Yes. In the Philippines, terminating an employee while she is on maternity leave without due process is a serious red flag and may be treated as illegal dismissal, especially if the real reason is pregnancy, childbirth, maternity leave, refusal to resign, or the employer’s desire to avoid paying maternity benefits. Philippine labor law gives strong protection to pregnant workers and employees on maternity leave, but the exact legal result depends on two questions: Was there a valid legal ground for termination? And did the employer follow the required procedure before dismissing the employee?

The Short Answer: When Is It Illegal Dismissal?

Termination during maternity leave is generally illegal when any of the following is true:

Situation	Likely legal effect
The employee was dismissed because she was pregnant or on maternity leave	Illegal dismissal and pregnancy discrimination
The employer forced or pressured her to resign while on maternity leave	May be illegal dismissal or constructive dismissal
The employer withheld salary, maternity benefits, or clearance to force resignation	Strong evidence of bad faith
The employer issued a sudden termination letter without notice, hearing, or chance to explain	Violation of procedural due process
The employer invented “poor performance,” “redundancy,” or “business losses” after learning of the pregnancy	Employer must prove the reason is genuine and unrelated to pregnancy
There was a valid just or authorized cause, but the employer failed to follow due process	Dismissal may be upheld, but employer may be liable for nominal damages

The important nuance is this: lack of due process alone does not always automatically make a dismissal illegal if the employer proves a valid legal cause. Under cases such as Agabon v. NLRC and Jaka Food Processing Corporation v. Pacot, the Supreme Court has ruled that a dismissal for a valid cause may still be effective even if the employer failed to follow procedure, but the employer may be ordered to pay nominal damages.

However, when the dismissal is connected to pregnancy or maternity leave, the case becomes much more serious. Pregnancy is not a valid ground for termination. Maternity leave is a protected statutory right. If the employer cannot prove a lawful, independent reason for dismissal, the termination is illegal.

What “Illegal Dismissal” Means in Philippine Labor Law

Illegal dismissal means an employee was removed from work without a valid legal ground, or in a manner that violates the employee’s right to security of tenure.

Under Article 294 of the Labor Code of the Philippines, a regular employee cannot be terminated except for a just cause or an authorized cause. If unjustly dismissed, the employee may be entitled to reinstatement, full backwages, benefits, and other monetary awards.

In simple terms:

Just causes are employee-related grounds, 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/representative, or analogous causes under Article 297.
Authorized causes are business or health-related grounds, such as redundancy, retrenchment, closure, installation of labor-saving devices, or disease under Articles 298 and 299.
Procedural due process means the employer followed the required notices, hearing or opportunity to be heard, and legal steps before dismissal.

For a dismissal to be fully valid, the employer must satisfy both:

Substantive due process — there must be a real, lawful, provable ground.
Procedural due process — the employer must follow the legally required termination procedure.

Why Maternity Leave Gives Special Protection

Maternity leave is not a favor from the employer. It is a statutory right.

Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law, grants covered female workers:

105 days maternity leave with full pay for live childbirth, regardless of whether the delivery is normal or caesarean;
An additional 15 days with full pay if the worker qualifies as a solo parent under RA 8972, as amended;
An optional 30-day extension without pay for live childbirth, provided written notice is given at least 45 days before the end of maternity leave, except in medical emergencies;
60 days maternity leave with full pay for miscarriage or emergency termination of pregnancy;
Maternity leave in every instance of pregnancy, regardless of frequency.

The Implementing Rules and Regulations of RA 11210 also states that female workers who avail of maternity leave are assured of security of tenure. The use of maternity leave benefits must not be used as a basis for demotion or termination.

This means an employer cannot say:

“You were absent for too long because of maternity leave.”
“We need someone available, so we replaced you.”
“You should just resign because you now have a baby.”
“We are terminating you because you might get pregnant again.”
“You have a pending administrative case, so you cannot receive maternity benefits.”

A pending administrative case does not automatically remove the right to maternity leave benefits. The employer must still prove a valid cause and follow due process.

Labor Code Protection Against Dismissal Due to Pregnancy

Article 135 of the Labor Code, formerly Article 137, makes it unlawful for an employer:

to deny a woman employee benefits provided by law;
to discharge a woman on account of pregnancy;
to discharge her while on leave or in confinement due to pregnancy;
to refuse her return to work because the employer fears she may become pregnant again.

