Termination While Pregnant: Rights to SSS Maternity Benefits and Illegal Dismissal Remedies (Philippines)

Introduction

In the Philippines, pregnancy is a protected status under labor and social security laws, designed to safeguard the rights of working women during one of the most vulnerable periods of their lives. The intersection of termination (or dismissal) from employment while pregnant raises critical issues concerning maternity benefits from the Social Security System (SSS) and remedies for illegal dismissal. These protections stem primarily from the Labor Code of the Philippines (Presidential Decree No. 442, as amended), Republic Act No. 11210 (the Expanded Maternity Leave Law of 2019), and SSS regulations. This article comprehensively explores the legal framework, entitlements, prohibitions, procedural remedies, and practical considerations for pregnant employees facing termination. It emphasizes that any dismissal during pregnancy is presumptively scrutinized for illegality, ensuring that women are not penalized for their reproductive choices.

Rights to SSS Maternity Benefits

The SSS, established under Republic Act No. 1161 (Social Security Law, as amended), provides maternity benefits to female members who are employed, self-employed, or otherwise covered under the system. These benefits are a form of social insurance aimed at supporting women during childbirth or miscarriage, and they are not contingent on continued employment. Importantly, termination during pregnancy does not forfeit these rights, as eligibility is based on contributions and the qualifying event (pregnancy-related delivery or miscarriage), not employment status at the time of birth.

Eligibility Criteria

To qualify for SSS maternity benefits, a female member must:

Have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her delivery or miscarriage.
Be confined for childbirth (normal delivery, cesarean section, or miscarriage after the first trimester).
Notify the SSS of her pregnancy and expected delivery date within the first two months of pregnancy (via prescribed forms like the Maternity Reimbursement Form for employers or direct SSS application).
For miscarriages in the first trimester, notification must be made within five days after the event.

Self-employed or voluntary members follow similar rules but must ensure their contributions are up to date.

Nature and Computation of Benefits

Under RA 11210, maternity leave has been expanded to 105 days (from the previous 60 days), with full pay for the duration. SSS maternity benefits are cash payments separate from employer-paid wages:

Daily Benefit Amount: Equivalent to 100% of the member's average daily salary credit (ADSC), computed based on the highest average monthly salary credit over the last 12 months. The ADSC is capped at ₱1,000 per day (as of the latest adjustments; subject to periodic SSS revisions).
Total Benefit Period: Up to 105 days, payable regardless of whether the leave is continuous or solitary (e.g., for miscarriage or complications). An additional 30 days of unpaid leave is available without benefits.
Payment Modes:
- Direct Payment from SSS: For members not employed or whose employers do not reimburse.
- Reimbursement to Employer: If the employer advances the full pay during maternity leave, it can claim reimbursement from SSS up to the benefit amount.
Special Cases:
- Miscarriage or Emergency Termination: Full benefits apply if after the first trimester; partial or pro-rated for earlier cases.
- Solo Parents: Under RA 8972 (Solo Parents' Welfare Act), additional support may apply, but SSS benefits remain the core entitlement.
- Adoptive Mothers: Benefits extend to those adopting a child under 16, with 105 days of leave.

Impact of Termination on Benefits

Dismissal while pregnant does not affect SSS maternity benefits. The SSS law views these as vested rights earned through contributions, independent of employer actions. However:

If termination occurs before delivery, the employee must still notify SSS directly.
Employers cannot withhold or deduct benefits as a form of penalty for "abandonment" or other claims post-termination.
In cases of illegal dismissal (detailed below), courts may order the employer to pay any advanced maternity pay as part of backwages or damages.

Failure to claim benefits within 10 years from the date of contingency results in forfeiture, so prompt action is essential. Applications are filed online via the SSS portal (mysss.gov.ph) or at SSS branches, requiring medical certificates, birth records, and contribution proofs.

Protections Against Termination During Pregnancy

Philippine labor law explicitly prohibits discrimination and termination based on pregnancy, recognizing it as a form of gender-based discrimination under the Magna Carta of Women (RA 9710) and the Labor Code.

Key Legal Prohibitions

Article 135 of the Labor Code: It is unlawful for an employer to:
- Discharge any woman on account of her pregnancy.
- Dismiss, discharge, or lay off a woman while she is on maternity leave.
- Discriminate against a woman employee with respect to terms and conditions of employment on account of her pregnancy.
RA 11210 (Expanded Maternity Leave Law): Reinforces these protections by mandating 105 days of paid maternity leave, during which termination is strictly forbidden. This leave can start up to seven days before the expected delivery date.
Anti-Discrimination Laws: RA 9710 and the Civil Code (Article 19 on abuse of rights) provide broader safeguards against harassment or constructive dismissal (e.g., demotion, transfer, or intolerable working conditions) due to pregnancy.
Night Work and Hazardous Conditions: Under Article 132, pregnant women cannot be assigned to night work (10 PM to 6 AM) in the last trimester or to hazardous jobs, with violations leading to penalties.

