Updated for general guidance; for case-specific advice, consult counsel or DOLE.

I. Legal Foundations

While the Philippine Labor Code provides the backbone for employment relations—including due-process rules for discipline and termination—many pregnancy-specific protections and benefits now come from special statutes that supplement the Code:

Constitution, Art. XIII, Sec. 3: Full protection to labor; equality and protection of women.
Labor Code (as renumbered): Security of tenure; due process for just/authorized causes; anti-discrimination provisions for women.
Expanded Maternity Leave Law (EMLL), R.A. 11210 (+ IRR): Core maternity benefits and security-of-tenure safeguards.
Magna Carta of Women (MCW), R.A. 9710: Non-discrimination on the basis of sex, including pregnancy and maternity status.
Expanded Breastfeeding Promotion Act, R.A. 10028: Lactation stations and paid lactation breaks.
Paternity Leave Act, R.A. 8187: Paid leave for husbands/partners (distinct from the EMLL’s transferable days).
Anti-Sexual Harassment Act, R.A. 7877 and Safe Spaces Act, R.A. 11313: Protection against gender-based harassment in the workplace.
OSH Law, R.A. 11058 (+ DOLE standards): Duty to ensure a safe and healthy workplace—particularly relevant to pregnant workers.
Data Privacy Act, R.A. 10173: Confidentiality of health/medical information.
Solo Parents Welfare Act, R.A. 8972 as amended by R.A. 11861: Additional leave/benefits for solo parents (complements EMLL).

II. Disciplinary Actions: What Employers May and May Not Do

A. Absolute No-Nos (Per Se Unlawful or Discriminatory)

Dismissal or discipline because an employee is pregnant. Pregnancy, marital status, or maternity leave are not just causes for dismissal. Policies penalizing pregnancy (including out-of-wedlock pregnancy) are discriminatory.
Refusal to hire, demotion, or denial of benefits due to pregnancy or potential pregnancy. This includes adverse actions based on assumptions about attendance or capacity.
Termination during pregnancy or while on maternity leave, except for lawful just causes (e.g., serious misconduct) with full due process. R.A. 11210 explicitly protects security of tenure.
Forcing a pregnant employee to go on leave (or to resign) absent medical necessity or mutually agreed accommodation.
Retaliation for requesting or taking maternity, lactation, or related statutory leave/benefits.

B. What Employers Can Discipline (Pregnancy-Neutral Misconduct)

Pregnancy is not immunity from general workplace rules. Employers may discipline for lawful, pregnancy-neutral reasons, provided substantive cause and procedural due process are satisfied. Examples:

Just causes under the Labor Code: serious misconduct, willful disobedience of lawful orders, gross and habitual neglect of duties, fraud/breach of trust, commission of a crime against the employer or co-employees, and analogous causes.
Authorized causes (business-driven): redundancy, retrenchment, closure, or disease not curable within six months and where continued employment is prohibited by law or prejudicial to health—subject to strict proofs and 30-day notices to both the employee and DOLE. Pregnancy is not an authorized cause.

C. Due Process Requirements (Twin-Notice + Hearing)

For just-cause cases:

First notice (charge sheet): specific acts, facts, and rules violated; reasonable time to explain (typically 5 calendar days).
Opportunity to be heard: written explanation and/or conference.
Second notice (decision): findings, legal basis, and penalty.

For authorized-cause cases: 30-day prior written notice to the employee and DOLE; payment of separation benefits per law.

Key point: Any disciplinary system must be neutral and consistently applied. If pregnancy is the real motive, dismissal is illegal even if cloaked as another cause.

III. Maternity Leave and Related Benefits (Private Sector)

A. Core Maternity Leave (R.A. 11210)

Duration:
- 105 days paid leave for live childbirth (regardless of delivery mode).
- 120 days if the mother is a solo parent (R.A. 8972/11861).
- 60 days for miscarriage or emergency termination of pregnancy (ETP).
Coverage: Regardless of civil status, employment status, legitimacy of the child, or frequency of pregnancies (the old “four-pregnancy” cap no longer applies).
Option to extend: Up to 30 days without pay after paid leave, with prior notice to the employer.
Transferable days: Up to 7 days of the 105 may be transferred to the father (married or common-law) or to a designated alternate caregiver (e.g., relative up to the 4th civil degree or the current partner), upon the mother’s election. This is in addition to paternity leave under R.A. 8187.
Security of tenure: No dismissal during pregnancy or while on leave, except for just causes and with due process.
Return-to-work: Right to the same or equivalent position without loss of seniority or benefits.

B. Pay and Reimbursements

Full pay during the paid leave period generally consists of the SSS maternity benefit plus any salary differential the employer must shoulder under the IRR.
Salary-differential exemptions may apply to certain employers (e.g., distressed establishments, microbusinesses registered as BMBEs, etc.), subject to stringent criteria. Without a valid exemption, the differential is mandatory.
SSS contribution requirement: Employees must meet minimum contribution conditions for benefit entitlement (assessed by SSS based on the semester of contingency). The employer usually advances the benefit and reimburses from SSS following IRR timelines.

Practice tip (HR/Payroll): Align internal payroll cutoffs with the SSS reimbursement process; document the mother’s election of the 7 transferable days and who will receive them.

C. Procedural Essentials for Availing Maternity Leave

Notice: Employee should notify the employer of the pregnancy and expected date of delivery within a reasonable time; for miscarriage/ETP, notice as soon as practicable.
Documents: Medical certificate, proof of contingency (e.g., LCR, hospital docs), and SSS forms per IRR.
Non-waiver: Any waiver or reduction of the statutory maternity leave/benefits is void.