This provision is one of the clearest legal protections for pregnant employees in the Philippines.

In Valderrama v. NLRC, the Supreme Court recognized that a worker dismissed due to pregnancy was illegally dismissed, rejecting the employer’s claim that the dismissal was due to redundancy or retrenchment. In Systems and Plan Integrator and Development Corporation v. Ballesteros, the employee was pressured to resign while on maternity leave and later terminated; the Supreme Court affirmed the finding of illegal dismissal. These cases show how Philippine labor tribunals look beyond the employer’s written reason and examine the real circumstances surrounding the dismissal.

Can an Employer Ever Terminate Someone During Maternity Leave?

Yes, but only in very limited situations.

An employee on maternity leave is not completely immune from termination if there is a genuine lawful ground unrelated to pregnancy or maternity leave. For example, termination may be legally possible if:

the employee committed a serious violation before or during employment;
the company has a genuine redundancy program affecting multiple positions;
the business closure is real and not merely used to remove a pregnant employee;
there is a valid authorized cause with proper notices and separation pay;
the employee is probationary and genuinely failed to meet standards that were clearly communicated at the time of hiring.

But the employer carries the burden of proof. The timing of dismissal during maternity leave is naturally suspicious, so the employer must show strong evidence that the termination had nothing to do with pregnancy, childbirth, maternity leave, or maternity benefits.

Due Process for Just Cause Termination

If the employer claims the employee was dismissed for misconduct, neglect, fraud, breach of trust, or another employee-related ground, the employer must follow the twin notice rule under the Labor Code, its rules, and DOLE Department Order No. 147-15.

Step 1: First Written Notice or Notice to Explain

The first written notice should state:

the specific ground for possible termination;
the company rule or Labor Code provision allegedly violated;
a detailed narration of the facts;
the evidence or circumstances relied upon;
a directive giving the employee a chance to submit a written explanation.

A vague notice such as “poor performance,” “loss of trust,” or “violation of company policy” is usually not enough. The employee must understand what she is being accused of.

The employee should generally be given at least five calendar days to prepare a response, consult a lawyer or union officer, gather evidence, and explain her side.

Step 2: Opportunity to Be Heard

The employee must be given a meaningful chance to defend herself. This may be through:

written explanation;
administrative conference;
online or in-person hearing;
submission of supporting documents;
assistance of a lawyer, union officer, or chosen representative, when allowed.

A formal trial-type hearing is not always required, but a real opportunity to respond is required.

For an employee on maternity leave, the employer should be especially careful. A hearing date that ignores the employee’s medical condition, postnatal recovery, hospital confinement, breastfeeding needs, or childcare realities may be attacked as unfair.

Step 3: Second Written Notice or Notice of Decision

After considering the employee’s explanation and evidence, the employer must issue a second written notice stating:

that the employee’s explanation was considered;
the facts and evidence supporting the decision;
the specific ground for termination;
the effectivity date of dismissal.

A termination letter issued out of nowhere, without a prior notice to explain and opportunity to be heard, violates procedural due process.

Due Process for Authorized Cause Termination

If the employer claims redundancy, retrenchment, closure, installation of labor-saving devices, or disease, the procedure is different.

For most authorized causes, the employer must serve written notice at least 30 days before the intended termination date to:

the affected employee; and
the DOLE Regional Office with jurisdiction over the workplace.

The employer must also pay the required separation pay, except in certain closures due to serious business losses.

Authorized cause	Common requirements
Redundancy	Proof position is excess, fair selection criteria, good faith, separation pay
Retrenchment	Proof of actual or imminent substantial losses, fair criteria, prior notices, separation pay
Closure	Proof of closure or cessation, 30-day notices, separation pay unless due to serious losses
Labor-saving device	Proof of new system or equipment replacing labor, separation pay
Disease	Certification from a competent public health authority that continued employment is prohibited or prejudicial and condition cannot be cured within the legal period

Pregnancy is not a disease. Maternity leave is not abandonment. Childbirth is not misconduct.

