Attendance at DOLE Hearings During Pregnancy (Philippine Legal Primer — Updated 19 June 2025)

1. Why This Matters

A pregnant employee may find herself summoned to a DOLE Single-Entry Approach (SEnA) conference, a Regional Arbitration Branch (RAB) mandatory conference, or a National Labor Relations Commission (NLRC) hearing—either because she filed a complaint or her employer did. The summons is legally binding, yet pregnancy is a medically delicate condition protected by several statutes. This primer explains how to satisfy the legal duty to appear while asserting maternal health, safety, and anti-discrimination rights.

2. Sources of Law & Policy

Instrument	Key Provisions for Pregnant Workers at Hearings
Labor Code of the Philippines (PD 442)	Art. 227 empowers the NLRC/Arbiters to summon parties; Art. 133–135 prohibit discrimination by reason of sex or pregnancy; Art. 118 bars retaliation for asserting labor rights.
RA 11210 (Expanded Maternity Leave Act, 2019)	Grants 105 days fully paid maternity leave + 30 days extension; dismissal or demotion for pregnancy or maternity-related absences is illegal.
RA 9710 (Magna Carta of Women)	Sec. 16–17 demand “reasonable accommodation” for pregnant women in all government proceedings; state agencies must uphold women’s health and safety.
RA 11058 & DOLE Dept. Order 198-18 (Occupational Safety and Health Law, 2018)	Require employers and government offices to identify pregnancy as a “specific risk” and adjust physical set-ups (seating, ventilation, queue priority).
SEnA Rules of Procedure (DO 107-10, as amended)	Allow e-SEnA conference upon party request; conciliators may reset conference “for justifiable cause” such as medical incapacity.
NLRC Rules of Procedure (2022 Edition)	Rule IV §3 lets parties move to postpone a conference “for meritorious grounds” verified by affidavit or medical certificate; Rule IV §4 allows appearance through counsel or duly authorized representative.
NLRC En Banc Resolutions 03-20 & 10-22	Institutionalize online hearings/conciliation via videoconference—priority given to pregnant, elderly, or immuno-compromised parties.

3. Are You Legally Required to Show Up in Person?

Yes, in principle. A subpoena or notice from DOLE/NLRC compels personal appearance unless you avail of one of the procedural off-ramps that the same rules allow:

Representation. Grant a Special Power of Attorney (SPA) or simply authorize counsel; arbitration branches routinely accept it.
Motion to Postpone. File at least 24 hours before the schedule, attach a medical certificate indicating that travel or prolonged sitting is inadvisable during pregnancy.
Request for Online Hearing. Invoke NLRC E-Hearing Guidelines or SEnA e-conference; the request may be verbal (confirmed in minutes) or written.
Home or Hospital Bed Rest. If your doctor prescribes strict bed rest, submit the certificate; the Labor Arbiter can either (a) suspend proceedings until medical clearance, or (b) proceed on the pleadings with your representative.

4. Health & Safety Accommodations at Physical Hearings

Risk Factor	Required Accommodation (per OSH Law, Magna Carta, & DOLE circulars)
Crowded waiting rooms	Priority seating, fast-tracking on the docket, separate holding area.
Long queues	Pregnant women must be queued separately or allowed advance entry; “first to be heard” rule in many RABs.
Heat or poor ventilation	Hearings should be in air-conditioned or well-ventilated rooms; pregnant party may request transfer or short recess.
Prolonged standing/sitting	Mandatory breaks every hour; water and restroom access.
COVID-19 or other infectious outbreaks	Option for hybrid or fully online appearance without prejudice to substantive rights.

5. Interaction With Maternity Leave

Within the 105-Day Paid Leave:
- The leave covers absence from work, not court or quasi-judicial attendance.
- Best practice: Authorize counsel or move to reset; DOLE/NLRC tends to grant postponements filed during statutory maternity leave.
30-Day Unpaid Extension:
- Same procedural rights; be mindful that costs of travel or lost income are no longer compensated, so remote appearance is practical.
Risk of Waiver:
- Failure to appear without valid motion can lead to dismissal of your complaint (if you are the complainant) or ex-parte proceedings (if respondent). A doctor-supported motion preserves your standing.

6. Employer Obligations Toward the Pregnant Employee–Litigant

Obligation	Statutory Basis	Notes
Paid time off to attend lawful summons	Labor Code Art. 95 (service incentive leave) & jurisprudence treating attendance as a legal duty analogous to jury duty	Many employers treat hearing time as paid; negotiate if necessary—deduct from SIL or apply company “special leave.”
Non-retaliation	Labor Code Art. 118; RA 11210 §12	Any adverse action (transfer, demotion, dismissal) for invoking accommodation is illegal discrimination.
Transportation or fare allowance (high-risk pregnancy)	Good-faith employer duty of care under OSH Law	Not compulsory but may be granted to avoid “unsafe commute” claim.

7. Step-by-Step: Asserting Your Rights

Obtain Medical Certification
- State gestational age, risk factors, doctor’s advice on travel/standing.
Draft Motion (or Letter) for:
- Postponement, Online Appearance, or Representation.
- Cite Magna Carta of Women and NLRC Rules IV §3-4 (or SEnA §6).
File & Serve
- Electronically (if enabled by the RAB) or personally at least one day before schedule; furnish the other party.
Bring Proof on Hearing Day
- If motion is pending, your representative or counsel should attend to receive the order.
Follow-Up
- Check the docket or email for re-setting notice; failure to monitor is not excused.

8. Special Scenarios & Practical Advice

Scenario	Recommended Action
High-risk pregnancy (placenta previa, pre-eclampsia)	Ask your OB-Gyne for a detailed risk letter; NLRC often grants indefinite suspension or allows written position papers in lieu of appearance.
SEnA Conference Only	Because SEnA aims for conciliation, conciliators readily agree to e-SEnA via Zoom or phone; no formal motion sometimes needed—just email the desk.
Employer files baseless counter-suit to pressure you	Raise retaliatory harassment under Art. 118; ask for dismissal; you can still appear through counsel while on prenatal check-ups.
You are already on strict bed rest but worry about prescription period	Filing the complaint or position paper interrupts prescription; the case may proceed ex parte until you are fit to testify.

9. Frequently Asked Questions

Q	A
Can I simply ignore the summons because I’m pregnant?	No. You must seek postponement or representation; ignoring may waive your claims or defenses.
Will attending a hearing cut my maternity leave?	No; the leave is not waived by a single appearance, but keep travel light and secure employer clearance.
Is videoconference now a right?	It is discretionary but strongly favored for pregnant workers under NLRC e-hearing policy; well-supported requests are seldom denied.
What if the employer insists I must attend in person?	Employer is not the decision-maker; file your motion, copy the employer—failure to accommodate can itself be evidence of discrimination.
Are travel costs reimbursable?	Generally no, unless previously agreed or ordered as interim relief; you may claim them as actual damages if employer’s unlawful act forced multiple trips.

10. Key Take-Aways

Pregnancy does not excuse ignoring a DOLE/NLRC summons, but the rules give broad leeway—representation, postponement, or online hearings.
Medical evidence and timely motions are critical; verbal excuses on the day itself rarely work.
Employers may not penalize or discriminate against a pregnant employee for exercising these rights.
Government adjudicators are bound by the Magna Carta of Women to provide reasonable accommodation; insist—politely but firmly—on this statutory protection.
Always coordinate with legal counsel early; safeguard both your health and your legal standing.

This article provides general legal information only. For situation-specific advice, consult a lawyer or DOLE/NLRC accredited representative.