here’s a practitioner-grade explainer on Dismissal of a Pregnant Employee under Philippine Labor Law—protections, what’s lawful vs. unlawful, due-process requirements, remedies, and practical playbooks for employers and employees. general information only, not legal advice.

1) Core rule: pregnancy is never a lawful ground for dismissal

Security of tenure applies equally to pregnant workers. Termination must be based on just causes (serious misconduct, willful disobedience, gross and habitual neglect, fraud/breach of trust, crime against the employer, analogous causes) or authorized causes (installation of labor-saving devices, redundancy, retrenchment, closure, or disease certified incurable within six months by a competent public health authority).
Pregnancy is not a disease and does not qualify under the “disease” ground.
Any dismissal because of pregnancy, childbirth, or related conditions is discriminatory and illegal (violates the Labor Code’s anti-discrimination provisions and the Magna Carta of Women), and if timed to avoid maternity benefits it also offends the Expanded Maternity Leave Law policy.

2) What employers may (and may not) do

Flatly prohibited

Fire, lay off, or force the resignation of a worker because she is pregnant, intends to take maternity leave, or has pregnancy-related medical appointments or temporary restrictions.
Cut hours/pay, demote, deny promotion or training, remove from roster, or reassign to punitive posts due to pregnancy (adverse employment action = constructive dismissal).
Refuse to reinstate after maternity leave when the position still exists and the worker is fit to return.
Make pregnancy tests or proof of non-pregnancy a condition for hiring/continuance (except where bona fide occupational qualifications and safety laws genuinely require it, which is rare and narrowly construed).

Potentially lawful (strict conditions)

Dismissal for just cause unrelated to pregnancy (e.g., proven theft) with full due process.
Termination for authorized cause (e.g., redundancy) that is genuine, business-driven, fairly applied, and properly documented (30-day written notice to DOLE and the employee, fair criteria, separation pay where required). Pregnancy cannot be the real reason.
Temporary accommodation or transfer for safety/medical reasons, ideally with the employee’s consent and without loss of pay/benefits unless allowed by law and policy.

3) Maternity leave & related rights (quick map)

Expanded Maternity Leave Law (EMLL, R.A. 11210).
- 105 days paid leave for live childbirth (with option to extend by 30 days unpaid).
- 120 days if solo parent (plus the optional 30 unpaid).
- 60 days for miscarriage or emergency termination of pregnancy.
- Pay is based on the SSS maternity benefit; employers of SSS-covered workers advance the benefit and are reimbursed by SSS (policy nuances apply to separated workers).
No dismissal/penalty for taking or planning to take maternity leave.
Security of tenure during leave: you return to the same or equivalent position (pay, rank, benefits) when fit to report.

Even if employment ends lawfully for reasons unrelated to pregnancy before childbirth, an otherwise eligible worker can still receive SSS maternity benefits (SSS pays directly when there is no employer to advance).

4) Due-process standards still apply (even in non-pregnancy cases)

Just cause: the two-notice, one-hearing rule—(1) Notice to Explain with specific charges and evidence; (2) Opportunity to be heard (written explanation and/or conference); (3) Final notice of decision stating the factual/legal basis.
Authorized cause: 30-day prior written notice to the worker and DOLE, compliance with fair and reasonable criteria, and payment of separation pay where the law requires.
Failure to follow due process → at minimum nominal damages; if cause is also invalid or discriminatory → illegal dismissal with full remedies (see §8).

5) Discrimination & proof (how cases are analyzed)

Employees rarely get a “smoking gun.” Tribunals infer discrimination from timing and patterns:
- Dismissal, demotion, or forced leave soon after disclosure of pregnancy;
- Remarks about “costs” of maternity or “availability” during pregnancy;
- Selective enforcement of rules (others aren’t punished; pregnant worker is).
Burden-shifting logic: once the worker shows prima facie pregnancy-related adverse action, the employer must prove a legitimate, non-discriminatory reason and that it actually motivated the action (with records).

6) Practical accommodations for pregnancy (good-faith compliance)

Scheduling: time off for prenatal checkups; avoid overtime/night work if medically restricted.
Temporary limits: respect doctor-advised lifting/standing restrictions; adjust tasks without pay cuts where feasible.
Leave stacking: coordinate maternity leave with earned leaves or 30-day unpaid extension; protect benefits continuity per policy and law.
Breastfeeding: after return, provide lactation breaks and lactation station consistent with workplace standards.

7) Red flags that suggest illegal or constructive dismissal

“Resign now, we’ll rehire after you give birth.”
Removal from work schedule/portal access immediately after HR learns of the pregnancy.
Being written up for trivial matters for the first time after disclosure.
Forced transfer to an inferior post with reduced pay or commissions.
Denial of return from maternity leave (“position already filled”) without valid business grounds and redeployment.

