I. Introduction

Pregnancy does not make an employee immune from workplace rules. A pregnant employee may still be required to comply with reasonable attendance, punctuality, reporting, documentation, and performance standards. However, Philippine labor law gives special protection to women employees, especially pregnant employees, against discrimination, dismissal, non-renewal, demotion, or other adverse employment action because of pregnancy, childbirth, miscarriage, or related medical conditions.

The central issue is this:

Can an employer lawfully refuse to renew a pregnant employee’s contract because of absences and tardiness?

The legally cautious answer is:

Yes, but only if the non-renewal is truly based on legitimate, documented, consistently applied, and non-discriminatory attendance or performance grounds — and not because of the employee’s pregnancy, pregnancy-related condition, maternity leave, miscarriage, or childbirth.

If pregnancy is the real reason, a substantial reason, or a disguised reason for non-renewal, the employer may be exposed to liability for illegal dismissal, constructive dismissal, discrimination, unfair labor practice in certain settings, violation of maternity protection laws, damages, attorney’s fees, administrative penalties, or other consequences.

The legality depends heavily on facts: the employee’s status, the nature of the contract, the timing of the non-renewal, the employer’s past practice, the documentation of absences and tardiness, whether pregnancy-related absences were treated fairly, whether notices were given, and whether similarly situated non-pregnant employees were treated the same way.

II. Key Philippine Legal Principles

1. Security of Tenure

Under Philippine labor law, employees enjoy security of tenure. This means an employee may not be dismissed except for a just cause or an authorized cause, and only after observance of due process.

Security of tenure applies most strongly to regular employees, but it can also become relevant to employees labeled as fixed-term, probationary, project-based, seasonal, or casual if the label is used to defeat labor rights.

The employer cannot avoid labor law by simply calling the end of employment a “non-renewal” if, in substance, the employee had become regular, was repeatedly renewed, performed work necessary or desirable to the business, or had a reasonable expectation of continued employment.

2. Pregnancy Discrimination Is Prohibited

Philippine law protects women against discrimination in employment. A pregnant employee cannot be dismissed, refused continued employment, deprived of benefits, demoted, harassed, or otherwise penalized because she is pregnant or because she exercises maternity-related rights.

An employer may not use neutral-sounding reasons such as “attendance issues,” “poor performance,” “lack of commitment,” “unreliability,” or “business discretion” if the real reason is pregnancy.

A non-renewal may be unlawful if it is motivated by:

pregnancy;
childbirth;
miscarriage or emergency termination of pregnancy;
maternity leave;
pregnancy-related medical appointments;
pregnancy-related complications;
breastfeeding or lactation needs;
the employer’s belief that the employee will become less productive because she is pregnant;
resentment over maternity benefits or leave entitlement;
fear of additional costs or inconvenience.

3. Maternity Leave Rights

Under the Expanded Maternity Leave Law, a qualified female worker is entitled to maternity leave benefits regardless of civil status or legitimacy of the child. The law strengthened maternity protection in the Philippines and applies to women workers in both public and private sectors, subject to the rules applicable to each sector.

For private-sector employees, maternity leave generally includes:

105 days of paid maternity leave for live childbirth;
additional leave benefits in certain circumstances;
60 days of paid leave for miscarriage or emergency termination of pregnancy;
the possibility of allocation of a portion of maternity leave to the child’s father or qualified alternate caregiver, subject to legal requirements.

An employer may not refuse continued employment, punish, or non-renew an employee merely because she avails of maternity leave or is about to avail of maternity leave.

III. Employee Status Matters

Whether non-renewal is lawful depends first on the employee’s employment classification.

A. Regular Employee

If the pregnant employee is a regular employee, the employer generally cannot simply “non-renew” her employment. Regular employment has no fixed expiry date in the ordinary sense. Termination must be based on just or authorized cause and must follow procedural due process.

