If you are pregnant and still on probationary status, your employer cannot legally fire you because of your pregnancy, because you applied for maternity benefits, or because the company wants to avoid the cost or inconvenience of your maternity leave. But pregnancy does not make a probationary employee untouchable. An employer may still end probationary employment for a real, documented, non-discriminatory legal reason—such as failure to meet reasonable regularization standards that were made known at hiring, or a just or authorized cause under the Labor Code. The important question is not simply “Are you probationary?” but why, how, and when the employer terminated or refused to regularize you.

The Short Answer: Pregnancy Is Not a Valid Ground for Dismissal

A pregnant probationary employee in the Philippines has security of tenure. This means she cannot be dismissed at the employer’s whim.

For a probationary employee, termination is generally valid only if it falls under one of these grounds:

Possible ground	When it may be valid	When it becomes illegal or suspicious
Failure to qualify for regularization	The employer had reasonable standards, informed the employee at the time of engagement, and applied them fairly	The “failed probation” reason appeared only after the employer learned of the pregnancy
Just cause	Serious misconduct, willful disobedience, gross and habitual neglect, fraud, loss of trust, commission of a crime, or similar grounds under the Labor Code	The alleged offense is vague, undocumented, exaggerated, or used as a cover for pregnancy discrimination
Authorized cause	Redundancy, retrenchment, closure, installation of labor-saving devices, or disease, with proper notice and separation pay when required	Only the pregnant probationary employee is removed while others are retained, or the position is soon refilled
End of probation due to poor performance	Performance problems were documented and tied to standards known from the start	The employer never gave standards, evaluations, coaching, or written reasons

The Labor Code’s basic policy is to protect labor, assure security of tenure, and ensure equal work opportunities regardless of sex. It also provides that doubts in interpreting labor laws and regulations are generally resolved in favor of labor. (Supreme Court E-Library)

What “Probationary Employee” Means Under Philippine Labor Law

A probationary employee is hired for a trial period so the employer can observe whether she is fit for regular employment.

In practice, probation usually lasts up to six months from the date the employee started working, unless a longer period is allowed by a valid apprenticeship arrangement or by a special rule recognized in law or jurisprudence. The key rule is that the employee may be terminated during probation only for:

a just cause;
an authorized cause; or
failure to qualify as a regular employee based on reasonable standards made known to the employee at the time of engagement.

The Supreme Court has repeatedly held that a probationary employee, like a regular employee, enjoys security of tenure. In Enchanted Kingdom, Inc. v. Verzo, the Court explained that a probationary employee may be dismissed for failure to meet reasonable standards, but those standards must be communicated to the employee at the start of the employment relationship. If the employer fails to do this, the employee may be deemed regular. (Lawphil)

The employer must prove more than “probationary ka pa lang”

A common mistake is assuming that probationary employees can be removed anytime before the sixth month. That is not correct.

An employer should be able to show:

the probationary contract or appointment;
the date employment started;
the standards for regularization;
proof that the standards were communicated to the employee;
performance evaluations, attendance records, incident reports, or other supporting documents;
the written notice of termination or non-regularization; and
a lawful reason unrelated to pregnancy.

If the employer cannot show these, the dismissal may be vulnerable to an illegal dismissal complaint.

Legal Protections for Pregnant Employees in the Philippines

Pregnant employees are protected by several overlapping rules: the Labor Code, the 105-Day Expanded Maternity Leave Law, constitutional labor protections, and Supreme Court decisions.

Labor Code: firing a woman because of pregnancy is prohibited

The Labor Code provision on prohibited acts against women makes it unlawful for an employer to:

deny a woman employee benefits provided by law;
discharge a woman to prevent her from enjoying those benefits;
discharge a woman on account of pregnancy, or while on leave or in confinement due to pregnancy; or
refuse to admit her back to work for fear that she may again become pregnant. (Supreme Court E-Library)

Some references cite this provision under different article numbers because of Labor Code renumbering and publication differences, but the rule itself is straightforward: pregnancy-based dismissal is unlawful.

