No. In the Philippines, an employer cannot legally terminate a probationary employee simply because she is pregnant. Probationary employees do not have the same permanence as regular employees yet, but they still have security of tenure. That means they may be dismissed only for a valid legal reason, such as a just cause, an authorized cause, or failure to meet reasonable regularization standards that were made known at the start of employment. Pregnancy is not one of those reasons.

A pregnant probationary employee may still be evaluated for performance, attendance, conduct, and fitness for the job. But the employer must separate legitimate work-related issues from pregnancy itself. A termination that happens right after the employee discloses her pregnancy, asks about maternity leave, files an SSS maternity notification, or needs pregnancy-related accommodation may be questioned as illegal dismissal, pregnancy discrimination, or even constructive dismissal if the employer made the job unbearable instead of directly firing her.

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

A probationary employee may be terminated before regularization only if:

There is a just cause under the Labor Code, such as serious misconduct, gross and habitual neglect of duties, fraud, willful disobedience, or analogous causes;
There is an authorized cause, such as redundancy, retrenchment, closure, or disease, with the required notices and separation pay where applicable; or
The employee fails to qualify as a regular employee based on reasonable standards made known to her at the time she was hired.

Pregnancy does not fall under any of these categories.

So if the real reason is:

“You are pregnant, so we cannot regularize you.”
“You will be absent soon because of maternity leave.”
“The company does not want to shoulder maternity benefits.”
“You are still probationary, so we can let you go anytime.”
“You are unmarried and pregnant, so it is immoral.”
“We need someone who will not take maternity leave.”

then the dismissal is legally vulnerable.

Under Philippine law, a probationary employee is not an “at-will” employee. Employers cannot dismiss her for any reason they choose.

What Probationary Employment Means Under Philippine Law

Under Article 296 of the Labor Code, probationary employment generally cannot exceed six months from the date the employee started working, unless the employment is covered by an apprenticeship agreement providing a longer period. The law also says that a probationary employee may be terminated only for just cause or when she fails to qualify as a regular employee under reasonable standards made known to her at the time of engagement.

You can read the Labor Code provision on probationary employment in the Labor Code Book VI text.

This means three things in practical terms:

Issue	What the law requires
Probationary period	Usually not more than 6 months
Standards for regularization	Must be reasonable and communicated at the start
Termination	Must be based on just cause, authorized cause, or failure to meet known standards

A common problem is that employers give a vague probationary contract saying only “subject to evaluation” without clear standards. If no reasonable standards were made known at hiring, the employee may be considered regular from the beginning, depending on the facts.

Another common problem is timing. If the employee was doing well, then suddenly received poor ratings only after disclosing pregnancy, the timing can become important evidence.

Legal Basis: Why Pregnancy-Based Termination Is Illegal

Labor Code protections for women workers

The Labor Code prohibits discrimination against women employees and specifically makes it unlawful to discharge a woman on account of pregnancy, while on leave or confinement due to pregnancy, or upon return to work because of fear that she may become pregnant again.

In the renumbered Labor Code, this protection is usually discussed under the provisions on employment of women, including Article 133 on discrimination and Article 135 on prohibited acts. Some older cases and older versions of the Code may refer to former article numbers, so do not be surprised if you see different numbering in Supreme Court decisions or older legal materials.

The key point is simple: pregnancy cannot be used as the reason to remove a woman from work.

RA 11210, or the 105-Day Expanded Maternity Leave Law

Republic Act No. 11210, signed in 2019, strengthened maternity protection in the Philippines. It grants covered female workers 105 days of maternity leave with full pay, with an option to extend for another 30 days without pay, and an additional 15 days with full pay for qualified solo parents. For miscarriage or emergency termination of pregnancy, the law grants 60 days of maternity leave with full pay.

The law applies regardless of civil status and regardless of whether the child is legitimate. The full text is available through the Supreme Court E-Library: Republic Act No. 11210.

RA 11210 is especially important because it expressly provides that employees who avail of maternity leave benefits are assured of security of tenure. The exercise of maternity leave rights cannot be used as a basis for demotion or termination. The law also prohibits employers from discriminating against women to avoid maternity benefits.

Magna Carta of Women, RA 9710

Republic Act No. 9710, or the Magna Carta of Women of 2009, is the Philippines’ comprehensive women’s human rights law. It recognizes the State’s duty to eliminate discrimination against women and promote substantive equality.

In employment disputes, the Magna Carta of Women can support arguments that pregnancy-based termination, demotion, forced resignation, or punitive reassignment is discriminatory. The full law is available here: Republic Act No. 9710.

Supreme Court rulings on pregnancy and dismissal

Philippine Supreme Court cases have repeatedly rejected the idea that pregnancy, including pregnancy outside marriage, is automatically a valid reason to dismiss an employee.