For a regular employee, repeated absences and tardiness may potentially justify discipline or dismissal if they amount to:

gross and habitual neglect of duties;
serious misconduct, depending on circumstances;
willful disobedience of lawful and reasonable rules;
loss of trust and confidence, in limited positions and with strict proof;
analogous causes.

However, the employer must prove that the absences and tardiness were sufficiently serious, habitual, documented, unjustified, and unrelated to protected pregnancy or maternity rights.

A regular employee cannot be terminated merely because pregnancy makes attendance temporarily difficult.

B. Probationary Employee

A pregnant probationary employee may be separated at the end of probation if she fails to meet reasonable standards made known to her at the time of engagement. However, pregnancy cannot be the reason for separation.

For probationary employment, the employer must show:

the standards for regularization were communicated at the start;
the standards were reasonable;
the employee failed to meet those standards;
the evaluation was made in good faith;
the decision was not motivated by pregnancy;
similarly situated employees were treated consistently.

If the employer uses absences or tardiness as the basis, it should distinguish between:

unjustified absences or tardiness;
absences covered by approved leave;
pregnancy-related medical absences properly reported or documented;
legally protected maternity leave or pregnancy-related leave.

A probationary employee cannot be denied regularization simply because she became pregnant during probation.

C. Fixed-Term Employee

A fixed-term employee’s contract may expire on its stated end date. In principle, an employer is not required to renew a legitimate fixed-term contract. However, fixed-term arrangements are closely examined in Philippine labor law.

A non-renewal may be lawful if:

the fixed term was knowingly and voluntarily agreed upon;
the term was not imposed to avoid regularization;
the work was truly for a fixed period or legitimate business reason;
the contract naturally expired;
there was no promise or reasonable expectation of renewal;
pregnancy was not the reason for non-renewal.

A non-renewal may be unlawful if:

the employee was repeatedly renewed for work necessary or desirable to the employer’s business;
the fixed-term label was used to prevent regularization;
non-renewal occurred shortly after the employer learned of pregnancy;
the employer previously renewed employees with similar attendance records but did not renew the pregnant employee;
the employer made comments linking the decision to pregnancy, maternity leave, or expected absences;
the employee had effectively become regular.

In many disputes, the employer’s use of fixed-term contracts is scrutinized. A contract ending on paper does not automatically defeat a claim if the arrangement is a disguised regular employment relationship.

D. Project-Based Employee

A project employee may be separated upon completion of the project or phase for which she was hired. But pregnancy cannot be used as a reason to end the project engagement early or to exclude the employee from future project opportunities if the employer’s practice normally allows continuation or redeployment.

The employer should show:

the specific project was identified at hiring;
the duration or scope was made known;
the project or phase actually ended;
the separation was due to project completion, not pregnancy;
required reports or notices were made if applicable.

If the employee continues doing the same work across projects, or the project label is artificial, she may be deemed regular.

E. Casual or Seasonal Employee

Casual or seasonal employees may have different rules depending on the nature and continuity of work. Still, pregnancy discrimination remains prohibited. If the employer regularly recalls non-pregnant seasonal employees but refuses to recall a pregnant employee because of expected maternity leave or pregnancy-related absence, that may be discriminatory.

IV. Absences and Tardiness as Grounds for Non-Renewal

Absences and tardiness can be legitimate employment concerns. An employer may enforce attendance rules, especially where punctuality is essential to operations, safety, customer service, production, deadlines, staffing, or shift coverage.

However, in the case of a pregnant employee, the employer must be able to show that the absences and tardiness were not legally protected, medically justified, approved, excused, or treated differently because of pregnancy.

A. When Absences and Tardiness May Support Non-Renewal

Non-renewal may be defensible when the employer can prove that:

there were clear attendance and punctuality rules;
the rules were communicated to employees;
violations were recorded accurately;
the employee was informed of the violations;
the employee was given a chance to explain;
the employer considered explanations and medical documentation;
the absences or tardiness were excessive, recurring, unjustified, or disruptive;
comparable employees were treated similarly;
the employee was not on protected maternity leave;
pregnancy was not considered negatively;
the timing does not suggest retaliation or discrimination;
the decision was made based on documented employment grounds.

