Chia. Her case is currently being investigated by MOM and she is looking for a new job. But recruiters do not call her back when they learn that she has two children, aged 18 months and two months.
She says: "The Government is always telling us to have more children, but it doesn't realise that not all firms are supportive of it."