Below is a Philippine-specific legal primer on employee-side violations that can arise in connection with pregnancy and maternity leave. It is written from the standpoint of management–labor practitioners and HR compliance officers who must balance a pregnant worker’s statutory protections with legitimate grounds for discipline. It is not legal advice; always consult counsel for fact-specific situations.
1. Governing Statutes & Regulations
| Law / Issuance | Key Sections that Matter for “Employee Violations” | Notes |
|---|---|---|
| Labor Code of the Philippines (PD 442, as renumbered) | Arts. 133, 135–137 (old numbering)—now largely superseded by RA 11210; Art. 297 (just causes for dismissal); Art. 299 (abandonment) | Twin-notice and hearing requirements (DOLE D.O. 147-15) still apply to any disciplinary action. |
| RA 11210 (Expanded Maternity Leave Law, 2019) and IRR (DO IRR No. 001-2019) | Sec. 5 (105-day leave with pay); Sec. 6 (30-day extension w/o pay); Sec. 14 (prohibition vs. double compensation); Sec. 16 (penalties for fraud) | Repealed inconsistent provisions of the Labor Code. |
| RA 11199 (SSS Act of 2018) | Secs. 14–15 (maternity benefits, fraud penalties); Sec. 28(h) (penal clause) | False claims can lead to imprisonment of 6–12 years + fine ≥ ₱5,000. |
| RA 8187 (Paternity Leave Law) | Interacts with Sec. 7 of RA 11210 (7-day transferable leave) | Fraudulent allocation of transferable leave can attract liability for both spouses. |
| RA 9710 (Magna Carta of Women) | Sec. 22 (non-discrimination) | An employer cannot disguise pregnancy discrimination as “discipline.” |
| DOH Admin. Order 2011-0055 & DOLE–DOH Jt. AO 2019-0001 | Postpartum medical restrictions | Heavy work ≤ 60 days after delivery may endanger health and breach safety rules. |
| Revised Penal Code | Arts. 171–172 (falsification) | Applies to forged medical certificates, ultrasound reports, etc. |
2. Employee Obligations Before, During, and After Maternity Leave
| Stage | Mandatory Acts | Typical Evidence Required |
|---|---|---|
| Pre-leave | • Notify employer & SSS of pregnancy and expected date of delivery (MAT-1) • File SSS maternity benefit claim within prescriptive period |
MAT-1, OB-Gyne medical certificate, ultrasound report |
| During leave | • Refrain from gainful employment unless employer approves and employee waives pay for those days (RA 11210 IRR, §14-b) • Observe physician’s advice (e.g., no strenuous work for 60 days postpartum) |
Hospital discharge summary, medical progress notes |
| Post-leave | • Submit MAT-2 and child’s birth certificate • Return to work on agreed date or request extension (30 days unpaid) in writing |
MAT-2, PSA birth certificate, written extension request |
Failure to comply with any of the above can become a disciplinary matter if the employer can prove intent or gross negligence.
3. Typical “Employee Violations” and Their Legal Consequences
| Violation Scenario | What Makes It a Violation | Possible Employer Action | Statutory / Jurisprudential Basis |
|---|---|---|---|
| 1. Fraudulent SSS maternity claim (fake pregnancy, double claim, altered documents) | Intent to obtain benefits through falsity | Disciplinary charge for serious misconduct and/or fraud; file criminal case under RA 11199 & RPC falsification | Re: SSS v. Domingo (SSS Case Nos. …), administrative fines & imprisonment |
| 2. Moonlighting or working for another employer while on paid maternity leave | Sec. 14 RA 11210: “No double compensation.” | Deduct pay for days worked; possible refund of SSS reimbursement; sanction under company policy | DOLE-BWC Opinion, 26 Oct 2020 |
| 3. Abandonment / failure to report back to work after leave without notice | Requires (a) failure to report for work and (b) clear intent to sever employment | Termination for abandonment following twin notices & 30-day return-to-work directive | Interphil Laboratories, Inc. v. NLRC, G.R. No. 117675 (15 Nov 1996) |
| 4. Misrepresentation of delivery date to extend leave | Falsified medical certificate or PSA doc | Possible dismissal for serious dishonesty; recover overpaid salary | Art. 297(a) Labor Code; Victorinox Phils. v. Cañas, G.R. No. 226264 (10 Jan 2018) |
| 5. Unauthorized overseas travel while on leave | Violates company travel-authorization rules; may delay SSS filing | Written reprimand to dismissal (proportionality rule) | Fernando v. NLRC, G.R. No. 190436 (20 Aug 2014) |
| 6. Violation of confidentiality / non-compete during leave | Engaging in competitor’s business or leaking data, even while off-site | Standard disciplinary ladder; injunctive relief if trade secrets involved | IBM Phils. v. NLRC, G.R. No. 164060 (6 Jan 2016) |
| 7. Refusal to submit postpartum fitness-to-work clearance when reasonably required | Company may impose medical-safety rules; refusal can be insubordination | Suspension to dismissal, subject to reasonableness test | DO 147-15, §4(c) |
Important: Pregnancy itself cannot be treated as an infraction. The misconduct must be independent of reproductive status; otherwise, discipline becomes discrimination proscribed by RA 9710 and constitutional equal-protection guarantees.
