Illegal Dismissal After Miscarriage under Philippine Labor Law

(A comprehensive legal article)

1. Framing the Issue

A miscarriage—or “emergency termination of pregnancy” in Philippine statutes—should never cost a woman her livelihood. Yet dismissals (or forced resignations) linked to miscarriage still occur. Under Philippine labor jurisprudence, terminating employment on this ground is both illegal dismissal and gender–based discrimination. This article pulls together every doctrinal strand—constitutional, statutory, regulatory, and jurisprudential—so practitioners, employees, and employers alike can see the full picture.

2. Key Legal Sources

Level	Provision / Instrument	Core Protection
Constitution	Art. II §14; Art. XIII §3	Special protection for women; security of tenure.
Labor Code (PD 442, as renumbered by RA 10395)	Art. 134 (now Art. 135): It is unlawful to discharge a woman “by reason of her pregnancy or while on leave or in confinement due to pregnancy‑related illness.” Penalties in Art. 302–306.
RA 11210 (Expanded Maternity Leave Law, 2019) + IRR §5	60‑day paid leave for miscarriage; dismissal during such leave = illegal.
RA 11199 (Social Security Act of 2018)	SSS reimburses employer for the 60‑day benefit; sickness‑type benefit if miscarriage occurs after separation but within 15 days.
RA 9710 (Magna Carta of Women)	Broad anti‑discrimination & due diligence obligations of employers.
RA 7877 (Anti‑Sexual Harassment) & RA 11313 (Safe Spaces)	Retaliatory dismissal after reporting abusive conduct tied to miscarriage may constitute separate offenses.
RA 11036 (Mental Health Act)	Indirectly relevant—employers must provide a safe, non‑discriminatory workplace, with support for mental‑health consequences of miscarriage.
SSS Circular 2021‑002	Documentary requirements for miscarriage benefits.
DOLE Department Order 147‑15	Clarifies due‑process steps; pregnancy‑related dismissals require just or authorized cause proved with substantial evidence.

3. What Constitutes “Illegal Dismissal” After Miscarriage?

No just or authorized cause Miscarriage is NEVER itself a cause. The employer must prove one of the Labor Code’s exhaustive just causes (e.g., serious misconduct) or authorized causes (e.g., redundancy).
Violation of maternity‑leave security Dismissal during the 60‑day miscarriage leave—or while the woman is on extended doctor‑certified recuperation—automatically fails the “just cause” test.
Constructive dismissal Demotions, wage cuts, or workload spikes that force a woman recovering from miscarriage to resign are treated as illegal dismissal.
Procedural infirmities Even if a theoretical cause exists, twin‑notice and hearing requirements must still be observed. Non‑compliance equals illegal dismissal plus nominal damages.

4. Employer Obligations Post‑Miscarriage

Obligation	Details	Common Pitfalls
Grant 60‑day leave with full pay	Counting starts day after miscarriage; may be extended by approved sick/vacation leave.	Conditioning leave on substitution with vacation leave; delayed SSS reimbursement filing.
Maintain security of tenure	No termination/demotion/transfer sans cause & due process.	“Project” or “contractual” labeling to skirt protection.
Adjust work & provide accommodations	Light‑duty assignments, flexible hours if medically required.	Requiring early return to work or refusing accommodations.
Preserve benefits seniority & service credits	Leave period is considered “time worked.”	Resetting evaluations or denying annual bonuses.
Confidentiality	Medical data must be kept private.	Gossip or disclosure leading to hostile environment, risking employer liability under RA 11313.

5. Employee Remedies

NLRC complaint – File within 4 years (or 3 years for money claims) from dismissal.
Reinstatement – Without loss of seniority rights; if impracticable, separation pay in lieu.
Back wages – From dismissal date until reinstatement/separation‑pay finality.
Moral & exemplary damages – Awarded where bad‑faith or discriminatory animus is shown.
Attorney’s fees – 10 % of monetary award when employee compelled to litigate.
Criminal action – Art. 306 imposes fine / imprisonment; seldom pursued but may be initiated by DOLE.

6. Illustrative Supreme Court Jurisprudence

Case	G.R. No. / Date	Holding & Doctrine
PLDT v. NLRC & Robles	152032, 30 Jan 2008	Dismissal of high‑risk pregnant employee after repeated medical leaves = illegal; pregnancy‑related conditions are protected.
Jardine Davies v. NLRC	104714, 04 June 1998	Employer’s claim of redundancy belied by hiring replacements soon after pregnant worker’s dismissal; redundancy must be genuine.
Abbott Laboratories v. Alcaraz	192571, 23 Apr 2013	Non‑regular pregnant probationary employee enjoys same protection; evaluation standards must be fair and pregnancy‑neutral.
Phil. Airlines v. NLRC	119626, 13 Nov 1997	Flight attendant dismissed supposedly for safety concerns; SC found gender‑based discrimination masquerading as safety policy.
E.D.S. Mfg. Inc. v. NLRC	122550, 17 Dec 1999	Forced resignation after miscarriage‑related absences = constructive dismissal; awards moral damages.

Note: While not all cases involve miscarriage specifically, the Court consistently equates pregnancy‑based dismissal (including miscarriage leave) with invalid termination.

7. Interplay with Social‑Security & Health Benefits

SSS Cash Maternity Benefit – 100 % of average daily salary credit × 60 days. Employer pays upfront; reimbursed by SSS.
PhilHealth – Covers medical costs of dilation & curettage (D&C) or other miscarriage interventions.
Occupational Safety & Health Standards – Employers must provide on‑site first‑aid and emergency medical care.

8. Best‑Practice Guidelines for Employers

Policy Framework – Issue a stand‑alone Pregnancy & Loss policy aligning with RA 11210 and RA 9710.
Training – Educate managers on compassionate handling, documentation, and confidentiality.
Return‑to‑Work Program – Gradual ramp‑up, flexible scheduling, counseling access.
Audit & Update Contracts – Ensure no “termination at will” clauses that contravene Article 301.
Maintain Proof – Keep all notices, medical certificates, and disciplinary records to meet the employer’s burden of proof in any litigation.

9. Frequently‑Asked Questions

Question	Answer
May an employer check hospital records?	Only with written employee consent per the Data Privacy Act; otherwise, rely on medical abstract or certificate.
What if the miscarriage leave overlaps with company shutdown?	Leave runs continuously; shutdown days are still paid by employer (later reimbursed by SSS).
Can the employee waive the 60‑day leave?	Yes, but waiver must be informed, voluntary, and in writing; DOLE discourages it for health reasons.
Is part‑time or project‑based staff covered?	Protection applies to all women employees regardless of status, tenure, or number of miscarriages.
What disciplinary action faces supervisors who coerce a resignation?	Administrative sanctions, management liability for moral damages, and potential criminal penalties under Art. 306.

10. Conclusion

Philippine labor law treats miscarriage not as a vulnerability to be penalized but as a protected life event. Dismissing—or even marginalizing—a woman because of it violates constitutional mandates, statutory commands, and a robust line of Supreme Court precedent. Employers must instead extend leave, safeguard tenure, and foster a supportive workplace. Employees who suffer illegal dismissal after miscarriage are armed with powerful remedies—reinstatement, back wages, and damages—that underscore the Zero‑Tolerance policy against gender‑based discrimination at work.

Prepared July 28 2025.  For legal advice on a specific case, always consult or retain Philippine counsel.

Illegal Dismissal After Miscarriage under Philippine Labor Law