RA 11210: Expanded Maternity Leave Law protects security of tenure

Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law of 2019, grants maternity leave benefits to covered female workers in the private and public sectors. For live childbirth, the law provides 105 days of maternity leave with full pay, an option to extend for 30 additional days without pay, and an additional 15 days with full pay for qualified solo parents. For miscarriage or emergency termination of pregnancy, the benefit is generally 60 days with full pay. The law applies regardless of civil status, legitimacy of the child, mode of delivery, and frequency of pregnancy. (Lawphil)

RA 11210 also has two very important employment-protection provisions:

RA 11210 protection	What it means in real life
Security of tenure	Availing of maternity leave or related benefits cannot be used as a basis for demotion or termination
Non-discrimination	Employers cannot discriminate against women to avoid granting maternity leave benefits

The Supreme Court E-Library text of RA 11210 states that employees who avail of the law’s benefits are assured security of tenure, and that the exercise of the option cannot be used as a basis for demotion or termination. It also states that no public or private employer shall discriminate against the employment of women to avoid the benefits under the law. (Supreme Court E-Library)

Supreme Court: pregnancy-related dismissal may be illegal dismissal

In Valderrama v. NLRC and Saavedra, the Supreme Court noted that the employee had been dismissed due to pregnancy, despite the employer’s claim that the dismissal was due to redundancy and retrenchment. The labor arbiter awarded reinstatement, backwages, moral damages, exemplary damages, and attorney’s fees. (Lawphil)

This matters because employers do not always say, “We are firing you because you are pregnant.” Often, the reason is disguised as:

redundancy;
failed probation;
poor attitude;
“not culture fit”;
absences;
lack of commitment;
inability to handle workload;
cost-cutting; or
“business decision.”

The timing and documentation will matter.

When Can an Employer Validly End the Employment of a Pregnant Probationary Employee?

An employer can validly terminate or not regularize a pregnant probationary employee only when the reason is real, legal, documented, and not connected to pregnancy.

1. Failure to meet standards for regularization

This is the most common reason used against probationary employees.

It may be valid if:

the standards were reasonable;
the employee was informed of them at hiring or during the early phase of probation;
the standards were job-related;
the employer actually evaluated the employee;
the employee failed based on evidence; and
pregnancy was not the true reason.

For example, a probationary accounting assistant may be validly non-regularized if she repeatedly made serious, documented errors despite coaching, and the standards for accuracy and deadlines were stated in her contract or job description.

But the same reason becomes suspicious if:

she had no negative evaluation before announcing pregnancy;
the employer praised her work before learning she was pregnant;
the employer suddenly created new standards;
the notice merely says “management prerogative”;
only pregnant employees are removed; or
HR mentioned maternity leave cost, absences, or “delikado sa operations.”

In Enchanted Kingdom v. Verzo, the Supreme Court emphasized that due process in non-regularization for failure to meet probationary standards lies in making the standards known, and that written notice within a reasonable time is sufficient for this ground. (Lawphil)

2. Just cause under the Labor Code

A pregnant probationary employee may still be dismissed for a serious lawful cause, such as:

serious misconduct;
willful disobedience of lawful work orders;
gross and habitual neglect of duties;
fraud or willful breach of trust;
commission of a crime against the employer or immediate family; or
analogous causes.

But the employer must observe proper due process. For just-cause dismissal, the usual process is:

first written notice specifying the charges;
reasonable opportunity to explain;
hearing or conference when necessary;
evaluation of evidence; and
final written notice of decision.

Pregnancy does not excuse serious misconduct, but pregnancy also cannot be used to turn minor issues into dismissible offenses.

3. Authorized cause

A pregnant probationary employee may be affected by a genuine authorized cause, such as redundancy, retrenchment to prevent losses, closure, or installation of labor-saving devices.

However, the employer must usually provide:

written notice to the employee;
written notice to DOLE;
at least 30 days’ advance notice for authorized causes; and
separation pay when required by law.

If the employer claims redundancy but hires someone else for the same job soon after, that can weaken the employer’s defense.

4. Disease or medical incapacity

Pregnancy itself is not a disease. Normal pregnancy, morning sickness, prenatal checkups, bed rest, or expected maternity leave are not automatic grounds for dismissal.

If a medical condition is invoked, the employer must be careful. Termination based on disease under labor law has specific requirements, including medical certification and the legal standard that continued employment is prohibited by law or prejudicial to the employee’s or co-employees’ health. A vague statement like “bawal ka na mag-work kasi buntis ka” is not enough.

Red Flags That the Dismissal May Be Pregnancy Discrimination

A dismissal or non-regularization may be illegal if the facts show that pregnancy was the real reason.