For example, if an employee had chronic unexcused tardiness before pregnancy, ignored repeated written warnings, failed to submit required documentation, and was treated the same as non-pregnant employees, non-renewal may be more defensible.

B. When Absences and Tardiness Cannot Justify Non-Renewal

Absences and tardiness become legally risky grounds when they are connected to protected pregnancy-related circumstances.

The employer should not count against the employee, in a discriminatory way, absences or tardiness due to:

prenatal checkups;
pregnancy-related complications;
doctor-advised rest;
hospitalization;
miscarriage;
emergency termination of pregnancy;
maternity leave;
recovery from childbirth;
legally protected leave;
approved leave;
properly reported medical conditions;
lactation-related needs, where applicable.

This does not mean every pregnancy-related absence is automatically unlimited or immune from documentation rules. The employer may require reasonable reporting and documentation, but it must not use pregnancy-related medical needs as a pretext for adverse action.

V. The Problem of Timing

Timing is often one of the strongest indicators of unlawful discrimination.

A non-renewal becomes suspicious when it happens soon after:

the employee announces pregnancy;
the employee requests maternity leave;
the employee submits a medical certificate;
the employee asks for schedule accommodation;
the employee suffers pregnancy complications;
the employer learns of an expected delivery date;
the employee asks about SSS maternity benefits;
the employee returns from maternity leave.

Timing alone may not prove illegality, but it can support an inference of discrimination if the employer’s explanation is weak, inconsistent, undocumented, or different from past practice.

For example:

If the employee had always been renewed despite similar attendance issues, but was suddenly non-renewed after becoming pregnant, the employer faces risk.
If the employer tolerated absences of non-pregnant employees but penalized pregnancy-related absences, the decision may be discriminatory.
If the employer began documenting minor tardiness only after learning of pregnancy, the documentation may be questioned.
If the employer stated that “she will be absent anyway because she is pregnant,” that strongly suggests illegal motive.

VI. The Difference Between “No Renewal” and Illegal Dismissal

Employers often believe that when a contract expires, there is no dismissal. That is not always true.

A non-renewal may be treated as illegal dismissal if:

the employee was actually regular;
the fixed-term contract was invalid;
the employee had been continuously rehired to perform necessary or desirable work;
the non-renewal was discriminatory;
the employer used expiration as a device to avoid maternity benefits or regularization;
the employer had no genuine fixed-term basis;
the employee was dismissed before the contract ended without valid cause;
the employee was made to sign short-term contracts repeatedly to defeat security of tenure.

The labor tribunals will look at the substance of the relationship, not merely the wording of the contract.

VII. Pregnancy Is Not a License for Habitual Unexcused Absence

The law protects pregnant employees, but it does not authorize abandonment of work, refusal to comply with reporting procedures, or habitual unexcused absences unrelated to pregnancy or medical necessity.

A pregnant employee still has duties to:

notify the employer of absences when practicable;
comply with reasonable attendance policies;
submit medical certificates when required and reasonable;
apply for leave properly;
coordinate maternity leave;
avoid unjustified absence without leave;
report to work when medically fit and scheduled;
avoid falsification or abuse of leave.

If an employee is repeatedly absent without notice, refuses to explain, fails to provide documentation, or is tardy for reasons unrelated to pregnancy despite repeated warnings, the employer may impose discipline.

Still, the employer must be careful. The disciplinary process must be fair, documented, proportionate, and non-discriminatory.

VIII. Due Process Requirements

A. For Termination Based on Just Cause

If the employee is regular, or if the employer is effectively terminating before the end of a contract, due process requires the familiar two-notice rule:

First notice: written notice specifying the grounds or charges and giving the employee an opportunity to explain.
Opportunity to be heard: the employee must be allowed to respond, submit evidence, and be heard, usually through a written explanation or administrative hearing.
Second notice: written notice of the employer’s decision after considering the employee’s explanation.