Presumption of Illegality

Any termination during pregnancy or maternity leave is presumed illegal unless the employer proves a just or authorized cause unrelated to the pregnancy (e.g., serious misconduct, redundancy, or closure of business). The burden of proof shifts to the employer, as established in Supreme Court jurisprudence (e.g., Sy v. CA, G.R. No. 152375, 2004). Constructive dismissal—where conditions force resignation—is equally prohibited and treated as illegal termination.

Exceptions and Limitations

Probationary Employment: Even probationary employees enjoy pregnancy protections; termination must still be for valid reasons, not pregnancy-related.
Casual or Project-Based Workers: Fixed-term contracts cannot be non-renewed solely due to pregnancy, as this constitutes discrimination.
Government Employees: Similar protections apply under Civil Service rules and RA 11210.

Violations expose employers to fines (₱20,000–₱100,000 per offense under the Labor Code) and criminal liability (imprisonment of 6 months to 1 year).

Remedies for Illegal Dismissal

If an employer terminates a pregnant employee in violation of these laws, the employee has robust remedies through administrative, quasi-judicial, and judicial channels. The goal is to restore the employee to her pre-termination status and compensate for losses.

Procedural Steps

Internal Remedy: Exhaust company grievance procedures under the Collective Bargaining Agreement (if unionized) or company policy.
Department of Labor and Employment (DOLE) Complaint: File a complaint for illegal dismissal at the nearest DOLE regional office within four years from termination (prescription period under Article 306). No filing fee is required. DOLE mediation is mandatory; if unresolved, it proceeds to arbitration.
National Labor Relations Commission (NLRC): For compulsory arbitration, the case goes to the NLRC or Labor Arbiters. Hearings focus on whether the dismissal was due to pregnancy.
Court of Appeals and Supreme Court: Appeals lie with the CA, then SC, for questions of law.

Available Remedies

Reinstatement: Immediate return to work without loss of seniority, with full backwages from dismissal date until actual reinstatement. For pregnant employees, courts prioritize reinstatement to protect ongoing maternity rights (e.g., BPI v. NLRC, G.R. No. 164301, 2007).
Backwages and Benefits: Full salary, allowances, 13th-month pay, and SSS/PhilHealth contributions from dismissal to reinstatement. Maternity benefits, if advanced by the employer, must be reimbursed or paid directly.
Separation Pay: If reinstatement is no longer feasible (e.g., strained relations), one month's pay per year of service (at least half-month for every year).
Damages and Attorney's Fees:
- Moral damages for mental anguish (typically ₱50,000–₱100,000).
- Exemplary damages to deter future violations.
- Attorney's fees (10% of the total award) and litigation expenses.
SSS-Specific Remedies: If the employer fails to remit contributions or reimburse maternity benefits, the employee can file a separate claim with SSS for direct payment and pursue employer liability under RA 11199 (SSS Law amendments).

Evidence and Defenses

Employees should gather proof of pregnancy (medical certificate), termination notice, performance records, and witness statements. Employers may defend with evidence of just cause, but pregnancy-related motives (e.g., emails or comments) strengthen the employee's case. Supreme Court cases like PT&T v. NLRC (G.R. No. 118978, 1997) underscore that even indirect discrimination (e.g., withholding promotions) warrants full remedies.

Special Considerations for Pregnant Employees

Urgent Relief: Pregnant women can seek temporary relief orders (TRO) from NLRC to prevent eviction from company housing or other hardships.
Union Support: If unionized, the union must assist under Article 260.
Alternative Dispute Resolution: Voluntary arbitration or mediation can expedite resolution.

Practical Advice and Challenges

Pregnant employees facing termination should:

Document everything, including communications about pregnancy.
Consult a labor lawyer or free legal aid from the Public Attorney's Office (PAO) or Integrated Bar of the Philippines.
Continue SSS contributions independently if unemployed to preserve benefits.

Challenges include employer retaliation, delayed justice (cases can take 2–5 years), and economic vulnerability during pregnancy. Despite this, Philippine courts have consistently ruled in favor of employees in pregnancy-related dismissals, affirming the constitutional right to security of tenure (Article XIII, 1987 Constitution).

Conclusion

Termination while pregnant in the Philippines is not only a potential illegal act but a direct affront to fundamental labor protections. SSS maternity benefits remain a secure entitlement, ensuring financial support during childbirth irrespective of employment status. For illegal dismissals, the remedies—ranging from reinstatement to substantial damages—provide comprehensive redress, underscoring the state's commitment to gender equality and maternal welfare. Employees are empowered to assert these rights vigorously, and employers must navigate terminations with utmost caution to avoid severe penalties. For personalized advice, consulting a legal professional or DOLE is recommended, as individual circumstances may vary.