In Leus v. St. Scholastica’s College Westgrove, the Supreme Court ruled that pregnancy out of wedlock, by itself, is not disgraceful or immoral conduct justifying dismissal. The Court emphasized that morality in employment cases must be judged by public and secular standards, not purely religious standards. Read the decision here: Leus v. St. Scholastica’s College Westgrove.

In Capin-Cadiz v. Brent Hospital and Colleges, Inc., the Supreme Court again held that premarital relations and resulting pregnancy out of wedlock did not automatically amount to immoral conduct. The employer could not require the employee to marry as a condition for reinstatement. Read the decision here: Capin-Cadiz v. Brent Hospital and Colleges, Inc..

In Union School International v. Dagdag, the Supreme Court affirmed the finding of illegal dismissal where an employee was effectively forced to choose between resignation and dismissal after the school found out about her pregnancy out of wedlock. Read the decision here: Union School International v. Dagdag.

More recently, in Paulino v. Sutherland Global Services, Inc., the Supreme Court recognized that transferring a pregnant employee to a remote location because of pregnancy may amount to constructive dismissal and violate the Magna Carta of Women. The Supreme Court summarized this ruling in its 2025 year-end report.

Can the Employer Still Terminate a Pregnant Probationary Employee for Poor Performance?

Yes, but only if the reason is genuine, documented, and unrelated to pregnancy.

An employer may terminate a pregnant probationary employee for failure to meet regularization standards if all of the following are present:

The standards were reasonable;
The standards were made known to the employee at the start of employment;
The employee was evaluated based on actual work performance;
The evaluation was not influenced by pregnancy, maternity leave, marital status, or assumptions about future absences;
The employer issued the required written notice within a reasonable time.

For example, if a probationary employee was hired as an accounting assistant and repeatedly made serious errors despite coaching, and the employer has documented evaluations before any pregnancy disclosure, termination for failure to qualify may be valid.

But if the employee had good feedback, then suddenly received negative evaluations after telling HR she was pregnant, the case becomes suspicious.

Red flags that the termination may be pregnancy discrimination

A dismissal may be questioned if:

The termination happened shortly after pregnancy disclosure;
HR or a supervisor mentioned maternity leave costs;
The employer said the employee would be “unavailable” or “unreliable” because of pregnancy;
The company failed to show regularization standards;
The employee was not evaluated until after she became pregnant;
The employer asked her to resign instead of issuing a proper termination notice;
The employee was transferred, demoted, isolated, or stripped of duties after disclosing pregnancy;
The employer used “poor performance” but cannot show records, metrics, coaching, warnings, or objective evaluation.

Labor cases are decided based on substantial evidence. In practice, text messages, emails, screenshots, evaluation forms, and timing often matter.

What If the Employer Says “You Are Only Probationary”?

That is not enough.

Probationary status gives the employer the right to test the employee’s fitness for regular employment. It does not give the employer the right to disregard the Labor Code, maternity leave law, or anti-discrimination protections.

The Supreme Court has also clarified that illegally dismissed probationary employees may be entitled to backwages like regular employees. In C.P. Reyes Hospital v. Barbosa, the Court held that illegally dismissed probationary employees are entitled to backwages up to actual reinstatement, and if reinstatement is not feasible, up to the finality of the decision. The Supreme Court discussed this ruling in its official report: SC: Illegally Dismissed Probationary Employees Entitled to Backwages.

This is important because some employers assume their exposure is limited only to the remaining weeks or months of probation. That assumption is no longer safe.

What If the Employee Is Unmarried and Pregnant?

Being unmarried and pregnant is not, by itself, a valid ground for dismissal.

The Supreme Court decisions in Leus, Capin-Cadiz, and Union School International v. Dagdag are especially helpful here. They show that employers, including religious or educational institutions, cannot automatically treat pregnancy outside marriage as serious misconduct or immorality.

There may be exceptional situations where an employer alleges a separate act of misconduct, such as an extramarital affair involving married persons, abuse of authority, harassment, or conduct directly affecting the job. But the employer must prove the actual misconduct. It cannot simply point to pregnancy as proof of wrongdoing.

In ordinary cases, an unmarried employee who becomes pregnant remains entitled to labor protection, maternity benefits, and fair treatment.

What If the Employer Forces the Employee to Resign?

A forced resignation may be treated as constructive dismissal.

Constructive dismissal happens when the employer does not directly say “you are fired,” but makes continued employment impossible, unreasonable, or unbearable. It can include:

Pressuring the employee to resign;
Threatening dismissal unless she signs a resignation letter;
Removing her duties after pregnancy disclosure;
Assigning her to a far or unsafe location without valid reason;
Reducing her pay or rank;
Harassing her about pregnancy or marital status;
Refusing to let her return after maternity leave.

A resignation letter is not automatically valid just because it was signed. Labor tribunals look at the circumstances. If the employee signed because she was threatened, misled, humiliated, or left with no real choice, the resignation may be challenged.