Watch for these warning signs:

You were terminated shortly after telling HR or your supervisor that you were pregnant.
The employer asked if you planned to continue the pregnancy or take maternity leave.
HR said the company “cannot afford” maternity benefits or salary differential.
You were told you were “not regularizable” because you would be absent soon.
The company demanded that you resign instead of issuing a termination notice.
You received no performance evaluation until after your pregnancy became known.
The employer changed your schedule, workload, or standards after learning of the pregnancy.
Your termination letter gives a vague reason like “management decision.”
Other probationary employees with similar performance were regularized.
You were replaced by a non-pregnant employee.

Timing alone does not automatically prove illegal dismissal, but timing plus weak documentation can be powerful evidence.

What to Do If You Are Fired While Pregnant and on Probation

Act quickly, but calmly. Labor cases are document-heavy, and the employee who preserves evidence early is usually in a stronger position.

Step 1: Ask for the reason in writing

If your employer only told you verbally, ask for a written notice.

A simple message is enough:

“May I respectfully request a written copy of the reason for my termination/non-regularization, the effective date, and any performance evaluation or document relied upon?”

Do not sign a resignation letter, quitclaim, waiver, or final pay document unless you fully understand it. A quitclaim is not always valid, but signing one can complicate the case.

Step 2: Gather documents immediately

Save copies of:

Document or evidence	Why it matters
Employment contract or job offer	Shows probationary period, position, salary, and standards
Job description and company handbook	Shows expected duties and policies
Performance evaluations	Shows whether poor performance was documented
Emails, chats, texts, Viber, Messenger, Slack, Teams messages	May show pregnancy-related comments or timing
Payslips and payroll records	Needed for backwages and money claims
SSS records and maternity notification	Shows maternity benefit issues
Medical certificate or pregnancy test/ultrasound	Shows pregnancy timeline
Termination or non-regularization notice	Shows employer’s stated reason
Witness names	Useful if supervisors made discriminatory remarks
Attendance records and leave requests	Helps answer allegations of absences

Take screenshots showing dates, sender names, and full message context. Do not edit messages.

Step 3: Build a timeline

Write a short chronology while the facts are fresh.

Include:

date hired;
probationary period stated in contract;
date you learned you were pregnant;
date you informed the employer;
who you informed;
what they said;
dates of evaluations or warnings;
date of termination notice;
effective date of termination; and
names of witnesses.

This timeline helps DOLE, SEnA officers, labor arbiters, and lawyers understand the case quickly.

Step 4: File a Request for Assistance under SEnA

Most labor disputes begin with the Single Entry Approach, commonly called SEnA. It is a mandatory conciliation-mediation process designed to settle labor issues quickly and inexpensively. The National Conciliation and Mediation Board describes SEnA as a 30-day mandatory conciliation-mediation mechanism for labor and employment issues. (NCMB)

You may file a Request for Assistance:

online through the DOLE Assistance for Request Management System;
at a DOLE Regional, Provincial, or Field Office;
at the NCMB; or
at the NLRC office handling SEnA matters.

The DOLE ARMS portal states that a Request for Assistance may be filed by an aggrieved worker, including a local worker, overseas worker, kasambahay, group of workers, union, or employer, and that SEnA involves 30-day mandatory conciliation-mediation services. (senawebbapp.azurewebsites.net)

Step 5: If unresolved, file an illegal dismissal case with the NLRC

If settlement fails, the next step is usually a complaint before the National Labor Relations Commission (NLRC), through the appropriate Regional Arbitration Branch.

For illegal dismissal, the prescriptive period is generally four years from dismissal, according to the NLRC’s public FAQ. (nlrc.dole.gov.ph)

Do not wait until the last minute. Delay can make evidence harder to gather and witnesses harder to contact.

Possible Claims and Remedies

If the dismissal is found illegal, possible remedies may include:

Remedy	What it means
Reinstatement	Return to work without loss of seniority rights
Full backwages	Wages and benefits lost from dismissal until reinstatement or finality of decision, depending on the ruling
Separation pay in lieu of reinstatement	Money substitute when reinstatement is no longer practical due to strained relations or closure
Unpaid wages and benefits	Salary, 13th month pay, service incentive leave, holiday pay, or other unpaid statutory benefits
Maternity-related benefits	Claims connected to maternity leave, SSS maternity benefits, or salary differential, depending on facts
Moral damages	May be awarded when dismissal was attended by bad faith, discrimination, or oppressive conduct
Exemplary damages	May be awarded to deter similar conduct
Attorney’s fees	Often claimed when the employee is forced to litigate to recover lawful benefits

The exact award depends on the facts, the evidence, salary rate, length of service, and the legal theory proven.

