No. It is unequivocally illegal under Philippine law to terminate, suspend, demote, withhold benefits from, or impose any disciplinary sanction on an employee solely because of pregnancy or pregnancy-related absences. Doing so constitutes gender discrimination, illegal dismissal, and a criminal offense punishable by imprisonment and fines.

The Philippines has one of the strongest legal frameworks in Asia protecting pregnant workers. The protection is absolute and non-derogable—meaning even company policies, employment contracts, or collective bargaining agreements that allow such actions are void and unenforceable.

Core Legal Prohibitions

Labor Code of the Philippines (Presidential Decree No. 442, as amended)
- Article 130 (formerly Article 135) – Discrimination Against Women Prohibited
  “It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.” The Department of Labor and Employment (DOLE) and the Supreme Court have consistently interpreted “solely on account of her sex” to include pregnancy, childbirth, and related medical conditions.
- Article 132 (formerly Article 137) – Prohibited Acts (as amended by RA 11210 and related laws)
  It is unlawful for any employer:
  1. To deny any woman employee the benefits provided under the maternity leave law;
  2. To discharge any woman employee for the purpose of preventing her from enjoying maternity leave benefits;
  3. To discharge any woman employee on account of her pregnancy, while on maternity leave, or during confinement due to pregnancy-related illness;
  4. To refuse readmission of a woman employee after maternity leave for fear that she may again become pregnant;
  5. To discharge, demote, or otherwise prejudice a female employee merely by reason of her having availed of maternity leave.
Republic Act No. 11210 (105-Day Expanded Maternity Leave Law, 2019) and its Implementing Rules and Regulations (DOLE Department Order No. 206, s. 2019)
- Section 3 explicitly reiterates and strengthens the Article 132 prohibitions.
- Pregnancy-related illnesses and absences (including miscarriages, ectopic pregnancies, and other gynecological conditions arising from pregnancy) are covered under the expanded leave.
- Employers are prohibited from forcing pregnant employees to go on forced leave or extended leave without pay unless medically certified as necessary and requested by the employee.
Republic Act No. 9710 (Magna Carta of Women, 2009) and its Implementing Rules
- Section 19 – Non-Discrimination in Employment
  Pregnancy is declared a prohibited ground of discrimination in hiring, promotion, training, benefits, and termination.
- Rule IV, Section 19(E) specifically states that dismissal on grounds of pregnancy, childbirth, or pregnancy-related conditions constitutes discrimination.
- The law imposes criminal liability: violation is punishable by imprisonment of 1 month to 6 months and/or fine of ₱10,000 to ₱200,000.
Social Security Law (RA 11199, as amended)
- Maternity benefits are mandatory and cannot be denied or reduced even if the employee is terminated during pregnancy (except for just causes unrelated to pregnancy).

What Constitutes “Pregnancy-Related Absences”?

The law and jurisprudence recognize the following as protected absences that cannot be the basis for sanction or termination:

Prenatal and postnatal check-ups
Morning sickness, hyperemesis gravidarum, hypertension, gestational diabetes, and other pregnancy-induced conditions
Bed rest ordered by an OB-GYN
Miscarriage, stillbirth, or emergency termination of pregnancy (70 days paid leave under RA 11210)
Absences due to complications after childbirth (e.g., postpartum depression, cesarean recovery beyond 105 days if medically certified)
Lactation periods (paid break time under RA 10028 – Expanded Breastfeeding Promotion Act)

Supreme Court Decisions (Selected Landmark Cases)

Del Monte Philippines v. Velasco (G.R. No. 153477, 2005, reiterated in later cases)
Termination of a probationary employee found pregnant was declared illegal even if the company policy prohibited pregnancy during probation.
Lakpue Drug Inc. v. Belga (G.R. No. 166379, 2006)
Termination of a pregnant employee for alleged excessive absences due to pregnancy-related illness was ruled illegal dismissal.
Capin-Cadiz v. Brent Hospital (G.R. No. 187417, 2016)
The Court awarded full backwages, moral and exemplary damages when a hospital terminated a nurse because of pregnancy.
Saudi Arabian Airlines v. Rebesencio (G.R. No. 198587, 2015, and related OFW cases)
The absolute prohibition applies even to overseas Filipino workers and foreign employers operating in the Philippines.

Remedies Available to the Aggrieved Employee

Illegal Dismissal Complaint (NLRC, within 4 years)
- Reinstatement without loss of seniority rights OR separation pay (1 month per year of service) if reinstatement is no longer feasible
- Full backwages from date of dismissal until finality of judgment (no cap)
- Moral damages (₱50,000–₱500,000 typical range)
- Exemplary damages (₱50,000–₱300,000)
- 10% attorney’s fees on total monetary award
Criminal Complaint under RA 9710 (Magna Carta of Women)
- Filed with the Prosecutor’s Office; punishable by imprisonment and fines
Administrative Complaint against the Employer/HR Officer (DOLE Regional Office)
- Fines up to ₱500,000 per violation under RA 11210
Money Claims for Unpaid Maternity Benefits (SSS or NLRC)
- SSS maternity benefit differential if employer failed to advance payment
Gender Discrimination Complaint (Civil Service Commission for government employees, or CHR for human rights angle)

Special Cases and Additional Protections

Probationary Employees
Pregnancy cannot be a ground to deny regularization (Del Monte case).
Fixed-Term/Contractual/Project Employees
Contract cannot be terminated early because of pregnancy. The contract is deemed extended until completion of maternity leave.
Solo Parent Employees (RA 8972 as amended by RA 11861 – Expanded Solo Parents Welfare Act, 2022)
Additional 15 days paid solo parent leave per year and 7 days parental leave for miscarriage/child death.
Female Employees in Micro, Small, and Medium Enterprises
Full protection applies; employer can avail of SSS reimbursement.
Government Employees
Additional 60 days special leave benefits for pregnancy-related surgeries (CSC rules).

Employer Obligations (Non-Compliance is Itself Illegal)

Advance full salary during maternity leave (reimbursable by SSS)
Provide lactation stations and paid nursing breaks (RA 10028)
Allow flexible working arrangements for pregnant employees when medically recommended (DOLE Advisory No. 01-2020)
Notify SSS within prescribed period for maternity benefit processing

Conclusion

Philippine law is crystal clear and uncompromising: pregnancy is never a valid reason for termination or disciplinary action. Any attempt to sanction a pregnant employee for pregnancy-related absences—whether through termination, suspension, deduction of benefits, negative performance evaluation, or constructive dismissal tactics (forced resignation, intolerable working conditions)—is illegal, void, and exposes the employer and responsible officers to heavy civil, criminal, and administrative liabilities.

The protection is not a privilege; it is a fundamental right rooted in the Constitution’s equal protection clause (Article II, Section 14: “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men”) and in international commitments (CEDAW, ILO Convention No. 183).

Any pregnant employee facing discrimination should immediately document everything and file the appropriate complaints. The law is overwhelmingly in her favor.