The employer must prove both substantive and procedural validity.

For attendance-related grounds, documentation may include:

attendance records;
time logs;
notices to explain;
written warnings;
leave records;
medical certificates submitted;
company attendance policy;
proof that the policy was communicated;
records of similar cases involving other employees;
operational impact of the absences;
evaluation records.

B. For Non-Renewal of a Legitimate Fixed-Term Contract

If the fixed-term contract is valid and naturally expires, the employer may not need the same termination process because the employment ends by expiration of the agreed term.

However, to reduce risk, the employer should still document that:

the contract had a definite end date;
the contract was legitimate;
the employee knew and accepted the fixed term;
non-renewal was not due to pregnancy;
the role or need ended, or renewal was not warranted based on legitimate criteria;
the criteria were applied consistently.

If the non-renewal is based on alleged misconduct, attendance violations, or performance deficiencies, the employer should give the employee a meaningful chance to respond, especially where the decision could damage employment rights or reputation.

IX. Absences Covered by Maternity Leave

Absence during maternity leave should not be treated as misconduct, neglect, abandonment, or attendance violation.

A pregnant employee who properly avails of maternity leave is not “absent without leave.” She is exercising a statutory right.

The employer cannot lawfully say:

“We did not renew her because she will be on maternity leave.”
“Her pregnancy will affect operations.”
“She will be unavailable for too long.”
“We need someone who will not take maternity leave.”
“She is unreliable because she is pregnant.”
“We cannot carry the burden of her maternity benefits.”

These statements are legally dangerous and may show discriminatory intent.

X. Miscarriage, Emergency Termination of Pregnancy, and Pregnancy Complications

Philippine maternity protection includes leave for miscarriage and emergency termination of pregnancy. Employers must treat such circumstances with care.

Absences arising from miscarriage, emergency termination, hospitalization, or serious pregnancy complications should not be treated like ordinary unexcused absence when properly reported and documented.

An employer that non-renews an employee shortly after miscarriage or pregnancy complication may face serious scrutiny, especially if it failed to consider medical documents or refused leave rights.

XI. SSS Maternity Benefits and Employer Obligations

In the private sector, maternity benefits often involve the Social Security System. Employers have obligations relating to SSS reporting, contributions, certification, and benefit processing.

An employer should not non-renew an employee to avoid:

maternity benefit processing;
salary differential obligations, where applicable;
staffing inconvenience;
administrative work;
replacement costs;
leave coverage.

Avoiding maternity-related obligations is not a valid business reason.

If the employer failed to remit SSS contributions properly, additional issues may arise. The employee may have separate claims or complaints involving benefit entitlement, employer contribution compliance, or damages caused by non-remittance.

XII. Constructive Dismissal and Pressure to Resign

A pregnant employee may also be unlawfully constructively dismissed even without formal termination or non-renewal.

Constructive dismissal may occur when the employer makes continued employment unreasonable, hostile, humiliating, or impossible, such as by:

pressuring the employee to resign because of pregnancy;
reducing hours or workload discriminatorily;
demoting her after pregnancy disclosure;
removing her from the schedule;
transferring her to an unreasonable assignment;
withholding work opportunities;
refusing reasonable leave processing;
harassing her about pregnancy-related absences;
threatening non-renewal if she takes maternity leave;
telling her to “rest permanently” or “just focus on the baby”;
requiring her to sign a resignation or quitclaim under pressure.

A resignation obtained through intimidation, discrimination, or economic coercion may be challenged.

XIII. Employer’s Management Prerogative

Employers have management prerogative to hire, assign, discipline, evaluate, and decide whether to renew legitimate contracts. But management prerogative is not absolute.

It must be exercised:

in good faith;
for legitimate business reasons;
without discrimination;
without violating labor standards;
consistently;
with due process where required;
without defeating security of tenure;
without punishing statutory leave.

The phrase “management prerogative” does not protect a decision tainted by pregnancy discrimination.