Common Real-Life Scenarios

“My employer said I failed probation after I announced I was pregnant.”

This is one of the most common patterns.

The key questions are:

Were regularization standards given when you were hired?
Were there written evaluations before the pregnancy announcement?
Were you warned or coached before termination?
Did the employer mention your pregnancy, checkups, absences, maternity leave, or cost?
Were similarly situated non-pregnant probationary employees treated better?

If the employer cannot show pre-existing standards and credible performance evidence, “failed probation” may be viewed as a pretext.

“HR told me to resign because I’m pregnant.”

A forced resignation may be treated as constructive dismissal if the employee had no real choice.

Do not write “I voluntarily resign” if you do not actually want to resign. If pressured, document what happened. Save messages. Note who was present. Ask for written clarification.

“They said they cannot regularize me because I will go on maternity leave.”

That statement is highly problematic. Availing of maternity leave cannot be used as a basis for termination, demotion, or non-regularization. RA 11210 expressly protects security of tenure and prohibits discrimination to avoid maternity benefits. (Supreme Court E-Library)

“I was absent because of pregnancy complications.”

Pregnancy-related absences should be handled carefully. The employee should submit medical certificates, leave forms, and notices whenever possible. The employer may still require compliance with reasonable attendance and reporting rules, but it cannot dismiss an employee merely because she is pregnant or needs legally protected maternity leave.

If the absences are medically supported and the employer’s reaction is immediate termination, the facts may support a discrimination or illegal dismissal theory.

“My employer did not give me regularization standards.”

If no standards were made known at the time of engagement, the employee may be considered regular. The Supreme Court has stated that an employer dealing with a probationary employee must communicate regularization standards and must do so at the time of engagement; failure may result in the employee being deemed regular. (Lawphil)

This is especially important when the employer only gives a generic contract saying “probationary for six months” but does not explain how performance will be evaluated.

“I am a foreign employee working in the Philippines.”

Foreign employees working in the Philippines may still have labor rights under Philippine law if there is an employer-employee relationship governed by Philippine labor standards. Practical documents may include:

passport and visa pages;
Alien Employment Permit, if applicable;
employment contract;
work emails or company ID;
payslips or bank records;
termination notice; and
proof of pregnancy and employer knowledge.

If the foreign worker is abroad and needs someone in the Philippines to act for her, a Special Power of Attorney may be required. If executed abroad, it may need consular acknowledgment or apostille, depending on the country and intended use.

“I work for the government.”

Government employment follows a different procedure. RA 11210 applies to female workers in government and the private sector, and the Civil Service Commission has issued rules implementing expanded maternity leave for public servants. The CSC explains that RA 11210 grants 105 days of paid maternity leave for live childbirth, additional leave for qualified solo parents, and 60 days for miscarriage or emergency termination of pregnancy. (Civil Service Commission)

However, disputes involving government employees may go through the agency, Civil Service Commission, Ombudsman, or other administrative channels—not the NLRC—depending on the status of the worker and the nature of the claim.

Practical Timeline

Stage	Usual timeline	What happens
Employer issues termination or non-regularization notice	Immediate to a few days before effectivity	Employee should request written grounds and gather evidence
SEnA Request for Assistance	Usually up to 30 calendar days	Conciliation-mediation; settlement may include reinstatement, payment, clearance, or corrected records
Referral or failed settlement	After SEnA closes	Employee may proceed to the proper forum, often the NLRC for private-sector termination disputes
NLRC filing and mandatory conferences	Varies by branch and caseload	Parties submit complaint, position papers, evidence, and attend conferences
Labor Arbiter decision	Varies widely	Decision may award dismissal of complaint, reinstatement, backwages, or monetary claims
Appeal to NLRC Commission	Strict deadlines apply	Losing party may appeal if legal grounds exist
Court of Appeals / Supreme Court review	Longer timeline	Usually through special civil action for certiorari, not a normal factual appeal

In real life, bottlenecks include incomplete employer records, refusal to issue written reasons, difficulty serving notices, overloaded dockets, and settlement negotiations over final pay.

Evidence That Often Makes or Breaks the Case

The strongest cases usually have clear documents showing the connection between pregnancy and dismissal.

Helpful evidence includes:

messages like “We cannot regularize you because you will go on maternity leave”;
sudden termination after pregnancy disclosure;
clean performance record before pregnancy;
no standards for regularization;
no written evaluation;
contradictory reasons from HR and management;
proof that the position still exists;
proof that a replacement was hired;
witnesses to discriminatory remarks;
SSS or maternity benefit documents showing timing; and
medical documents supporting pregnancy-related absences.