Common Illegal Dismissal Scenarios During Maternity Leave

1. “They asked me to resign while I was pregnant.”

This is common. The employer may say resignation is “better for your record” or “para hindi pangit sa certificate of employment.”

If resignation is obtained through pressure, threats, withheld salary, non-release of benefits, or fear of termination, it may not be treated as voluntary. It may be considered constructive dismissal.

Do not sign a resignation letter if you do not truly intend to resign. A resignation letter can make the case harder, although it does not automatically defeat an illegal dismissal claim if there is proof of coercion.

2. “They said I was terminated for poor performance after I filed maternity leave.”

Poor performance can be a valid concern only if properly documented and handled. The employer should have records such as evaluations, written warnings, coaching records, performance standards, and prior notices.

If the alleged poor performance suddenly appears only after pregnancy or maternity leave, labor tribunals may question whether it is a pretext.

3. “My employer withheld my salary or maternity benefits.”

Withholding salary or maternity benefits to force resignation is strong evidence of bad faith.

Under RA 11210, covered private-sector female employees should receive full pay consisting of the SSS maternity benefit and the employer-paid salary differential, unless the employer is legally exempt from the salary differential. The employer must advance the full payment within 30 days from filing the maternity leave application, subject to the law and SSS rules.

4. “They replaced me while I was on maternity leave.”

Temporary replacement is not automatically illegal if it is only to cover the employee’s absence. But permanent replacement, refusal to reinstate, demotion, reduction of pay, or transfer to a lower-status position may be illegal.

The RA 11210 IRR allows transfer to a parallel position or reassignment only if it does not reduce rank, status, salary, or amount to constructive dismissal.

5. “I am probationary. Can they terminate me while on maternity leave?”

A probationary employee may be terminated only for:

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

Pregnancy or maternity leave is not a valid reason to fail probation. If the employer says the employee failed evaluation, it should show clear standards, actual evaluation records, and proof that the decision was not based on pregnancy or maternity leave.

What the Employee Should Do Step by Step

1. Secure all evidence immediately

Save copies of:

employment contract;
appointment letter or job offer;
payslips;
company ID;
SSS maternity notification or claim records;
maternity leave application;
medical certificate, ultrasound records, birth certificate, or hospital documents;
emails, text messages, Viber, Messenger, Slack, Teams, or WhatsApp messages;
notices to explain, memos, suspension letters, termination letter;
proof of withheld salary or benefits;
screenshots showing pressure to resign;
names of witnesses.

For screenshots, save the full conversation when possible, not just isolated messages. Include date, time, sender, and context.

2. Do not sign documents you do not understand

Be careful with:

resignation letters;
quitclaims;
waivers;
final pay acknowledgments;
settlement agreements;
backdated notices;
documents saying you received money you did not receive.

If the employer pressures you to sign “for clearance only,” write a reservation before signing, such as: “Received only, without waiving any claims.” Keep a photo or copy.

3. Ask for written clarification

A short written message can help create a record:

“I am currently on approved maternity leave. Please clarify in writing the basis for my termination and provide copies of all notices, investigation records, and documents supporting the decision.”

This helps show whether the employer had a real process or merely acted after the fact.

4. Check your SSS maternity benefits

For private-sector employees, verify whether:

your employer transmitted your maternity notification to SSS;
your contributions were properly remitted;
your maternity benefit was filed;
the employer advanced the correct amount;
the employer paid the salary differential, if applicable.

If the employer failed to remit contributions or transmit required notification, RA 11210 and its IRR may make the employer liable for the benefits the employee would have received.

5. File a Request for Assistance through SEnA

Most labor disputes first go through the Single Entry Approach or SEnA, a 30-day mandatory conciliation-mediation mechanism under DOLE. You can read more from the official Single Entry Approach page of the NCMB.

SEnA is not yet a full trial. It is a mediation process where a desk officer helps the parties settle. Many maternity leave and illegal dismissal disputes are discussed here first.

Bring:

valid ID;
termination letter or proof of dismissal;
employment documents;
salary records;
maternity leave documents;
SSS records;
summary of claims.

If settlement fails, the case may proceed to the NLRC.

