No. In the Philippines, an employer cannot legally terminate, refuse to continue, demote, or push out an employee simply because she is pregnant, on maternity leave, recently gave birth, had a miscarriage, or might become pregnant again. Pregnancy is not a valid ground for dismissal. If the real reason for the termination is pregnancy, the employee may have a claim for illegal dismissal, unpaid maternity benefits, discrimination, damages, and other monetary awards.

This issue often happens quietly. The employer may not write “pregnancy” in the termination letter. Instead, the employee may suddenly receive a poor evaluation, be told she is “not fit,” be marked absent while on pregnancy-related leave, be pressured to resign, or be informed that her probationary employment will no longer continue. The legal question is not only what the paper says, but what the facts show.

Is It Illegal to Fire an Employee Because She Is Pregnant?

Yes. Philippine labor law expressly prohibits pregnancy-related dismissal.

Under the Labor Code of the Philippines, it is unlawful for an employer to:

deny a woman employee benefits provided by law;
discharge her to prevent her from enjoying maternity or other labor benefits;
discharge her on account of pregnancy;
discharge her while she is on leave or in confinement due to pregnancy; or
refuse to admit her back to work because the employer fears she may become pregnant again. (Supreme Court E-Library)

This provision is commonly cited as Article 137 of the Labor Code in older cases and materials. In renumbered versions, it is often shown as Article 135 [137], Prohibited Acts. The numbering may vary depending on the codal or source, but the rule is the same: pregnancy cannot be used as a reason to remove a woman from work.

The protection is also consistent with the broader constitutional and statutory policy of equal work opportunity regardless of sex, security of tenure, and protection to labor. The Supreme Court has repeatedly recognized that employment policies that penalize women for marriage, pregnancy, or family status are contrary to Philippine labor policy. In Philippine Telegraph and Telephone Company v. NLRC, the Court struck down discriminatory employment treatment tied to a woman employee’s marital status and emphasized the Labor Code’s protection against prejudice toward women workers. (Lawphil)

What Rights Does a Pregnant Employee Have in the Philippines?

A pregnant employee has the same basic employment rights as other employees, plus specific protections related to maternity, health, and non-discrimination.

1. Security of tenure

Security of tenure means an employee cannot be dismissed except for a valid legal cause and after due process. Article 294 of the Labor Code, formerly Article 279, provides that an employee who is unjustly dismissed is entitled to reinstatement without loss of seniority rights and other privileges, plus full backwages and other benefits. (Lawphil)

This applies to regular employees and, in a more limited way, to probationary employees. A probationary employee may be dismissed only for:

a just cause;
an authorized cause; or
failure to meet reasonable standards made known at the time of engagement.

Pregnancy is not one of those grounds. A company cannot simply say, “probationary ka pa lang,” then end the employment because the employee disclosed her pregnancy. Article 296 of the Labor Code allows termination of probationary employment for failure to qualify under reasonable standards made known at hiring, but that rule cannot be used as a cover for pregnancy discrimination. (Labor Law PH Library)

2. Maternity leave under RA 11210

The main maternity leave law is Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law, enacted in 2019. It grants covered female workers:

Situation	Paid maternity leave
Live childbirth, whether normal or caesarean delivery	105 days
Qualified solo parent under RA 8972, as amended	Additional 15 days
Optional extension after live childbirth	Additional 30 days without pay
Miscarriage or emergency termination of pregnancy	60 days

RA 11210 applies regardless of civil status, legitimacy of the child, and frequency of pregnancy. In other words, the benefit is not limited to married employees or to the first few pregnancies. (Lawphil)

For private-sector employees, the SSS maternity benefit is a daily cash allowance for childbirth, miscarriage, or emergency termination of pregnancy. SSS states that the benefit is granted in every instance of childbirth, miscarriage, or emergency termination of pregnancy, regardless of civil status, employment status, legitimacy of the child, and frequency of pregnancy, subject to contribution and filing rules. (Social Security System)

3. Protection against demotion or termination for using maternity benefits

The Expanded Maternity Leave Law and its implementing rules protect women from being penalized for availing of maternity benefits. The benefit should not be used as a basis for demotion or termination. The employer also cannot discriminate against women to avoid paying or processing benefits. (aislinnlim.files.wordpress.com)

4. Protection under the Magna Carta of Women

The Magna Carta of Women, or Republic Act No. 9710 of 2009, reinforces the State policy against discrimination and recognizes women’s rights to health, decent work, equal opportunity, and protection from gender-based discrimination. It also provides that private entities or individuals responsible for violations may be liable for damages, and that filing a complaint under the law does not prevent the woman from pursuing other legal remedies. (Lawphil)

When Pregnancy-Related Termination Is Usually Illegal

A termination is highly suspect when the timing and circumstances suggest that pregnancy was the real reason.