Practical Steps If You Were Terminated After Disclosing Pregnancy

1. Preserve all evidence immediately

Save copies of:

Employment contract;
Probationary appointment letter;
Company handbook;
Regularization standards;
Performance evaluations;
Coaching records;
Emails, Viber, Messenger, WhatsApp, Slack, Teams, or SMS messages;
Pregnancy disclosure message;
Medical certificate or ultrasound record;
SSS maternity notification;
Leave requests;
Termination letter or notice of non-regularization;
Payslips and proof of salary;
Certificate of employment, if any;
Witness names and contact details.

Do not rely only on memory. Labor cases often turn on documents.

2. Ask for the reason in writing

If the employer only Labor cases often turn on documents.

verbally said you are terminated, ask for a written notice stating the reason and effectivity date.

A simple message is enough:

“May I respectfully request a copy of the written notice stating the reason for my termination/non-regularization and the effective date, for my records.”

Avoid emotional arguments in writing. Keep communications calm and factual.

3. Do not sign a quitclaim unless you understand it

Many employees are asked to sign documents titled:

Resignation letter;
Waiver;
Release and quitclaim;
Final pay agreement;
Settlement;
Clearance form.

Signing a quitclaim does not always bar a labor case, especially if there was fraud, coercion, or unconscionably low payment. But it can make the case harder. Read everything carefully. Take photos or ask for copies before signing.

4. File a request through SEnA

Most labor disputes begin with SEnA, or the Single Entry Approach. It is a mandatory conciliation-mediation process handled by DOLE, NLRC, or related labor agencies to encourage settlement before a formal labor case proceeds.

SEnA generally lasts up to 30 calendar days. The National Conciliation and Mediation Board describes SEnA as a speedy, impartial, and inexpensive settlement process for labor and employment issues: NCMB Single Entry Approach.

During SEnA, the parties may discuss settlement, reinstatement, final pay, maternity benefits, backwages, or correction of records. If no settlement is reached, the matter may proceed to the proper office, usually the NLRC for illegal dismissal cases.

5. File an illegal dismissal complaint with the NLRC if unresolved

Illegal dismissal cases in the private sector are generally filed with the National Labor Relations Commission (NLRC) through the appropriate Regional Arbitration Branch. The NLRC website is here: National Labor Relations Commission.

The usual claims may include:

Illegal dismissal;
Constructive dismissal;
Reinstatement;
Full backwages;
Maternity benefits or salary differential, if applicable;
13th month pay;
Unpaid wages;
Service incentive leave pay;
Moral and exemplary damages, in proper cases;
Attorney’s fees, usually 10% of the monetary award when legally justified.

Illegal dismissal actions generally prescribe in four years from the time the cause of action accrued. In Arriola v. Pilipino Star Ngayon, Inc., the Supreme Court held that illegal dismissal complaints prescribe in four years because they involve injury to rights under Article 1146 of the Civil Code. Read the case here: Arriola v. Pilipino Star Ngayon, Inc..

Documents Usually Needed

Document	Why it matters
Employment contract or appointment letter	Shows probationary status, start date, salary, and position
Regularization standards	Shows whether the employer properly informed the employee of evaluation criteria
Performance evaluations	Helps prove whether the alleged poor performance is genuine
Termination or non-regularization notice	Shows the official reason and date of dismissal
Pregnancy-related records	Helps establish timing and context
SSS maternity documents	Shows maternity benefit steps and employer notice
Payslips or payroll records	Needed to compute backwages, salary differential, and other money claims
Messages from HR or supervisors	May show discriminatory motive or forced resignation
Company handbook	Shows disciplinary process and employer policies
Witness statements	Useful if comments or pressure were made verbally

Expected Timelines and Practical Bottlenecks

Stage	Usual practical timeline
Gathering documents	A few days to a few weeks
SEnA conciliation	Up to 30 calendar days, unless extended by agreement
NLRC mandatory conferences	Often several settings over weeks or months
Position papers	Usually submitted after conferences fail
Labor Arbiter decision	Can take months, depending on docket and complexity
NLRC appeal	Additional months
Court of Appeals or Supreme Court review	Can take years in contested cases

Common bottlenecks include missing documents, employers refusing to issue written notices, employees losing access to company email or chat accounts, and settlement discussions that do not clearly include maternity benefits or backwages.

Special Notes for Foreign Employees in the Philippines

A foreign woman working for a Philippines-based employer is generally protected by Philippine labor laws while working in the Philippines. Pregnancy-based dismissal may still be challenged even if the employee is not Filipino.

However, foreign employees should also consider immigration consequences. Many foreign nationals working in the Philippines need an Alien Employment Permit (AEP) from DOLE and an appropriate work visa, commonly a 9(g) visa. DOLE explains that foreign nationals intending to work with a Philippines-based employer generally need an AEP: DOLE Alien Employment Permit.

