Here’s a practical, Philippine-specific legal guide to what a pregnant employee is entitled to upon return to work after maternity leave. It distills the core rights and duties found across the Labor Code (as amended), the 105-Day Expanded Maternity Leave Law (Republic Act No. 11210) and its IRR, the Magna Carta of Women (RA 9710), the Expanded Breastfeeding Promotion Act (RA 10028), the Telecommuting Act (RA 11165), the OSH Law (RA 11058) and related DOLE issuances. (This is general information, not legal advice.)

Core return-to-work rights

1) Security of tenure and reinstatement

No dismissal, demotion, or disciplinary action because of pregnancy, childbirth, or having taken maternity leave.
Right to return to the same position held before leave, or to a substantially equivalent position (similar pay, benefits, seniority, and status) if the original post no longer exists for legitimate business reasons.
Continuous service / seniority: maternity leave does not break tenure. Length-of-service–based benefits (e.g., service incentive leave eligibility, seniority) should continue to accrue as if the employee had not been separated.

2) Non-diminution and equal pay

No reduction of pay rate or regular benefits upon return.
Equal opportunity/equal pay protections apply; denial of promotion or training opportunities on account of recent childbirth or breastfeeding is discriminatory.

3) Breastfeeding and lactation support (RA 10028)

Paid lactation breaks: reasonable paid breaks (on top of meal periods) to express milk during the workday. Practice is to allow about 40 minutes total for every 8-hour shift, taken in intervals suited to medical need and workflow.
Lactation station: clean, private, non-toilet space for expressing milk, with a chair, table, electrical outlet, and hand-hygiene facilities.
No retaliation for using lactation breaks; do not treat lactation time as tardiness or AWOL.

4) Flexible or humane work arrangements (post-partum)

Reasonable accommodation: where medically indicated (e.g., post-partum complications, C-section recovery, or breastfeeding needs), employers should make practical adjustments (temporary light duty, adjusted targets/shifts, short-term schedule tweaks).
Telecommuting parity (RA 11165): if the company offers work-from-home or flexible work to others, a returning mother must receive equal treatment (pay, benefits, evaluation, training, and promotion opportunities).

5) Occupational safety and health (RA 11058)

Safe post-partum return: the workplace must be free from recognized hazards. If the role involves exposure to chemicals/biologic agents, heavy lifting, or strenuous tasks, the employer should conduct a risk assessment and, when needed, temporarily modify duties or provide appropriate PPE and controls.
Medical clearance: an employer may ask for fitness-to-work certification only when job-related and necessary for safety—not as a pretext to delay reinstatement.

6) Leave continuity and extensions

Maternity leave itself: 105 paid days (with an extra 15 paid days for solo parents) under RA 11210; plus up to 30 additional days without pay at the employee’s option.
After return: if post-partum illness arises after the paid/approved period, the employee may use available sick leave or, if eligible, SSS sickness benefits (separate from maternity benefits).
Paternity/partner transfer: note that up to 7 days of the maternity leave may be transferred to the child’s father or an alternate caregiver (handled before the return, but HR should recognize this in scheduling).

7) Benefits and payroll treatment

No offsetting or clawback: employers cannot deduct ordinary company benefits because the employee used maternity leave; no penalty for availing of lawful leave.
13th-month pay and bonuses: compute according to company policy and applicable rules. Maternity benefits are SSS-based; ensure payroll treats them correctly (maternity benefit itself is generally not subject to income tax, and employers should avoid double-counting or improper exclusions).
Return-to-work date: HR should issue clear written confirmation of the report-back date, schedule, and any transitional arrangements.

8) Freedom from discrimination and harassment

Pregnancy/parenthood discrimination is prohibited. Adverse actions tied to pregnancy, childbirth, breastfeeding, or recent return can ground a complaint under the Labor Code, RA 9710, and relevant DOLE/PCW policies.
Harassment policies apply fully to nursing mothers (e.g., mocking lactation, blocking use of lactation rooms, or hostile comments can be actionable).

Employer obligations on the employee’s first weeks back

Reinstate to the same/equivalent role with the same rate, seniority, and benefits.
Orient the returning employee on workload changes that occurred during leave; provide catch-up briefings and reasonable timelines.
Set up lactation access: identify the lactation room, explain how to book it (if applicable), and recognize lactation time in timekeeping.
Offer transitional flexibility (where feasible): short-term schedule tweaks, break timing, or phased ramp-up aligned with operational needs.
OSH risk review if the role has physical/chemical exposures; adjust temporarily if needed.
Keep records (confidentially) of leave usage, benefits paid, and any accommodations made.

Practical boundaries and good-faith rules

No forced early return: the employee decides whether to use the full paid leave (and any optional 30 days without pay).
Performance management: returning employees remain accountable for reasonable job standards; however, targets should reflect any short transition period and lawful breaks.
Attendance / timekeeping: lactation time is paid and should not be treated as tardiness; coordinate schedules to avoid unnecessary conflicts.
Policy transparency: handbooks should spell out maternity, lactation, flexible work, and OSH protocols in line with the above laws.

Enforcement and remedies (where to go if rights are violated)

DOLE Regional Office / National Labor Relations Commission (NLRC) for illegal dismissal, non-reinstatement, or diminution of benefits.
Commission on Human Rights / Philippine Commission on Women for discrimination or violations of the Magna Carta of Women.
City/Municipal Health Office (often designated for RA 10028 compliance checks on lactation stations).
SSS for issues on maternity/sickness benefits processing.

Quick checklists

For employees (before returning)

Submit notice of return and any medical clearance only if job-related risks exist.
Inform HR of lactation needs and preferred break windows.
Ask for catch-up orientation and any temporary adjustments if medically indicated.

For employers/HR

Issue a return-to-work memo confirming position, pay, and start date.
Ensure the lactation station is available and breaks are paid.
Review OSH risks and any short-term accommodations.
Train line managers to avoid discriminatory conduct and to schedule fairly.

If you want, tell me your industry and work setup (office/field/shift/WFH). I can tailor this into a one-page policy or a return-to-work plan you can give to HR.