Weak cases often involve:

serious documented performance issues before pregnancy;
repeated violations unrelated to pregnancy;
clear standards acknowledged in writing;
fair evaluations before pregnancy disclosure;
valid redundancy affecting multiple employees; or
signed resignation without proof of pressure.

Employer Best Practices

For employers, the safest approach is to separate pregnancy from performance management.

A compliant employer should:

give written standards at hiring;
evaluate probationary employees consistently;
document coaching and performance gaps;
avoid comments about pregnancy, maternity cost, or inconvenience;
treat pregnancy-related medical needs with sensitivity and legal compliance;
issue proper written notices;
ensure the reason for termination is supported by evidence;
avoid asking the employee to resign; and
coordinate maternity benefits properly with SSS and payroll.

The problem is not lawful performance management. The problem is using “performance” as a mask for discrimination.

Frequently Asked Questions

Can a pregnant probationary employee be terminated in the Philippines?

Yes, but only for a lawful reason unrelated to pregnancy. A pregnant probationary employee may be terminated for just cause, authorized cause, or genuine failure to meet reasonable regularization standards. She cannot be terminated because she is pregnant, will take maternity leave, or may cost the company maternity benefits.

Is pregnancy a valid reason for non-regularization?

No. Pregnancy itself is not a valid reason for non-regularization. If the employer refuses to regularize an employee because she is pregnant or will soon go on maternity leave, that may be illegal dismissal or discrimination.

What if the employer says I failed probation?

Ask for the standards, evaluation, and documents supporting that claim. Failure to meet probationary standards can be a valid reason only if the standards were reasonable, made known to you at engagement, and applied fairly. If “failed probation” appeared only after your pregnancy announcement, it may be a pretext.

Do probationary employees have maternity leave?

Covered female workers may be entitled to maternity leave under RA 11210, subject to applicable requirements such as SSS rules for private-sector benefit payment. The law covers female workers regardless of civil status and provides benefits for every instance of pregnancy, miscarriage, or emergency termination of pregnancy. (Lawphil)

Can my employer ask me to resign because I am pregnant?

No. An employer should not pressure a pregnant employee to resign to avoid regularization or maternity benefits. A forced resignation may be challenged as constructive dismissal, especially if there are messages, witnesses, or circumstances showing pressure.

Can I be dismissed for absences due to pregnancy checkups or complications?

Not automatically. You should submit proper notices and medical documents whenever possible. The employer may enforce reasonable attendance rules, but it cannot use pregnancy or maternity-related medical needs as a disguised reason to dismiss you.

What should I do if I already signed a quitclaim or resignation?

Gather evidence showing the circumstances of signing. A quitclaim or resignation may be challenged if it was signed under pressure, without full understanding, or for an unconscionably low amount. However, signing documents can make the case more complicated, so preserve all messages and witnesses related to the signing.

Where do I file a complaint?

For most private-sector employees, the usual starting point is SEnA through DOLE, NCMB, or NLRC channels. If settlement fails, termination disputes are generally brought before the NLRC. Government employees usually follow civil service or administrative procedures instead.

How long do I have to file an illegal dismissal case?

Illegal dismissal cases generally prescribe in four years from dismissal, based on NLRC public guidance. (nlrc.dole.gov.ph) Even so, filing earlier is better because documents, witnesses, and digital evidence are easier to secure.

Can the employer be penalized for pregnancy discrimination?

Depending on the facts, the employer may face liability for illegal dismissal, backwages, reinstatement or separation pay, damages, attorney’s fees, and possible consequences under labor and maternity protection laws. The specific remedy depends on the evidence and the forum handling the case.

Key Takeaways

A pregnant probationary employee cannot be fired because of pregnancy.
Probationary employees still have security of tenure.
An employer may validly end probationary employment only for a lawful, documented, non-discriminatory reason.
“Failed probation” is not enough if no reasonable standards were made known at hiring.
RA 11210 protects maternity leave, security of tenure, and non-discrimination.
The Labor Code prohibits dismissing a woman because of pregnancy or to prevent her from enjoying lawful benefits.
Save documents, messages, medical records, evaluations, notices, and payslips immediately.
Most private-sector disputes begin with SEnA and may proceed to the NLRC if unresolved.
Timing matters: termination shortly after pregnancy disclosure is a major red flag, especially when documentation is weak.