Introduction

In the Philippines, maternity benefits represent a critical aspect of labor rights, designed to protect female workers during pregnancy, childbirth, and the postpartum period. These benefits, enshrined in various laws, ensure that women can balance their professional responsibilities with family obligations without facing undue hardship. A common question arises when a newly hired female employee becomes pregnant or reveals a pregnancy shortly after hiring: Can the employer deny maternity benefits on the grounds that the pregnancy was not disclosed during the recruitment process? This article explores the legal framework governing maternity benefits, the implications of non-disclosure, prohibitions against discrimination, eligibility requirements, and potential remedies under Philippine law. It aims to provide a comprehensive analysis to clarify employer obligations and employee rights in such scenarios.

Legal Framework for Maternity Benefits

Maternity benefits in the Philippines are primarily governed by Republic Act No. 11210, known as the Expanded Maternity Leave Law, which amended provisions of the Labor Code (Presidential Decree No. 442, as amended) and the Social Security Act of 1997 (Republic Act No. 8282). Under RA 11210, effective since March 11, 2019, qualified female employees are entitled to 105 days of paid maternity leave for live childbirth through normal delivery or miscarriage, and 120 days for cesarean section. Solo parents, as defined under Republic Act No. 8972 (Solo Parents' Welfare Act), receive an additional 15 days, bringing the total to 120 or 135 days, respectively. In cases of miscarriage or emergency termination, the leave is 60 days.

These benefits are funded through the Social Security System (SSS), which administers maternity reimbursements based on the employee's contributions. Employers are required to advance the full maternity benefit payment to the employee upon presentation of a medical certificate confirming pregnancy or childbirth, with reimbursement later claimed from the SSS. The law mandates that employers remit SSS contributions on behalf of employees, ensuring coverage.

Additionally, Republic Act No. 9710, the Magna Carta of Women, reinforces these protections by promoting gender equality and prohibiting discrimination based on sex, including pregnancy. Article 135 of the Labor Code explicitly prohibits employers from discriminating against women on account of marriage or pregnancy, such as in hiring, promotion, or benefits provision.

Non-Disclosure of Pregnancy During Hiring: Is It Grounds for Denial?

The core issue is whether an employer can withhold maternity benefits if a candidate did not disclose her pregnancy during the job interview or application process. Philippine law does not impose a general obligation on job applicants to disclose personal health conditions, including pregnancy, unless the condition directly impacts the ability to perform essential job functions or poses a safety risk. Pregnancy, in itself, is not a disability but a protected status under anti-discrimination laws.

The Supreme Court of the Philippines has consistently upheld that requiring disclosure of pregnancy during hiring constitutes discrimination. In the landmark case of Saudi Arabian Airlines v. Rebesencio (G.R. No. 198587, January 14, 2015), the Court ruled that policies mandating disclosure of pregnancy or imposing marriage bans on female employees violate constitutional guarantees of equal protection and non-discrimination. The decision emphasized that pregnancy is a natural occurrence and cannot be used as a basis for adverse employment actions.

Furthermore, under the Data Privacy Act of 2012 (Republic Act No. 10173), personal information such as health status (including pregnancy) is sensitive and protected. Employers cannot compel disclosure without a legitimate purpose, and even then, it must comply with privacy principles. Non-disclosure does not invalidate an employee's entitlement to benefits, as eligibility is determined by objective criteria: the employee must be an SSS member with at least three months of contributions within the 12-month period preceding the semester of contingency (childbirth or miscarriage), and the employer must have been notified of the pregnancy.

If an employer denies benefits citing non-disclosure, this could be construed as constructive dismissal or unlawful discrimination, exposing the employer to liability. The benefits are statutory and non-waivable; they accrue based on employment and contribution history, not on the timing of disclosure.

Discrimination Prohibited Under Philippine Law

Discrimination on the basis of pregnancy is expressly forbidden. Article 135 of the Labor Code states that it is unlawful for an employer to:

Require as a condition of employment that a woman employee shall not get married or become pregnant.
Discharge a woman on account of her pregnancy.
Deny promotion or benefits due to pregnancy.

The Magna Carta of Women expands this by mandating equal opportunities in employment and prohibiting any form of gender-based discrimination. Violations can lead to administrative sanctions, civil damages, or criminal penalties under Section 21 of RA 9710, which imposes fines ranging from P5,000 to P300,000 and imprisonment from six months to six years, depending on the offense.

In practice, if an employer discovers a pregnancy post-hiring and attempts to deny benefits or terminate employment, it may face claims before the National Labor Relations Commission (NLRC). Cases like Lakandula v. Philippine Airlines (G.R. No. 189278, July 2, 2014) illustrate that employers cannot retroactively justify denials based on non-disclosure, as this undermines the protective intent of labor laws.

Eligibility and Procedural Requirements for Maternity Benefits

To qualify for maternity benefits, an employee must:

Be employed at the time of pregnancy or childbirth, or have been separated from employment not earlier than the date of contingency, provided contributions are up to date.
Have paid at least three monthly SSS contributions in the 12 months preceding the semester of childbirth.
Notify the employer of the pregnancy and expected delivery date at least 30 days in advance, unless circumstances prevent it (e.g., emergency delivery).

For voluntary or self-employed members, similar contribution rules apply, but without employer involvement. Importantly, the law does not condition benefits on pre-employment disclosure. If the employee was pregnant during hiring but met all other criteria, denial based solely on non-disclosure is invalid.

Employers must maintain records of notifications and ensure timely remittance of contributions. Failure to do so can result in penalties under the SSS Law, including fines up to P20,000 or imprisonment.

Remedies for Denied Maternity Benefits

If an employer denies maternity benefits improperly, the affected employee has several avenues for redress:

SSS Claim: File a claim directly with the SSS for reimbursement, providing proof of employment and medical certification. The SSS can compel the employer to pay if advances were not made.
Labor Arbitration: Lodge a complaint with the Department of Labor and Employment (DOLE) or NLRC for illegal denial of benefits, discrimination, or constructive dismissal. Remedies include back payment of benefits, moral and exemplary damages, and reinstatement if termination occurred.
Civil Action: Sue for damages under the Civil Code for breach of contract or tortious interference, particularly if privacy rights were violated.
Criminal Prosecution: For severe discrimination under the Magna Carta of Women, file charges with the prosecutor's office.

The burden of proof lies with the employer to show that denial was not discriminatory. Successful claims often result in full benefit restoration plus interest, as seen in NLRC decisions.

Special Considerations: Probationary Employees and Contractual Workers

Probationary employees are entitled to maternity benefits if they meet SSS contribution requirements, as probationary status does not diminish statutory rights. However, employers sometimes argue that pregnancy affects performance evaluations during probation. The Supreme Court in Brent School, Inc. v. Zamora (G.R. No. L-48494, February 5, 1990) clarified that probation cannot be used to circumvent labor protections.

For contractual or fixed-term workers, benefits apply if the contract covers the contingency period. Under Department Order No. 174-17, contractualization is regulated to prevent abuse, ensuring that repeated contracts do not deny benefits.

Conclusion

In summary, Philippine law unequivocally protects maternity benefits as a fundamental right, independent of disclosure during hiring. Employers cannot deny these benefits on grounds of non-disclosure, as such actions constitute prohibited discrimination under the Labor Code, Expanded Maternity Leave Law, and Magna Carta of Women. Eligibility hinges on contributions and notification, not on pre-hiring revelations. Employees facing denial should promptly seek remedies through the SSS, DOLE, or courts to enforce their rights. This framework underscores the country's commitment to gender equality and family welfare, ensuring that women are not penalized for motherhood in the workplace.