8) Remedies if unlawfully dismissed (what a winning case yields)

Reinstatement without loss of seniority rights and full backwages (basic pay plus regular allowances and benefits) from dismissal until actual reinstatement; or
Separation pay in lieu of reinstatement (if reinstatement is no longer viable) plus backwages to finality.
Moral/exemplary damages where bad faith or oppression is proven.
Attorney’s fees (commonly 10% of the monetary award).
Unpaid wages/benefits, including any maternity-related benefits wrongfully withheld.
Administrative penalties may also be imposed on the employer under women-protection statutes.

9) Employer playbook (do this, not that)

Train managers on pregnancy-neutral decision-making and documentation.
Channel any performance/discipline cases through standard HR process with dated evidence before pregnancy disclosure when applicable.
Offer reasonable accommodations supported by medical notes.
Map the maternity leave calendar early (handover plan, backfill, return-to-work meeting).
Keep paper trails: notices, explanations, evaluation forms, accommodation memos.

Don’t

Ask or demand pregnancy tests except where lawful and necessary.
Tie pay, commission eligibility, or continued assignment to “not getting pregnant.”
Time a redundancy/closure around one worker’s pregnancy. If there’s a bona fide authorized cause, show business-wide criteria and apply them consistently.
Replace a pregnant worker permanently during leave unless a genuine authorized cause exists (and you can prove it).

10) Employee playbook (step-by-step if you’re pregnant)

Notify HR in writing (short email) and attach a doctor’s note if you need work restrictions; keep copies.
Request reasonable accommodation (schedule, task limits) tied to medical guidance.
Prepare for EMLL: confirm eligibility, SSS contributions, expected dates, and who advances the benefit.
If you receive a Notice to Explain, respond—don’t ignore it. Refute facts, attach evidence, and attend the conference.
If you are terminated or forced to resign:
- Send a written protest (email/letter) stating you believe it’s pregnancy-related and discriminatory.
- File SEnA (DOLE Single-Entry Approach) to try an early settlement; if unresolved, file an illegal dismissal complaint with the NLRC.
- Preserve evidence: messages, schedules, evaluations, HR emails, CCTV logs (if relevant), medical notes, and your timeline.
For maternity benefits: if separated, apply directly with SSS for payment and requirements.

11) Special situations & tricky edges

Probationary employment: Pregnancy does not cut short the probationary period. Non-regularization must be for failure to meet reasonable, written standards communicated at hiring—not because of pregnancy or expected absence.
Project/seasonal work: Engagement ends upon project completion/season end if genuine; pregnancy can’t be a reason to end early.
Fixed-term contracts: Lawful if bona fide; non-renewal because of pregnancy may be treated as illegal dismissal or illegal non-renewal.
Attendance/performance: Legitimate discipline for real infractions (e.g., unexcused absences not medically supported) may proceed—but document and apply uniformly across employees.
Safety-sensitive roles: Temporary reassignment is fine if medical and safety grounds exist and there’s no loss of pay unless allowed by law/policy and explained to the worker.

12) Quick docs & templates (lean, ready to adapt)

A. Pregnancy Notice & Accommodation Request (employee)

Subject: Pregnancy Notification and Accommodation Request Dear HR, I am pregnant (expected delivery [date]). My OB has advised [restriction] (note attached). I request [schedule/task] adjustments and will coordinate on my EMLL dates. Thank you.

B. Neutral Notice to Explain (employer)

Subject: Notice to Explain – [Allegation] This is independent of your pregnancy and concerns [specific incident, date, policy violated]. Please submit a written explanation within [x] days and attend a conference on [date/time]. You may bring supporting documents.

C. Protest of Forced Resignation (employee)

I signed the resignation under pressure on [date] after being told I would be terminated because of my pregnancy/leave. I withdraw it and request immediate reinstatement; otherwise I will file for illegal dismissal.

13) FAQs

Q: Can my employer legally dismiss me while I’m pregnant? A: Only for valid causes unrelated to pregnancy and with full due process. Dismissal because of pregnancy is illegal.

Q: Can they refuse my return after maternity leave? A: No, unless a lawful authorized cause occurred (e.g., genuine redundancy/closure) and all legal requirements (notice, separation pay) were met.

Q: I’m probationary. Can they end me for “unavailability”? A: If “unavailability” = your maternity leave, that’s discriminatory. Non-regularization must be grounded on objective standards you failed to meet, not on pregnancy/leave.

Q: I was dismissed right after telling HR I’m pregnant. What now? A: Gather evidence, send a written protest, file SEnA quickly, and prepare an NLRC case for illegal dismissal and damages if unresolved.

Q: Do I lose SSS maternity if separated before giving birth? A: Not necessarily. If you meet SSS contribution requirements, you can claim directly from SSS (documentation required).

Bottom line

Pregnancy is not a lawful ground for dismissal. Any adverse action because of pregnancy or maternity leave is discriminatory and illegal.
Employers may still act on genuine just/authorized causes, but they must prove the reason is independent of pregnancy and that due process was followed.
Workers who are dismissed or coerced to resign because of pregnancy can secure reinstatement or separation pay in lieu, backwages, and damages, and should also assert their maternity-leave benefits.

if you share your role (employer or employee), your timeline, and the key documents you have, I can draft a tailored action plan (letters, notices, and a timeline of next steps) that fits your exact situation.