6. File an illegal dismissal complaint with the NLRC

Illegal dismissal cases are filed before the Labor Arbiter of the appropriate Regional Arbitration Branch of the National Labor Relations Commission. The NLRC FAQ states that illegal dismissal actions prescribe in four years from accrual of the cause of action.

Under current NLRC practice and rules, prepare to submit a complaint that is properly signed and verified, with certification against forum shopping when required by the applicable form or rule.

Common claims include:

illegal dismissal;
reinstatement;
full backwages;
unpaid salaries;
unpaid maternity benefits or salary differential;
13th month pay;
service incentive leave pay;
separation pay in lieu of reinstatement, if reinstatement is no longer feasible;
moral damages;
exemplary damages;
attorney’s fees, when proper.

Practical Timeline

Stage	Usual timeline in practice
Internal company notices and investigation	A few days to several weeks
SEnA conciliation-mediation	Up to 30 calendar days, subject to applicable rules
Filing before NLRC Labor Arbiter	After SEnA referral or when directly allowed
Mandatory conferences and position papers	Often 1–3 months, depending on resets and service of summons
Labor Arbiter decision	Can take several months or longer depending on docket
Appeal to NLRC	Usually within 10 calendar days from receipt of decision
Further court review	May go to the Court of Appeals and Supreme Court in proper cases

In real life, delays often happen because of incomplete addresses, non-appearance of parties, settlement negotiations, late filing of position papers, difficulty serving summons, or overloaded dockets.

Possible Remedies If the Dismissal Is Illegal

If the NLRC or court finds illegal dismissal, the employee may be awarded:

Remedy	Meaning
Reinstatement	Return to the former position without loss of seniority rights
Full backwages	Wages and benefits from dismissal until actual reinstatement or finality, depending on the case
Separation pay in lieu of reinstatement	Monetary substitute when reinstatement is no longer practical
Unpaid maternity benefits	Amounts due under RA 11210, SSS rules, and salary differential rules
Moral damages	Possible if dismissal was in bad faith, oppressive, or humiliating
Exemplary damages	Possible to deter discriminatory or malicious employer conduct
Attorney’s fees	Often up to 10% of the monetary award when legally justified
Nominal damages	If there was a valid cause but due process was violated

In pregnancy-related dismissal cases, moral and exemplary damages may become relevant when the employer acted in bad faith, forced resignation, withheld benefits, or used discriminatory reasons.

What If the Employee Gave Birth After Termination?

RA 11210 has an important rule: maternity leave with full pay may still be granted if childbirth, miscarriage, or emergency termination of pregnancy occurs not more than 15 calendar days after termination, because the right has already accrued.

But if the pregnant employee was terminated without just cause, that 15-day limit does not apply in the same way. The employer may be required to pay the full amount equivalent to her salary for 105 days for childbirth, or 60 days for miscarriage or emergency termination of pregnancy, in addition to other applicable daily cash maternity benefits she should have received had she not been illegally terminated.

This is especially important for employees terminated shortly before delivery.

Foreigners, OFWs, and Cross-Border Situations

Foreign nationals working in the Philippines are generally protected by Philippine labor laws when there is an employer-employee relationship in the Philippines. Immigration status, work permits, or visa issues may create separate concerns, but they do not give an employer permission to discriminate based on pregnancy or ignore due process.

For OFWs and workers hired in the Philippines for overseas employment, jurisdiction and applicable procedures may depend on the recruitment arrangement, employment contract, and whether the issue is against the foreign employer, local recruitment agency, or both. The Supreme Court case Saudi Arabian Airlines v. Rebesencio is often cited in discussions involving pregnancy-related termination of Filipina flight attendants and the application of Philippine public policy in labor disputes.

For documents executed abroad, practical issues may arise:

foreign medical records may need translation if not in English or Filipino;
foreign public documents may need apostille or consular authentication, depending on the issuing country;
screenshots and emails should show sender, date, time, and context;
overseas workers should keep copies of contracts, agency communications, deployment records, and SSS contribution records.

Common Mistakes That Hurt the Employee’s Case

Signing a resignation letter under pressure without documenting the pressure

If you are being forced to resign, document the pressure before signing anything. A resignation letter can be challenged, but it becomes harder if there is no proof of coercion.