If employment is terminated, the visa and permit situation may be affected separately from the labor case. Keep copies of the employment contract, AEP, visa documents, passport pages, and company notices.

Special rules may apply to embassy employees, international organization staff, overseas employment contracts, seafarers, and workers hired abroad. In those cases, the proper forum and applicable law may be different.

Common Employer Defenses and How They Are Usually Tested

“She failed probation.”

The employer must show the standards, when they were communicated, how she was evaluated, and why she failed. A bare statement that she “did not qualify” is weak if unsupported by records.

“It was not because of pregnancy.”

Labor tribunals will look at timing, documents, remarks, prior performance, comparators, and consistency. If the employee was terminated immediately after disclosure, the employer needs strong evidence that the reason was genuinely unrelated.

“She resigned voluntarily.”

The employer has to prove voluntariness. If the employee was pressured, threatened, humiliated, or told resignation was the only way to avoid worse consequences, the resignation may be treated as involuntary.

“The company cannot afford maternity benefits.”

Avoiding maternity benefits is not a valid reason for dismissal. RA 11210 expressly prohibits discrimination against women to avoid the benefits provided by the law.

“She was absent because of pregnancy.”

The details matter. Unauthorized absences may still be addressed under company policy, but pregnancy-related medical issues, approved leave, maternity leave, and legally protected absences cannot be used as a disguised reason to dismiss or deny regularization.

Frequently Asked Questions

Can a probationary employee get maternity leave in the Philippines?

Yes. RA 11210 covers female workers in the private sector and government, subject to the requirements of the law. For private sector employees, SSS contribution requirements are important for SSS maternity benefits, but probationary status alone does not disqualify a worker from maternity protection.

Can my employer refuse to regularize me because I am pregnant?

No. Pregnancy should not be used as a reason to deny regularization. The employer may only deny regularization based on failure to meet reasonable standards made known at hiring, and the evaluation must be based on legitimate work-related criteria.

What if I was terminated one month before giving birth?

This is a serious red flag, especially if the employer knew you were pregnant. RA 11210 also provides protection for maternity benefits even when childbirth, miscarriage, or emergency termination of pregnancy happens shortly after termination, and it gives stronger consequences when the worker was terminated without just cause.

Is pregnancy out of wedlock a valid ground for dismissal?

Generally, no. The Supreme Court has ruled in cases such as Leus, Capin-Cadiz, and Union School International v. Dagdag that pregnancy outside marriage, by itself, is not automatically immoral conduct or serious misconduct justifying dismissal.

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

No. Asking, pressuring, or forcing an employee to resign because of pregnancy may amount to constructive dismissal. A signed resignation letter can still be questioned if it was not voluntary.

Can I be transferred to another branch after disclosing pregnancy?

A transfer is not automatically illegal. Employers have management prerogative. But a transfer may be illegal or amount to constructive dismissal if it is unreasonable, discriminatory, unsafe, punitive, involves demotion or reduced pay, or is imposed because of pregnancy.

Do I need to go to the barangay first?

For private sector labor disputes such as illegal dismissal, employees usually go through SEnA and then the NLRC process, not ordinary barangay conciliation. Labor cases are handled by labor agencies because they involve employer-employee relations.

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

Illegal dismissal cases generally prescribe in four years from the date the cause of action accrued. Still, it is better to act early because documents, messages, witnesses, and access to company systems can disappear quickly.

What can I recover if I win?

Possible remedies include reinstatement, backwages, unpaid wages, 13th month pay, maternity benefits or salary differential where applicable, damages in proper cases, and attorney’s fees. If reinstatement is no longer practical, separation pay in lieu of reinstatement may be awarded.

What if I am a government employee?

Government employees usually follow civil service rules and agency grievance procedures, with the Civil Service Commission involved in appropriate cases. RA 11210 also covers female workers in government service, but the forum and procedure differ from private sector NLRC cases.

Key Takeaways

An employer cannot terminate a probationary employee simply because she is pregnant.
Probationary employees still have security of tenure.
Pregnancy is not a just cause, authorized cause, or valid regularization standard.
A pregnant probationary employee may be dismissed only for a genuine legal reason unrelated to pregnancy.
RA 11210 protects maternity leave, security of tenure, and non-discrimination.
Pregnancy outside marriage is generally not a valid ground for dismissal.
Forced resignation, punitive transfer, demotion, or harassment after pregnancy disclosure may amount to constructive dismissal.
Important evidence includes the employment contract, regularization standards, evaluations, termination notice, pregnancy disclosure, SSS documents, payslips, and HR messages.
Most private sector labor disputes begin with SEnA and may proceed to the NLRC if unresolved.
Illegal dismissal cases generally prescribe in four years but acting early helps preserve evidence.