XIV. Legitimate Non-Renewal Scenarios

A pregnant employee may be lawfully non-renewed in certain situations.

1. Genuine Expiration of a Valid Fixed-Term Contract

If the contract was genuinely fixed-term, voluntarily agreed upon, not used to defeat regularization, and naturally expired, non-renewal may be valid.

Example: A company hires an employee for a six-month externally funded project. The project ends. All similarly situated employees are released. The employee happens to be pregnant, but pregnancy played no role.

2. Documented, Serious, Non-Pregnancy-Related Attendance Problems

If the employee had repeated unexcused absences and tardiness unrelated to pregnancy, was warned, failed to improve, and was evaluated under the same standards as everyone else, non-renewal may be valid.

Example: Before any pregnancy disclosure, the employee had months of late arrivals, absences without notice, written warnings, and failed performance reviews.

3. Failure to Meet Probationary Standards

A probationary employee may be separated for failure to meet reasonable standards made known at hiring, provided pregnancy was not the reason.

Example: A probationary employee in a time-sensitive operations role repeatedly fails attendance requirements, does not comply with reporting rules, and does not submit medical documentation. Other probationary employees with similar records were also not regularized.

4. Closure, Redundancy, or Business Reason Affecting Employees Generally

If the employer has a legitimate authorized cause such as closure, redundancy, retrenchment, or completion of project, and the pregnant employee is affected under fair and objective criteria, the action may be valid.

However, statutory procedures and separation pay rules may apply depending on the authorized cause.

XV. High-Risk or Unlawful Non-Renewal Scenarios

The following situations are legally risky and may support a claim by the employee.

1. Non-Renewal After Pregnancy Disclosure

The employee was repeatedly renewed before, then suddenly not renewed after announcing pregnancy.

2. Counting Maternity Leave as Absence

The employer treats maternity leave as an attendance violation.

3. Penalizing Prenatal Care or Medical Complications

The employer refuses to consider medical certificates for pregnancy-related absences.

4. Unequal Enforcement

Non-pregnant employees with similar or worse attendance records are renewed, but the pregnant employee is not.

5. Discriminatory Remarks

Supervisors say the employee will be “unreliable,” “a burden,” “always absent,” or “not worth renewing” because she is pregnant.

6. Avoidance of Benefits

The employer non-renews shortly before maternity leave to avoid paying or processing benefits.

7. Fixed-Term Contract Abuse

The employee has been continuously renewed for necessary work and is treated as disposable only when pregnancy arises.

8. Forced Resignation

The employee is told to resign because the company cannot accommodate pregnancy or maternity leave.

XVI. Evidence That Matters

A. Evidence Favorable to the Employee

A pregnant employee challenging non-renewal may rely on:

employment contract;
renewal history;
payslips;
attendance records;
timekeeping logs;
leave applications;
medical certificates;
pregnancy notification;
maternity leave request;
messages from supervisors;
emails or chat logs;
witness statements;
company policy;
records showing other employees were treated differently;
proof that work continued after non-renewal;
job postings for the same role;
proof of replacement by another worker;
proof of satisfactory performance before pregnancy.

Evidence of timing and inconsistent treatment is often important.

B. Evidence Favorable to the Employer

An employer defending non-renewal may rely on:

valid fixed-term agreement;
proof that the term was voluntarily accepted;
documented business reason for non-renewal;
attendance policy;
proof policy was communicated;
attendance logs;
notices to explain;
written warnings;
employee explanations;
records showing absences were unexcused;
proof of consistent treatment of other employees;
performance evaluations;
documentation predating pregnancy disclosure;
evidence that decision-makers did not rely on pregnancy;
proof that position, project, or funding ended.

The best employer evidence is objective, contemporaneous, and consistent.

XVII. Burden of Proof

In illegal dismissal cases, the employer generally carries the burden of proving that dismissal was valid. If the employee claims discriminatory non-renewal, the facts must be examined to determine whether pregnancy was a motivating factor.

