I. Governing Laws

The rights of regular female employees regarding maternity leave, security of tenure, and reassignment are primarily governed by:

Articles 130–137, Labor Code of the Philippines (as amended)
Republic Act No. 11210 (105-Day Expanded Maternity Leave Law) and its Implementing Rules and Regulations (DOLE Department Order No. 212, s. 2020, as amended)
Republic Act No. 9710 (Magna Carta of Women) and its IRR
Republic Act No. 8187 (Paternity Leave Act of 1996) (relevant for allocation of maternity leave days)
Social Security Act of 1997 (RA 8282, as amended by RA 11210)
Relevant Supreme Court decisions (e.g., Del Monte Philippines v. Velasco, G.R. No. 153477, March 6, 2007; Saudi Arabian Airlines v. Rebesencio, G.R. No. 198587, January 14, 2015; Capin-Cadiz v. Brent Hospital, G.R. No. 187417, February 24, 2016)

II. Maternity Leave Benefits (RA 11210)

A. Coverage

Applies to all female workers, whether in private or public sector, regardless of employment status (regular, probationary, casual, project, seasonal), provided they are SSS members or covered under GSIS for government employees.

B. Duration

Live childbirth – 105 days paid maternity leave
Miscarriage or emergency termination of pregnancy – 60 days paid maternity leave
Solo parent under RA 8972 – additional 15 days (total 120 days for live birth)
Optional extension – 30 days without pay (may be availed in whole or in part)
Qualified female worker who legally adopts a child below 7 years old – 105 days paid leave
Stillbirth – treated as live birth (105 days) if the fetus had intrauterine life of at least 20 weeks or weighed at least 500 grams

C. Allocation of Leave

In case of live birth, the female worker may allocate up to 7 days to the child’s father or alternate caregiver (non-cumulative with Paternity Leave under RA 8187).
Allocation is not allowed if the female worker is a solo parent or in cases of miscarriage/stillbirth.

D. Payment of Benefit

SSS members: Full pay based on average monthly salary credit (100% of average daily salary credit for 105/60 days).
Employer advances the benefit and is reimbursed by SSS.
Non-SSS members (informal sector, etc.) – benefit paid directly by employer.
Government employees – paid by GSIS/employer.

E. Notification Requirement

Female worker must notify employer at least 30 days in advance when possible, and submit necessary documents (medical certificate, solo parent ID if applicable).

III. Security of Tenure During Pregnancy and Maternity Leave

A. Absolute Protection Against Dismissal

Article 135, Labor Code: It is unlawful for any employer to discharge a woman employee on account of her pregnancy or while on maternity leave or for the purpose of preventing her from enjoying maternity leave benefits.
RA 11210, Section 4 expressly states: “The female worker shall enjoy security of tenure during the period of her maternity leave.”
Magna Carta of Women (RA 9710), Section 19: Prohibits discrimination in employment on the basis of sex, pregnancy, marital status, or gender identity.

B. Pregnancy or Availment of Maternity Leave Is Never a Just or Authorized Cause for Termination

Termination of a pregnant regular employee or one on maternity leave is presumptively illegal dismissal unless the employer proves, with clear and convincing evidence, that the dismissal was for a just or authorized cause wholly unrelated to the pregnancy or leave and that the timing was purely coincidental.
Supreme Court consistently rules that the burden is heavy on the employer (Capin-Cadiz v. Brent Hospital; Saudi Arabian Airlines v. Rebesencio).

C. Right to Reinstatement After Maternity Leave

The employee is entitled to be reinstated to her former position without loss of seniority rights and benefits.
If the former position no longer exists due to bona fide business reasons (e.g., redundancy declared before pregnancy was known), she must be given a substantially equivalent position.
Failure to reinstate is constructive dismissal.

D. Effect of Probationary Status

Probationary employees who become pregnant are automatically regularized upon completion of maternity leave if they would have otherwise passed probation (DOLE D.O. 112-11; prevailing jurisprudence).

E. Remedies for Violation

Illegal dismissal: backwages from date of dismissal until actual reinstatement, separation pay in lieu of reinstatement if strained relations, damages, attorney’s fees.
Criminal liability under RA 11210 for refusal to grant maternity leave benefits (fine ₱20,000–₱200,000 and/or imprisonment 6 years 1 day to 12 years).

IV. Reassignment and Transfer Rights of Pregnant Regular Employees

A. Management Prerogative to Reassignment

Employers have the right to reassign or transfer employees in the exercise of management prerogative, provided:

It is not punitive or in bad faith
There is no demotion in rank or diminution of salary, benefits, or privileges
It is not motivated by discrimination or union activities

B. Special Protection for Pregnant Employees

Article 136, Labor Code: “It shall be unlawful for any employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married or becoming pregnant, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage or pregnancy.”
DOLE Advisory No. 01-2020 (Safe Return to Work During COVID-19) and prevailing practice: Pregnant employees may be placed on telecommuting or alternative work arrangements upon request.
Reassignment to lighter or non-hazardous work is allowed and even encouraged, but must not result in diminution of pay or benefits.
Refusal to accept reasonable reassignment (e.g., from night shift to day shift for health reasons) may be ground for disciplinary action only if the reassignment is clearly necessary for the employee’s or fetus’s health and safety and is not punitive.
Transfer to a distant location that would cause undue hardship to a pregnant employee may be refused without being considered insubordination, especially if it would separate her from medical care or family support.

V. Practical Scenarios and Supreme Court Rulings

Termination shortly after disclosure of pregnancy → presumptively illegal (Capin-Cadiz v. Brent).
Redundancy declared after pregnancy known → employer must prove redundancy was planned before knowledge of pregnancy.
Refusal to accept transfer to another province while pregnant → not necessarily insubordination if transfer causes grave hardship (rural bank cases).
Reassignment from supervisor to staff level while on maternity leave → constructive dismissal if it constitutes demotion.

VI. Conclusion

Regular female employees in the Philippines enjoy one of the most protective maternity regimes in Asia: 105 days (or 120 for solo parents) fully paid leave, absolute security of tenure during pregnancy and leave, and the right to return to the same or equivalent position without diminution of benefits. Any reassignment must be exercised reasonably and in good faith, never as a pretext to ease out a pregnant employee. Violations are met with heavy penalties and almost certain finding of illegal dismissal by labor arbiters and the Supreme Court. Employers are well-advised to document all personnel actions involving pregnant employees with utmost care and transparency.