In the Philippine labor landscape, a common misconception persists: that probationary employees, by virtue of their "trial" status, possess fewer rights than regular employees. When pregnancy enters the equation, this myth often leads to anxiety for expectant mothers.

However, Philippine law is clear: Pregnancy is not a valid ground for termination, and probationary status does not strip a woman of her fundamental labor rights. This article explores the legal protections, leave entitlements, and Social Security System (SS) benefits available to pregnant probationary employees in the Philippines.

I. The Shield of Non-Discrimination

Under the Labor Code of the Philippines and Republic Act No. 9710 (The Magna Carta of Women), it is unlawful for an employer to discriminate against a woman because of her pregnancy.

Security of Tenure: A probationary employee cannot be terminated solely because she is pregnant. An employer can only terminate a probationary contract for:

Just Cause (e.g., serious misconduct, neglect of duty).
Authorized Cause (e.g., redundancy, retrenchment).
Failure to qualify as a regular employee based on reasonable standards made known to her at the time of engagement.

The "Pregnancy Trap": If an employer terminates a probationary employee and the timing or lack of performance documentation suggests it was due to her pregnancy, it may be deemed illegal dismissal.

II. The Expanded Maternity Leave (RA 11210)

The cornerstone of maternity protection is Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law. This law applies to all female workers, regardless of their civil status, employment status (regular or probationary), or the legitimacy of the child.

1. Duration of Leave

Live Childbirth: 105 days with full pay.
Solo Parent: An additional 15 days (total of 120 days) with full pay, provided they qualify under the Solo Parents' Welfare Act.
Miscarriage or Emergency Termination of Pregnancy (ETP): 60 days with full pay.
Optional Extension: An additional 30 days without pay, provided the employer is notified 45 days in advance.

2. Eligibility for the Leave

To avail of the leave, a probationary employee must:

Be currently employed at the time of delivery, miscarriage, or ETP.
Have notified her employer of her pregnancy and the probable date of childbirth.

III. SSS Maternity Benefits: Financial Security

While the employer provides the time off, the Social Security System (SSS) provides the financial reimbursement, provided specific contribution requirements are met.

1. The Qualifying Criterion

To qualify for SSS maternity benefits, the employee must have paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage.

2. The Payment Process

Advance Payment: The employer is legally mandated to pay the maternity benefit to the pregnant employee in full within 30 days from the filing of the maternity leave application.
Reimbursement: The SSS then reimburses the employer 100% of the amount legally paid. If the employer fails to pay the employee in advance, they are liable for the benefits and may face penalties.

3. Salary Differential

If the SSS computation (based on the "Monthly Salary Credit") is lower than the employee’s actual regular salary, the employer is required to pay the difference (the Salary Differential), ensuring the employee receives her "full pay" during the leave.

Note: Some small retail/service establishments or distressed corporations may be exempt from the salary differential under specific DOLE guidelines.

IV. Other Relevant Benefits

Paternity Leave (RA 8187): The father of the child (if married to the employee and cohabiting) is entitled to 7 days of paid leave. Under RA 11210, the mother can also opt to allocate up to 7 days of her 105-day leave to the child's father, regardless of their marital status.
Gynecological Leave: Under the Magna Carta of Women, an employee who undergoes surgery due to gynecological disorders (after rendered at least 6 months of service) is entitled to up to two months of leave with full pay.
Safe Working Conditions: Employers are required to provide a safe working environment. This includes avoiding tasks that involve heavy lifting or exposure to hazardous chemicals during pregnancy.

V. Key Takeaways for Probationary Employees

Transparency is Protection: Notify your employer and HR department as soon as you have your medical certificate to ensure you are covered by the anti-discrimination protections.
Monitor Your Contributions: Check your SSS portal to ensure your employer is remitting your contributions; this is vital for your benefit claim.
Probationary Clock: The period of your maternity leave is generally not counted toward the completion of your probationary period. The "clock" usually pauses and resumes when you return, unless your contract states otherwise.

Would you like me to draft a formal Pregnancy Notification Letter or a Maternity Leave Application addressed to your employer?