Where the employer claims that employment merely expired, it must be prepared to prove the legitimacy of the fixed term and the absence of discriminatory motive.

If attendance is the reason, the employer should prove the attendance issue clearly and show that pregnancy-related rights were not penalized.

XVIII. The Role of Company Policy

A company attendance policy may support discipline only if it is:

lawful;
reasonable;
communicated;
consistently implemented;
not discriminatory;
not contrary to maternity protection laws.

A policy that automatically penalizes all absences without recognizing maternity leave, pregnancy-related medical leave, or legally protected leave may be legally defective.

A policy that appears neutral may still be discriminatory if applied in a way that disproportionately penalizes pregnant employees for protected medical needs.

XIX. Medical Certificates and Documentation

Employers may generally require reasonable medical documentation for medical absences. However, they should not impose excessive, arbitrary, or impossible requirements on pregnant employees.

For example, an employer may reasonably require:

medical certificate for prolonged absence;
expected period of rest;
fitness-to-work clearance when returning from serious medical leave;
leave forms;
maternity notification documents.

But the employer should be careful about:

rejecting valid medical certificates without reason;
demanding confidential medical details beyond what is necessary;
requiring daily certificates for obvious continuing medical conditions;
treating pregnancy-related medical advice as misconduct;
forcing an employee to work against medical advice.

The employer must balance operational needs with statutory protection and humane treatment.

XX. Data Privacy and Confidentiality

Pregnancy and medical records involve sensitive personal information. Employers should handle such information confidentially and only for legitimate employment, benefits, safety, and leave administration purposes.

Supervisors should avoid disclosing an employee’s pregnancy, medical condition, miscarriage, complications, or maternity leave details to coworkers unless disclosure is necessary and authorized.

Improper disclosure may raise separate privacy or workplace dignity issues.

XXI. Workplace Accommodation and Reasonable Flexibility

Philippine law does not always use the same accommodation framework found in some foreign jurisdictions, but employers should still consider reasonable, practical adjustments where feasible, especially when pregnancy-related medical needs are documented.

Possible adjustments may include:

allowing prenatal checkup leave or schedule flexibility;
temporary shift adjustment;
allowing makeup time where consistent with policy;
temporary reassignment from hazardous tasks;
allowing sitting, hydration, or restroom breaks;
adjusting workload temporarily based on medical advice;
processing maternity leave properly;
allowing remote work if compatible with the job and company policy.

The employer is not always required to grant every request, but outright refusal without assessment may support a finding of bad faith or discrimination.

XXII. Occupational Safety Considerations

Pregnancy may raise workplace safety concerns in certain jobs, such as exposure to chemicals, heavy lifting, prolonged standing, radiation, biological hazards, night work, extreme heat, or physically demanding tasks.

The employer should not exclude a pregnant employee based on stereotypes. Instead, it should assess actual risk, medical advice, and available adjustments.

A pregnant employee should not be penalized for avoiding work that is medically unsafe, especially where risks are documented.

XXIII. Return to Work After Maternity Leave

After maternity leave, the employee should generally be restored to her position or an equivalent position, subject to legitimate business conditions and applicable law.

An employer should not:

refuse to accept her back because she gave birth;
say her position was filled permanently as punishment for leave;
demote her because she became a mother;
reduce pay or benefits because she took maternity leave;
treat maternity leave as abandonment.

Where the employment was genuinely fixed-term and the term expired during maternity leave, the analysis becomes more fact-specific. The employer must still show the expiration was legitimate and not a device to avoid maternity rights.

XXIV. Abandonment Is Difficult to Prove

Employers sometimes claim that an employee abandoned work due to absences. In Philippine labor law, abandonment generally requires more than absence. It requires a clear intention to sever the employment relationship.

Pregnancy-related absence, maternity leave, hospitalization, or medical rest usually does not show abandonment.

An employee who communicates with the employer, submits medical documents, asks for leave, or seeks return to work is generally not abandoning employment.

