Can a High-Risk Pregnant Employee Be Terminated? Maternity Protection and Security of Tenure in the Philippines

Introduction

In the Philippines, the intersection of labor rights, maternity protection, and security of tenure forms a critical area of employment law, particularly for high-risk pregnant employees. High-risk pregnancies involve medical conditions that pose threats to the mother, the fetus, or both, such as preeclampsia, gestational diabetes, or preterm labor risks, often requiring extended rest, medical leave, or reduced work hours. The question of whether such employees can be terminated hinges on constitutional mandates, statutory provisions, and jurisprudence that prioritize the welfare of women workers. This article explores the legal protections afforded to pregnant employees, the prohibitions against dismissal based on pregnancy, the concept of security of tenure, and the implications for high-risk cases, drawing from the Philippine Labor Code, expanded maternity laws, and related regulations.

Constitutional and Statutory Foundations

The 1987 Philippine Constitution provides the bedrock for maternity protections. Article XIII, Section 14 emphasizes the State's duty to protect working women by providing safe and healthful working conditions, taking into account their maternal functions. This constitutional imperative is operationalized through various laws that safeguard pregnant employees from discriminatory practices, including termination.

The primary labor legislation is Presidential Decree No. 442, as amended, known as the Labor Code of the Philippines. Article 135 (formerly Article 137) explicitly prohibits employers from discriminating against women on account of marriage or pregnancy. Specifically, it is unlawful to discharge a woman employee solely because of her pregnancy or to require her to resign due to her condition. This provision extends to high-risk pregnancies, where the employee's health vulnerabilities are heightened.

Complementing the Labor Code is Republic Act No. 11210, the 105-Day Expanded Maternity Leave Law, enacted in 2019. This law grants female workers in the government and private sectors 105 days of paid maternity leave for live births, with an additional 15 days for solo mothers, and 60 days for miscarriages or emergency terminations. For high-risk pregnancies, the law allows for the allocation of up to 30 days of maternity leave before the expected delivery date upon medical certification. Importantly, during this leave period, the employee retains her employment status, and termination is barred unless for just or authorized causes unrelated to pregnancy.

Republic Act No. 9710, the Magna Carta of Women, further reinforces these protections by mandating non-discrimination in employment based on sex, including pregnancy. It requires employers to provide reasonable accommodations, such as flexible work arrangements or temporary reassignment to less strenuous tasks, especially for high-risk cases. Department of Labor and Employment (DOLE) Department Order No. 178-17 provides guidelines on implementing these accommodations, emphasizing ergonomic adjustments and health monitoring.

Security of Tenure: A Core Labor Right

Security of tenure, enshrined in Article 294 (formerly Article 279) of the Labor Code, guarantees that regular employees cannot be dismissed except for just causes (e.g., serious misconduct, willful disobedience, or fraud) or authorized causes (e.g., redundancy, retrenchment, or closure), and only after due process. For probationary employees, termination must be for failure to meet standards or just causes.

In the context of pregnancy, security of tenure is amplified. Jurisprudence consistently holds that pregnancy cannot be a ground for termination, as it would violate anti-discrimination laws. High-risk pregnancies add another layer: any dismissal that appears linked to the employee's medical needs—such as frequent absences for prenatal care or bed rest—could be deemed illegal if not justified by non-pregnancy-related causes.

For instance, if an employee with a high-risk pregnancy is absent due to doctor's orders, these absences are typically considered excused under maternity protections. Employers must grant sick leave or maternity leave without penalizing the employee. The Supreme Court has ruled in cases like Saudi Arabian Airlines v. Rebesencio (G.R. No. 198587, 2015) that dismissing pregnant employees, even if framed as redundancy, is unlawful if motivated by pregnancy. Similarly, in Lakpue Drug Inc. v. Labasan (G.R. No. 195642, 2014), the Court invalidated a termination where the employer cited poor performance but evidence showed it was due to pregnancy-related leaves.

Specific Protections for High-Risk Pregnancies

High-risk pregnancies often necessitate medical interventions that impact work attendance and performance. Under DOLE regulations, employers are required to accommodate such employees by:

Allowing paid or unpaid leaves beyond standard maternity benefits if certified by a physician.
Providing hazard-free work environments, as per Occupational Safety and Health Standards (Republic Act No. 11058).
Refraining from assigning night shifts or overtime to pregnant women in their third trimester, with extensions for high-risk cases.

The Expanded Maternity Leave Law explicitly covers complications arising from pregnancy, ensuring that high-risk employees are not forced to choose between their health and job security. If a high-risk condition leads to disability, the employee may qualify for additional benefits under the Employees' Compensation Program (Presidential Decree No. 626), which provides for medical and wage loss compensation without affecting tenure.

Termination during a high-risk pregnancy is permissible only if:

It is for a just cause, such as gross negligence unrelated to the pregnancy.
Due process is observed, including written notice, opportunity to explain, and a hearing.
The cause is proven by substantial evidence, and not a pretext for discrimination.

Even in authorized causes like retrenchment, pregnant employees enjoy preferential retention if equally qualified, as per DOLE guidelines on fair selection criteria.

Prohibited Practices and Employer Liabilities

Employers who terminate high-risk pregnant employees in violation of these laws face severe penalties. Under the Labor Code, illegal dismissal entitles the employee to reinstatement without loss of seniority, full backwages, and damages. The Expanded Maternity Leave Law imposes fines ranging from PHP 20,000 to PHP 200,000 per violation, plus possible imprisonment.

Common prohibited practices include:

Constructive dismissal, such as demoting or harassing the employee to force resignation.
Refusing to reinstate after maternity leave.
Denying benefits or accommodations for high-risk conditions.

DOLE regional offices handle complaints, with appeals possible to the National Labor Relations Commission (NLRC) and ultimately the Supreme Court. In Del Monte Philippines v. Velasco (G.R. No. 153477, 2006), the Court awarded moral and exemplary damages for a pregnancy-based dismissal, underscoring the punitive aspect.

Remedies and Enforcement Mechanisms

Aggrieved employees can file illegal dismissal cases with DOLE or NLRC within applicable prescription periods (typically four years for money claims). Remedies include:

Reinstatement or separation pay if reinstatement is infeasible.
Backwages computed from dismissal to reinstatement.
Maternity benefits, even if dismissed, as these are vested rights under Social Security System (SSS) laws (Republic Act No. 11199).

For high-risk cases, medical evidence from obstetricians is crucial to establish the pregnancy's status and its impact on work. Labor arbiters often require employers to prove that termination was not discriminatory.

Challenges and Emerging Issues

Despite robust legal frameworks, challenges persist, such as enforcement in informal sectors or small enterprises. The COVID-19 pandemic highlighted vulnerabilities for high-risk pregnant workers in essential industries, prompting DOLE advisories on remote work accommodations.

Emerging issues include the integration of reproductive health rights under Republic Act No. 10354 (Responsible Parenthood and Reproductive Health Act), which supports access to maternal care without employment repercussions. Additionally, gender-sensitive policies in collective bargaining agreements can enhance protections.

Conclusion

In the Philippine legal landscape, high-risk pregnant employees enjoy comprehensive safeguards against termination, rooted in constitutional rights, the Labor Code, and specialized maternity laws. Security of tenure ensures that pregnancy, including high-risk scenarios, cannot justify dismissal, with employers obligated to provide accommodations and benefits. Violations lead to reinstatement, compensation, and penalties, reinforcing the State's commitment to maternal welfare. Employers must navigate these rules carefully, prioritizing health and equity, while employees should document medical needs and seek prompt legal recourse if rights are infringed. This framework not only protects individual workers but also promotes a just and humane society.