D. Relationship with Other Leaves/Benefits

No double benefits: Maternity benefits cannot overlap with SSS sickness benefits for the same confinement period.
Paternity leave (R.A. 8187): 7 days paid for the first four deliveries/miscarriages of the legitimate spouse; many employers extend by policy to common-law partners—this is separate from the EMLL’s transferable 7 days.
Solo parents (R.A. 11861): Additional parental leave and benefits besides the EMLL extension to 120 days.
VAWC leave (R.A. 9262): 10 days paid for female employees who are victims of violence, when certified by appropriate authorities—may be relevant during pregnancy.

IV. Health, Safety, and Reasonable Accommodations

A. Occupational Safety and Health

Employers must identify and control hazards that may adversely affect pregnant employees (e.g., exposure to chemicals, heavy lifting, prolonged standing, night shifts in certain contexts). Under OSH standards, job modification or temporary reassignment to non-hazardous duties is a best-practice response where risk is evident.

B. Medical Appointments and Restrictions

Where medically necessary, employers should accommodate prenatal checkups and temporary work restrictions (e.g., lifting limits), balancing with reasonable business needs. Requests should be supported by a medical certificate.

C. Breastfeeding and Lactation (R.A. 10028)

Lactation stations: Clean, private, well-ventilated areas (not toilets), with seating and basic utilities.
Paid lactation breaks: At least 40 minutes total for every 8-hour work period (pro-rated), in addition to regular breaks.
No discrimination for using lactation breaks or facilities.

V. Privacy and Dignity Protections

Confidentiality: Pregnancy status and medical details are sensitive personal information; collection and disclosure must follow the Data Privacy Act (lawful basis, minimization, access controls).
Dignity at work: Employers must prevent and address harassment, including pregnancy- or sex-based remarks or conduct. Maintain grievance channels and anti-retaliation norms.

VI. Policy Design for Compliance (Employer Checklist)

Equal Employment Opportunity (EEO) & Anti-Discrimination clause that expressly protects pregnancy and maternity status.
Discipline policy that lists just causes, ties penalties to gravity, and excludes pregnancy-based actions.
Maternity leave SOP: timelines, documents, salary differential handling, SSS reimbursement workflow, and the 7-day transfer process.
Lactation policy: stations, paid breaks, scheduling.
Accommodation protocol: risk assessment and temporary reassignment for hazardous work; process for medical restrictions.
Privacy notice: specifies handling of medical data; limit access to HR/authorized staff.
Training: managers/supervisors on pregnancy rights, due process, and respectful communications.
Return-to-work support: phased reintegration where practicable; no loss of rank or benefits.

VII. Do’s and Don’ts for Managers

Do:

Treat performance issues consistently, document facts, and apply due process.
Offer reasonable schedule flexibility for prenatal visits (subject to validation).
Provide the maternity leave entitlement and process the salary differential unless lawfully exempt.
Set up and maintain compliant lactation stations and breaks.

Don’t:

Ask intrusive questions about family plans or penalize for pregnancy-related absences covered by law.
Delay processing of benefits or reimbursement documents.
Deny the transferable 7 days solely because the parents are not married (the EMLL allows designation to a partner/alternate caregiver).
Reassign to lower-pay positions because of pregnancy.

VIII. Remedies and Enforcement

Illegal dismissal: Reinstatement without loss of seniority, full backwages, and other damages as warranted.
Monetary claims: Salary differential, unpaid benefits, damages/attorney’s fees.
Administrative recourse: File complaints with DOLE (Regional/Field Office) or NLRC (for termination/monetary claims); SSS for benefit issues.
Criminal/administrative liability may attach for certain violations (e.g., harassment, OSH, Safe Spaces Act).

IX. Frequently Asked Practical Questions

1) Can a pregnant employee be placed on preventive suspension? Yes, but only under standard rules (serious charges posing imminent threat to property/co-workers), for up to 30 days, and never because of pregnancy itself.

2) Can performance targets be adjusted? Targets may remain, but reasonable accommodations (e.g., schedule adjustments) should be considered where pregnancy imposes medical limits.

3) Is overtime or night work allowed? There is no blanket prohibition, but medical advice and risk assessment matter. If overtime or certain shifts pose health risks, modify duties.

4) What if the employee does not meet SSS contribution requirements? The EMLL entitlement to leave days still exists, but cash benefits depend on SSS eligibility. Employers should still comply with leave and any salary differential rules that apply.

5) Can unused maternity leave be commuted to cash? No. The benefit is for rest and recovery; it’s not a commutable vacation leave.

X. Key Takeaways

Pregnancy is a protected status. Disciplining, demoting, or dismissing someone because they are pregnant—or because they will take maternity leave—is unlawful.
Due process still governs genuine misconduct or business-driven separations, but the bar for proof remains high and must be pregnancy-neutral.
EMLL (R.A. 11210) is the central statute for maternity entitlements: 105 days paid (120 for solo parents), 60 for miscarriage/ETP, up to 30 days extension without pay, 7 days transferable, security of tenure, and return-to-work rights.
Provide lactation support (R.A. 10028), maintain a safe workplace (R.A. 11058), protect privacy (R.A. 10173), and prevent harassment (R.A. 7877/R.A. 11313).

Suggested Policy Footer (for Employee Handbooks)

“Pregnancy and maternity are protected under Philippine law. The Company prohibits any adverse action on the basis of pregnancy or maternity status. Employees are entitled to maternity leave and related benefits under R.A. 11210 and other applicable laws. Requests for accommodation related to pregnancy or breastfeeding will be handled promptly and confidentially. Violations of this policy may result in disciplinary action.”

If you want, I can turn this into a 1–2 page printable policy addendum or a checklist for HR case handling.