Waiting too long to act

Illegal dismissal claims generally prescribe in four years, but related money claims may have shorter periods. Evidence also becomes harder to retrieve over time.

Relying only on verbal conversations

Labor cases are evidence-driven. Written messages, notices, payslips, screenshots, SSS records, and witnesses matter.

Assuming DOLE and NLRC are the same

DOLE commonly handles labor standards concerns and SEnA. Illegal dismissal cases are generally decided by Labor Arbiters under the NLRC.

Accepting “redundancy” at face value

Redundancy must be real, done in good faith, supported by business records, and applied using fair criteria. If only the pregnant employee or employee on maternity leave was selected, the employer’s explanation may be questioned.

Believing maternity leave means abandonment

Approved maternity leave is not abandonment. Abandonment requires clear intent to sever the employment relationship. A mother recovering from childbirth and availing of statutory leave is not abandoning work.

Frequently Asked Questions

Is it illegal to terminate an employee while she is on maternity leave in the Philippines?

It is illegal if the termination is because of pregnancy, childbirth, maternity leave, or to avoid maternity benefits. It may also be illegal if there is no valid just or authorized cause. If there is a valid cause but the employer failed to follow procedure, the employer may still be liable for nominal damages.

Can my employer fire me because I got pregnant?

No. Pregnancy is not a valid ground for dismissal. The Labor Code prohibits discharging a woman on account of pregnancy or while on leave or confinement due to pregnancy.

What if my employer says I was terminated for poor performance, not pregnancy?

The employer must prove poor performance through substantial evidence. If the alleged poor performance was raised only after your pregnancy or maternity leave, and there were no prior warnings or evaluations, that may support an illegal dismissal claim.

Can my employer ask me to resign while I am on maternity leave?

The employer can receive a voluntary resignation, but it cannot force, threaten, pressure, or manipulate you into resigning. A forced resignation may be treated as constructive dismissal.

Am I still entitled to maternity benefits if I have a pending administrative case?

Yes. Under the RA 11210 IRR, maternity leave benefits may still be enjoyed even if the female worker has a pending administrative case. The case does not automatically remove maternity benefits.

Can a probationary employee claim illegal dismissal during maternity leave?

Yes, if she was dismissed because of pregnancy or maternity leave, or if the employer did not follow the standards for probationary termination. A probationary employee can only be terminated for just cause, authorized cause, or failure to meet reasonable standards made known at the time of hiring.

What if I signed a quitclaim or waiver?

A quitclaim does not always bar a labor claim, especially if it was signed under pressure, involved an unconscionably low amount, or did not represent a voluntary and informed settlement. But it can complicate the case, so the surrounding facts and proof matter.

Where do I file a complaint for termination during maternity leave?

You may start with SEnA through DOLE, NCMB, or NLRC desks, depending on local practice. If unresolved, an illegal dismissal complaint is generally filed with the NLRC Regional Arbitration Branch with jurisdiction over the workplace or proper venue under current NLRC rules.

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

Illegal dismissal actions generally prescribe in four years from the date of dismissal. Related money claims may have different prescriptive periods, so it is safer to act as early as possible.

What can I recover if I win?

Possible awards include reinstatement, full backwages, unpaid wages, unpaid maternity benefits, salary differential, 13th month pay, service incentive leave pay, separation pay in lieu of reinstatement, damages, nominal damages, and attorney’s fees, depending on the facts.

Key Takeaways

Termination during maternity leave without due process is a serious violation and may be illegal dismissal.
Pregnancy, childbirth, maternity leave, and fear of future pregnancy are not valid grounds for termination.
The employer must prove a valid just or authorized cause unrelated to pregnancy or maternity leave.
For just cause termination, the employer must follow the twin notice rule and give a real opportunity to be heard.
For authorized cause termination, the employer must generally give 30-day notices to both the employee and DOLE and pay proper separation pay.
RA 11210 protects maternity leave benefits, security of tenure, and non-discrimination.
Forced resignation, withheld salary, withheld maternity benefits, and sudden termination letters are strong warning signs.
Employees should preserve evidence, avoid signing questionable documents, check SSS maternity records, go through SEnA, and file with the NLRC when necessary.