4. Procedural Due Process for Disciplining a Pregnant or Post-Partum Employee
Issue a First Notice
- State the specific act (e.g., “filing a forged ultrasound report dated…”).
- Give at least 5 calendar days to submit a written explanation (DO 147-15).
Hold a Hearing (optional but strongly recommended)
- Allow counsel or union representative.
- Record minutes; attach exhibits (medical records, SSS verification, travel logs).
Evaluate Defenses
- Pregnancy-related complications (e.g., post-partum depression) may mitigate penalty.
Issue a Second Notice
- Disclose findings, cite rule violated, impose penalty (from reprimand up to dismissal).
Report any benefit fraud to SSS or DOLE Field Office if applicable.
Failure to observe the twin-notice rule converts a valid cause into illegal dismissal even if misconduct is proven (King of Kings Transport v. Mamac, G.R. No. 166208, 25 Jun 2008).
5. Criminal & Administrative Exposure Outside the Company
| Law | Offenses | Penalty Range |
|---|---|---|
| RA 11199 | Making false statements to obtain SSS maternity benefit | Fine ₱5,000–₱20,000 and/or 6–12 years’ imprisonment |
| Revised Penal Code, Arts. 171–172 | Falsification of medical certificates, civil registry docs | Prisión correccional (6 mo.–6 yrs.) |
| Article 172(3) RPC | Use of falsified documents | Same as falsification |
| Cybercrime Act (RA 10175) | If falsified docs transmitted electronically | One degree higher than RPC penalty |
| Administrative liability for professionals | Doctors who knowingly issue false medical certificates can face PRC suspension or revocation |
6. Illustrative Jurisprudence
| Case | Gist | Take-away |
|---|---|---|
| Philippine Journalists, Inc. v. Mosqueda (G.R. No. 168664, 9 Apr 2014) | Employee denied maternity pay; SC held employer liable. | Benefits cannot be withheld absent fraudulent conduct. |
| Cavite Apparel, Inc. v. Celino (G.R. No. 172044, 15 Feb 2012) | Refusal to render overtime due to pregnancy is not insubordination. | Health-based refusals are protected. |
| Star Paper Corp. v. Simbol (G.R. No. 164774, 12 Apr 2006) | Pregnant worker forced to resign. | Constructive dismissal + moral damages. |
| BPI v. NLRC & Diano (G.R. No. 164736, 19 Oct 2006) | Bank dismissed teller who failed to report post-leave; SC upheld dismissal for abandonment. | Absence must be coupled with intent to sever. |
7. Employer Compliance Checklist
Policy Clarity
- Include a maternity-leave guideline distinguishing statutory rights from company-imposed duties (e.g., travel approvals, moonlighting ban).
Documentation Discipline
- Use DOLE-prescribed forms (MAT-1, MAT-2).
- Require originals or PSA-authenticated birth certificates.
Reasonable Accommodation
- Offer WFH options vs. penalizing for doctor-advised rest.
Fraud-Detection Protocols
- Cross-check MAT-1 dates against ultrasound gestational age.
- Verify SSS benefit disbursements via My.SSS employer portal.
Proportional Sanctions
- Progressive discipline where intent is unclear; prioritize corrective rather than punitive measures if the infraction is minor or health-related.
8. Employee Best-Practice Tips
| Do | Don’t |
|---|---|
| File MAT-1 early (ideally before 20th week). | Don’t reuse old ultrasound images or borrow a friend’s sonogram. |
| Keep employer updated on expected delivery date changes. | Don’t operate a sideline business during paid leave without clearance. |
| Submit a written extension request if medical issues persist. | Don’t disappear after 105 days—silence can be construed as abandonment. |
| Ask HR for copy of maternity policy & benefit computations. | Don’t sign quitclaims that waive maternity pay without counsel review. |
9. Key Take-Aways
Statutory maternity leave is a right, not a privilege—but it is not a blank check. Pregnant employees must still observe honesty, attendance, and safety rules.
Fraud and abandonment remain valid grounds for dismissal, even for pregnant or post-partum workers, provided due process is scrupulously observed.
Discrimination is a real risk for employers. The act punished must be wholly distinct from pregnancy, and penalties must be comparable to those imposed on non-pregnant employees for the same offense.
Proper documentation protects both sides. Clear policies, accurate medical records, and adherence to DOLE/SSS forms minimize disputes.
Disclaimer
This article summarizes Philippine statutes and decided cases up to 7 July 2025. It is meant for academic and HR policy guidance only and does not create an attorney-client relationship. For specific cases, consult a qualified Philippine labor lawyer.