XXV. Quitclaims and Waivers

If a pregnant employee is made to sign a quitclaim, waiver, resignation, or settlement after non-renewal, the document may still be challenged if:

consent was not voluntary;
there was pressure or intimidation;
the employee did not understand the document;
consideration was unconscionably low;
the waiver defeats statutory rights;
the waiver was used to conceal illegal dismissal or discrimination.

Quitclaims are not automatically invalid, but they are scrutinized, especially where labor rights are involved.

XXVI. Remedies Available to the Employee

If non-renewal is found unlawful, remedies may include some or all of the following, depending on the case:

reinstatement;
backwages;
separation pay in lieu of reinstatement, where appropriate;
unpaid wages;
unpaid benefits;
maternity-related benefits or salary differential, where applicable;
damages;
attorney’s fees;
moral or exemplary damages in bad-faith or discriminatory cases;
administrative penalties;
correction of employment records;
other relief available under labor law.

For fixed-term employees, remedies may vary depending on whether the contract was valid, whether the employee had become regular, whether the non-renewal was discriminatory, and the period involved.

XXVII. Possible Forums and Complaints

A pregnant employee may consider remedies through:

company grievance procedure;
human resources escalation;
DOLE mechanisms;
Single Entry Approach proceedings;
National Labor Relations Commission for illegal dismissal and money claims;
SSS-related remedies for maternity benefit issues;
other administrative or judicial remedies depending on the specific violation.

The correct forum depends on the claim: illegal dismissal, money claims, maternity benefit issues, discrimination, labor standards violations, or social security compliance.

XXVIII. Practical Guidance for Employees

A pregnant employee facing possible non-renewal due to absences or tardiness should:

keep copies of contracts, renewals, payslips, IDs, and schedules;
document the date the employer learned of the pregnancy;
submit medical certificates when absent for pregnancy-related reasons;
file leave forms or written notices when possible;
keep screenshots of messages and emails;
avoid verbal-only reporting when the matter is sensitive;
ask for written reasons for non-renewal;
compare how non-pregnant employees were treated, if evidence is available;
avoid signing resignation or quitclaim documents under pressure;
record the timeline of events;
preserve attendance records and warnings;
raise concerns formally and professionally.

A written record is often decisive.

XXIX. Practical Guidance for Employers

An employer considering non-renewal of a pregnant employee should:

separate pregnancy from attendance evaluation;
check whether the employee is regular, probationary, fixed-term, project-based, or otherwise;
review whether the classification is legally defensible;
examine whether absences were pregnancy-related, medically documented, approved, or legally protected;
ensure the attendance policy is lawful and consistently applied;
compare treatment of similarly situated employees;
avoid discriminatory comments;
document legitimate reasons objectively;
provide due process where required;
avoid timing that suggests retaliation or benefit avoidance;
process maternity benefits properly;
consult counsel before non-renewal where pregnancy is known.

The safest employer approach is to make decisions based on objective evidence that would have led to the same result even if the employee were not pregnant.

XXX. Common Misconceptions

Misconception 1: “The contract expired, so there is no issue.”

Not always. If the contract was invalid, repeatedly renewed to avoid regularization, or non-renewed because of pregnancy, there may still be liability.

Misconception 2: “Pregnant employees cannot be disciplined.”

They can be disciplined for legitimate, non-discriminatory reasons, with due process.

Misconception 3: “Absences are absences, regardless of pregnancy.”

Legally protected maternity leave and pregnancy-related medical absences cannot be treated like ordinary misconduct.

Misconception 4: “Probationary employees can be dismissed anytime.”

Probationary employees still have rights. Standards must be known, reasonable, and applied in good faith.

Misconception 5: “Non-renewal is always management prerogative.”

Management prerogative cannot override labor law, maternity protection, anti-discrimination principles, or security of tenure.

Misconception 6: “A pregnant employee who is often absent has abandoned work.”

Absence alone is not abandonment. There must be clear intent to sever employment.