Common examples include:

the employee is terminated shortly after informing HR or her supervisor that she is pregnant;
the employer says the job is “too stressful” or “not suitable” for a pregnant woman, without offering lawful accommodation or discussing actual work limitations;
the employee is told to resign because maternity leave will be “too long”;
a probationary employee receives good feedback before pregnancy disclosure, then suddenly fails evaluation afterward;
a fixed-term or project employee’s contract is not renewed for reasons that appear inconsistent with past practice;
the employee is removed from the schedule after submitting maternity documents;
the employer refuses her return to work after childbirth or miscarriage;
the company claims redundancy but only the pregnant employee is affected;
HR delays or refuses SSS maternity processing because the employee is “leaving anyway.”

In a labor case, the employer may argue that the dismissal was due to poor performance, redundancy, misconduct, absences, or expiration of contract. The employee’s task is to show facts that connect the termination to pregnancy, maternity leave, or the employer’s desire to avoid maternity obligations.

Can an Employer Terminate a Pregnant Employee for Other Reasons?

Yes, but only if the reason is genuine, lawful, and supported by due process.

Pregnancy does not give automatic immunity from all discipline or lawful termination. An employer may still terminate a pregnant employee for a valid just cause or authorized cause under the Labor Code, but the employer must prove that the ground is real and not a pretext.

Just causes

Just causes usually involve employee fault or misconduct, such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, breach of trust, commission of a crime against the employer or the employer’s family or representative, or analogous causes under Article 297 of the Labor Code.

For just-cause dismissal, due process generally requires:

a written notice specifying the acts or omissions charged;
a real opportunity to explain and be heard; and
a written notice of decision explaining the reason for dismissal.

Authorized causes

Authorized causes are business-related or health-related grounds, such as redundancy, retrenchment, closure, installation of labor-saving devices, or disease under Articles 298 and 299 of the Labor Code.

For authorized-cause termination, the employer generally must give written notice to both the employee and DOLE at least 30 days before the intended termination and must pay the required separation pay when applicable. The Bureau of Labor Relations explains that authorized-cause dismissal requires written notice specifying the ground at least 30 days before termination. (Dole Regional Office)

The key question

The question is not simply, “Was the employee pregnant?” The better question is:

Would the employer have made the same decision, at the same time, with the same evidence, if the employee were not pregnant?

If the answer is no, the termination may be discriminatory or illegal.

What If the Employer Forces the Pregnant Employee to Resign?

Forced resignation may amount to constructive dismissal.

Constructive dismissal happens when the employer does not directly fire the employee but makes working conditions so hostile, humiliating, or unreasonable that the employee is left with no real choice but to resign.

Examples include:

telling the employee, “Mag-resign ka na lang para malinis record mo”;
threatening termination if she does not sign a resignation letter;
removing duties, access, or schedule after pregnancy disclosure;
transferring her to a more difficult or unreasonable assignment because she is pregnant;
repeatedly shaming her for being pregnant;
withholding salary or benefits to pressure her to leave.

A resignation letter does not automatically defeat a labor claim. Labor tribunals look at the surrounding facts. If the resignation was not voluntary, it may still be treated as illegal dismissal.

What Should a Pregnant Employee Do If She Is Fired or Pressured to Resign?

Act quickly and document everything. Labor cases are often won or lost on records, timing, and consistency.

Step 1: Keep copies of employment records

Save or photograph:

employment contract;
job offer;
company ID;
payslips;
time records or schedules;
HR memos;
performance evaluations;
notices to explain;
termination letter;
resignation letter, if any;
messages from HR, supervisors, or managers;
emails about pregnancy, maternity leave, SSS, or return-to-work;
medical certificate, ultrasound, pregnancy test, or maternity notification documents.

Do not rely only on verbal conversations. If something important was said verbally, make a dated note immediately after the conversation.

Step 2: Avoid signing unclear documents

Many employees are told to sign documents “for clearance” or “for records.” Read carefully before signing.

Be careful with documents labeled:

resignation;
quitclaim;
waiver;
release;
final settlement;
voluntary separation;
clearance with no further claims.

If you already signed because of pressure, the document may still be challenged, but it is better not to sign anything unclear in the first place.

Step 3: Ask for the written reason for termination

If the employer only gave a verbal notice, ask for the reason in writing. A simple message may help:

“For my records, may I request the written reason and effective date of my termination/non-regularization?”

The employer’s response, delay, or refusal can become relevant later.

