New legislation to eliminate discrimination based on pregnancy and family leave

Topics

• Labour law
• Legal assistance

Changes and clarifications have been made to the Equality Act, effective 1.10.2026. The aim of these changes is to prevent discrimination based on pregnancy and family leave in the workplace and, in particular, to clarify the prohibition against discrimination for employees in fixed-term employment relationships. The reform makes it easier for fixed-term employees to assess whether there is an acceptable reason behind the termination or non-renewal of their fixed-term employment contract, or whether the matter may involve discrimination based on pregnancy or family leave.

Non-Discrimination defined

The Equality Act prohibits discrimination on the grounds of, among other things, pregnancy and the taking of family leave. The law now also states more clearly than before that an employee may not be discriminated against on the basis of parenthood or family care responsibilities in any other way. At the same time, the Act explicitly states that the prohibition on discrimination also applies to fixed-term employment relationships.

These legal provisions have been in effect previously based on interpretive practice, but with the new provisions added to the Act, this is now directly evident from the wording of the law.

A fixed-term employee must be informed of the reason why the employment relationship will not continue

One of the most notable changes concerns fixed-term employees. If an employee in a fixed-term employment relationship has notified the employer of her pregnancy or has taken or notified the employer that she intends to take family leave during her employment, the employer must provide a written explanation of why the fixed-term contract is ending or why the employment relationship will not be continued. According to the legislative history, the employer must explain what has happened to the position and how the employer plans to handle the work going forward.

It is worth noting that the employee does not need to specifically request an explanation, and the obligation to provide an explanation is not affected by the fact that the reason for the fixed-term nature of the employment could be directly inferred from why the fixed-term period is not being extended. The employer must provide a written explanation without delay and no later than the end of the fixed-term employment relationship.

The obligation to provide an explanation applies to situations where an employee has notified the employer of or taken maternity and parental leave, childcare leave, temporary childcare leave, or family care leave. Absences due to compelling family reasons or to care for a family member or other close relative also fall under this obligation. However, if the employment relationship ends due to a one-time assignment, the employer is not required to provide an explanation.

In temporary agency work, the user company’s liability is expanded

If an employer acts in violation of the Equality Act and breaches the prohibition against discrimination, the employer may be ordered to pay compensation to the employee.

Going forward, the prohibition against discrimination will more clearly apply to companies that use temporary agency workers – that is, client companies – because liability for compensation may also extend to the client company. If a client company places an employee in a less favorable position due to pregnancy, parenting, or family care responsibilities – for example, by making decisions regarding the employee’s hiring, assignments, selection for training, continuation of employment, or terms of employment – a liability for compensation may arise.

As a general rule, you have two years to file a claim for compensation

The statute of limitations for claims for compensation under the Equality Act has been standardized. A claim for compensation must be filed within two years of the violation of the prohibition against discrimination. Previously, in hiring situations, the time limit was only one year. In addition, the statute of limitations will be suspended in the future if the matter is referred to the Equality and Non-Discrimination Board for consideration.

What should you keep in mind as an employee?

• Pregnancy or taking family leave must not adversely affect, for example, the continuation of an employee’s employment or the determination of their terms of employment.

• If you are in a fixed-term employment relationship that is coming to an end, and you have announced your pregnancy or your intention to take family leave during your employment, or have taken family leave, the employer must, in situations covered by the new law, provide you with a written explanation of why your employment is not being continued.
• If you suspect discrimination, contact the Legal Assistance.

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