By Gurus Human Resource Consultancy Group (GUHR)

Introduction

In modern workplaces, especially within time-bound and high-stakes projects, employers may face a dilemma: what happens when a probationary employee begins to underperform due to pregnancy-related health issues? In Liberia, this situation carries not just managerial implications—but legal and ethical ones as well.

This article offers a structured, law-informed, and compassionate HR response for navigating such complex circumstances in line with Liberia’s employment laws and international workplace standards.

1. Legal Foundation: The Decent Work Act of 2015

Section 9 – Non-Discrimination Based on Pregnancy

“An employer shall not terminate a worker or take disciplinary action against a worker because she is pregnant or based on any condition related to her pregnancy.”

• Applies even during probation.
• Covers direct and indirect actions, including poor performance linked to pregnancy symptoms.

Section 14 – Termination During Probation

• Permits termination only for lawful, nondiscriminatory reasons.
• Performance issues linked to pregnancy are not valid grounds.

2. Judicial Insight: Flomo v. LBDI (2018)

The Supreme Court of Liberia ruled:

“Any adverse employment action based on a woman’s pregnancy, whether during probation or full employment, is discriminatory and unconstitutional.”

This ruling affirms that no employer-public or private-can lawfully use pregnancy as a basis for termination.

3. HR Best Practice ResponseDo Not Terminate

Termination under these circumstances would:

• Violate the law
• Risk litigation or labor inspection
• Damage the employer’s brand

Reasonable Accommodations

• Discuss support options confidentially with the employee
• Offer adjusted duties, flexible schedules, or remote work
• Assign alternate duties where feasible

Maintain Operational Continuity

• Temporarily hire support staff or consultants
• Redistribute tasks among the team
• Use interns or contractors for short-term relief

Performance Support Plan

• Develop a non-punitive, time-bound plan
• Take pregnancy constraints into account
• Focus on support, not discipline

Documentation

• Keep accurate records, free from reference to pregnancy
• Maintain transparent and lawful communication

4. Leadership Briefing Strategy

When advising leadership, HR should:

• Cite Sections 9 and 14 of the Decent Work Act
• Refer to the Supreme Court precedent
• Highlight risks (legal, reputational, operational)
• Present ethical and practical alternatives

5. Role of Public Sector and CSA Policies

While the CSA Standing Orders do not explicitly mandate reference letters or address probation-related pregnancy cases, they emphasize fairness, inclusivity, and merit-based employment.

The Civil Service Agency is encouraged to develop clear, standardized reference and probation policies aligned with labor protections.6. Conclusion

Pregnancy must never be a reason for dismissal—legally, ethically, or professionally. HR leaders must lead by ensuring that even in high-stakes environments, people are treated with dignity, respect, and support.

By adopting a compassionate, compliant approach, organizations can mitigate legal risk, maintain productivity, and promote a truly inclusive workplace culture.