Step 4: File through SEnA if settlement is possible

Most labor disputes start with SEnA, or the Single Entry Approach, a mandatory conciliation-mediation process handled by DOLE offices and attached agencies. DOLE describes SEnA as a mechanism where an aggrieved worker may file a Request for Assistance with the appropriate regional office where the employer principally operates. (ncr.dole.gov.ph)

SEnA is meant to be faster and less formal than a full labor case. The process is generally completed within 30 calendar days. (Dole Regional Office)

You may file:

onsite at the appropriate DOLE, NLRC, or NCMB office; or
online through official DOLE/agency channels such as the DOLE e-services page or available regional SEnA portals. (Department of Labor and Employment)

Step 5: File an illegal dismissal complaint with the NLRC if unresolved

If SEnA fails or the case involves a termination dispute that must proceed formally, the complaint is usually filed with the National Labor Relations Commission (NLRC) Regional Arbitration Branch.

The NLRC FAQ states that illegal dismissal claims prescribe in four years from accrual of the cause of action. (National Labor Relations Commission)

The Supreme Court in Arriola v. Pilipino Star Ngayon, Inc. explained that illegal dismissal claims are governed by the four-year period under Article 1146 of the Civil Code because illegal dismissal is an injury to the rights of the employee. Claims for backwages and damages arising from illegal dismissal also follow that four-year period. (Supreme Court E-Library)

Do not wait until the deadline is near. Delay can weaken evidence, make witnesses harder to contact, and create factual issues about whether the employee truly objected to the dismissal.

What Can the Employee Claim in an Illegal Dismissal Case?

Depending on the facts, the employee may claim:

Possible claim	What it means
Reinstatement	Return to work without loss of seniority rights
Full backwages	Wages and benefits lost because of illegal dismissal
Separation pay in lieu of reinstatement	Money award when reinstatement is no longer feasible
Unpaid wages or benefits	Salary, 13th month pay, leave conversions, differentials, or other earned benefits
Maternity benefits or salary differential	Amounts due under RA 11210, SSS rules, and company policy
Moral damages	For bad faith, discrimination, humiliation, or oppressive conduct, if proven
Exemplary damages	To deter similar wrongful conduct, if the employer acted in a wanton or oppressive manner
Attorney’s fees	Usually claimed when the employee was forced to litigate to recover lawful amounts

Not every case results in all these awards. The labor arbiter will look at the employment status, cause of dismissal, due process, proof of pregnancy-related motive, wage records, and applicable benefits.

Documents Commonly Needed

Prepare both digital and printed copies when possible.

Document	Why it matters
Employment contract or job offer	Shows position, start date, salary, probationary or regular status
Payslips and payroll records	Proves salary rate and unpaid amounts
SSS records or screenshots	Helps verify contributions and maternity benefit issues
Pregnancy proof	Ultrasound, medical certificate, lab result, or doctor’s note
Maternity notification or leave application	Shows employer knew of the pregnancy
HR messages and emails	Often crucial for proving timing and motive
Termination or non-regularization letter	Shows the employer’s stated reason
Performance evaluations	Useful if the employer suddenly claims poor performance
Attendance records	Important if absences were pregnancy-related or approved
Witness names	Co-workers may confirm statements, pressure, or company practice

For SSS maternity benefits, the employee generally needs qualifying contributions and proper notification. SSS states that a female member must have at least three posted monthly contributions within the 12-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy. For employed members, the pregnancy should be reported to the employer, and the employer transmits the notification to SSS through its employer account. (Social Security System)

Special Situations

Probationary employee got pregnant before regularization

A probationary employee can still be evaluated based on reasonable standards made known at hiring. But pregnancy cannot be the real reason for non-regularization.

Red flags include:

no written standards were given at the start;
positive feedback suddenly changed after pregnancy disclosure;
the evaluation mentions absences or medical appointments without considering approved leave or medical documentation;
the supervisor made remarks about maternity leave, inconvenience, or pregnancy risk.

Employee was absent because of pregnancy complications

Absences should be handled based on company policy, medical documentation, and applicable leave rules. Pregnancy-related medical issues do not automatically excuse all absences, but an employer should not use pregnancy complications as a shortcut to dismissal, especially when the employee gave notice, submitted documents, or requested lawful leave.

Employee was dismissed before giving birth

If the dismissal is illegal and connected to pregnancy, the employee may still pursue illegal dismissal and maternity-related monetary claims. Under RA 11210 guidance, maternity leave benefits may still accrue in certain situations even if childbirth, miscarriage, or emergency termination occurs shortly after termination, subject to the law and SSS rules. (aislinnlim.files.wordpress.com)

Employee had a miscarriage

Miscarriage is covered by maternity leave and SSS maternity benefit rules. SSS identifies miscarriage and emergency termination of pregnancy as covered contingencies, with a 60-day compensable period if the member qualifies. (Social Security System)

An employer should not dismiss, shame, or penalize an employee because she had a miscarriage or needed time off for medical recovery.