XXXI. Sample Legal Analysis Framework

When evaluating whether non-renewal is lawful, ask:

What is the employee’s legal status?
Is the fixed-term or probationary arrangement valid?
Was the work necessary or desirable to the business?
Was the employee repeatedly renewed?
When did the employer learn of the pregnancy?
When did the attendance problems begin?
Were absences pregnancy-related?
Were absences approved or supported by medical certificates?
Were attendance rules clearly communicated?
Were warnings issued before pregnancy disclosure?
Were non-pregnant employees treated the same?
Was maternity leave requested or anticipated?
Did the employer mention pregnancy in the decision?
Did the employer hire a replacement?
Did the work continue after non-renewal?
Was due process observed?
Was the decision supported by objective evidence?
Would the same decision have been made if the employee were not pregnant?

The answer usually turns on this final question: Was pregnancy irrelevant to the decision?

XXXII. Illustrative Scenarios

Scenario 1: Likely Lawful Non-Renewal

A fixed-term employee was hired for a three-month seasonal campaign. The contract clearly stated the campaign end date. All campaign employees were released when the campaign ended. The pregnant employee had no special adverse treatment. The company did not replace her for the same continuing role.

This non-renewal is more likely lawful.

Scenario 2: Likely Unlawful Non-Renewal

An employee was renewed every six months for three years as an accounting assistant. After she informed HR that she was pregnant, her next renewal was denied. The employer cited tardiness, but non-pregnant employees with worse attendance records were renewed. Her work continued and another employee replaced her.

This is high-risk and may be found unlawful.

Scenario 3: Fact-Dependent

A probationary employee had repeated tardiness. Some were due to prenatal checkups and some were unexplained. The employer had attendance standards communicated at hiring but did not give clear feedback until after learning of pregnancy.

This requires close factual review. The employer’s decision may be questioned if it failed to distinguish protected pregnancy-related absences from unexcused violations.

Scenario 4: Employer Misstep

An employer tells a pregnant employee: “We cannot renew you because you will be going on maternity leave soon.”

This is direct evidence of pregnancy-related discrimination and is legally dangerous.

Scenario 5: Legitimate Attendance Issue

A pregnant employee repeatedly fails to report to work without notice, ignores calls and written requests for explanation, submits no medical documents, and had similar attendance problems before pregnancy. The employer documents the violations and treats her the same as other employees.

The employer may have a defensible basis, provided due process and classification rules are satisfied.

XXXIII. Best Practices for Handling Pregnancy-Related Attendance Issues

For Employers

Do not treat pregnancy as a liability.
Do not assume future absences.
Ask for documentation only when reasonable.
Apply rules consistently.
Exclude legally protected leave from discipline.
Provide written notices and opportunities to explain.
Keep supervisors trained on maternity rights.
Avoid casual remarks that imply bias.
Review contracts before relying on expiration.
Ensure benefit compliance.

For Employees

Communicate absences promptly.
Use written channels.
Submit medical certificates.
Keep copies.
Know maternity leave rights.
Do not ignore notices.
Respond professionally to attendance concerns.
Ask for reasons in writing.
Preserve evidence of unequal treatment.

XXXIV. Conclusion

A pregnant employee in the Philippines can be non-renewed for absences and tardiness only when the employer can prove that the decision was based on legitimate, documented, consistently applied, and non-discriminatory reasons.

Pregnancy does not excuse all attendance violations, but it does protect the employee from being penalized for pregnancy, childbirth, miscarriage, maternity leave, or related medical conditions.

The employer’s greatest legal risks arise when non-renewal happens shortly after pregnancy disclosure, when maternity leave is treated as an attendance problem, when medical absences are ignored, when fixed-term contracts are used to avoid regularization, or when similarly situated non-pregnant employees are treated more favorably.

In Philippine labor law, substance prevails over form. Calling the decision a “non-renewal” does not automatically make it lawful. If the real reason is pregnancy, the action may be treated as discriminatory and illegal.