Foreign employee working in the Philippines

Foreign nationals legally employed in the Philippines are generally protected by Philippine labor standards while working here, unless a specific law or treaty provides otherwise. Practical issues may arise with:

work visa status;
employment contract choice-of-law clauses;
employer registration with SSS or equivalent arrangements;
location of work if the employee is remote or abroad;
enforceability against a foreign employer with no Philippine presence.

If the work is performed in the Philippines for a Philippine employer, the employee should usually start with Philippine labor remedies such as SEnA and NLRC.

Overseas Filipino worker or remote employee abroad

For OFWs and remote workers, the correct forum depends on the employer, contract, recruitment arrangement, and place of deployment. Some overseas employment disputes may involve the Department of Migrant Workers, POEA-era rules, Philippine Overseas Labor Offices, or foreign labor authorities. Pregnancy-related termination may still be wrongful, but the process can differ from a local NLRC case.

Frequently Asked Questions

Can my employer fire me after I tell them I am pregnant?

Not because of pregnancy. If the termination happened soon after disclosure, keep records of the timing, messages, and stated reason. The employer must prove a valid cause unrelated to pregnancy and must observe due process.

Can a company refuse to regularize me because I am pregnant?

No. A probationary employee may be non-regularized only for lawful reasons, such as failure to meet reasonable standards made known at the start of employment. Pregnancy, maternity leave, or fear of future absences is not a valid reason.

What if HR says I should resign because I am pregnant?

A resignation must be voluntary. If HR pressures, threatens, or misleads you into resigning, it may be constructive dismissal. Keep messages, recordings where legally obtained, witness names, and copies of any resignation or clearance documents.

Can I be dismissed while on maternity leave?

An employer cannot dismiss a woman because she is on maternity leave or in confinement due to pregnancy. A dismissal during maternity leave is highly sensitive and must be supported by a genuine lawful ground and proper procedure.

Do I still get maternity benefits if I am unmarried?

Yes. RA 11210 and SSS maternity rules apply regardless of civil status and legitimacy of the child, subject to qualifying conditions such as SSS contributions for private-sector employees. (Social Security System)

Can my employer ask if I am pregnant during hiring?

Employers should avoid pregnancy-based hiring decisions. Refusing to hire a qualified applicant because she is pregnant may be discriminatory. In practice, proving this can be difficult unless there are messages, interview statements, or patterns showing pregnancy was the reason.

What if the employer says I was terminated for poor performance?

Poor performance must be proven with records, fair standards, and due process. If the poor-performance claim appeared only after pregnancy disclosure, or contradicts prior evaluations, it may be challenged as a pretext.

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

Illegal dismissal claims generally prescribe in four years from the date the cause of action accrued. The Supreme Court in Arriola confirmed that this four-year period applies to illegal dismissal and related backwages and damages claims. (Supreme Court E-Library)

Where do I file a complaint for pregnancy-related dismissal?

Many cases begin with SEnA through DOLE, NLRC, or an attached agency. If unresolved, an illegal dismissal complaint is usually filed with the NLRC Regional Arbitration Branch that has jurisdiction over the workplace or employer. (ncr.dole.gov.ph)

Can I claim damages for pregnancy discrimination?

Yes, if the facts support it. Aside from labor remedies, the Magna Carta of Women recognizes remedies for violations involving discrimination and states that filing under the law does not prevent the offended party from pursuing other remedies available under existing laws. (Lawphil)

Key Takeaways

An employer in the Philippines cannot terminate an employee because of pregnancy.
The Labor Code expressly prohibits dismissing a woman on account of pregnancy, while on pregnancy-related leave or confinement, or upon return to work because she may become pregnant again.
Pregnant employees are protected by security of tenure, RA 11210, SSS maternity benefit rules, and anti-discrimination principles under the Magna Carta of Women.
Pregnancy does not prevent lawful discipline or termination for genuine just or authorized causes, but the employer must prove the ground and follow due process.
Forced resignation, sudden non-regularization, demotion, schedule removal, or refusal to return the employee to work may be challenged if pregnancy is the real reason.
Start preserving documents immediately: contracts, payslips, medical records, maternity notices, HR messages, termination letters, and performance reviews.
Most disputes begin with SEnA, and unresolved illegal dismissal cases are generally filed with the NLRC.
Illegal dismissal claims generally have a four-year prescriptive period, but employees should act much earlier to protect evidence and benefits.