What can an employee do if they are benched without pay due to pregnancy concerns and denied a hybrid work setup?
In the Philippines, pregnant employees are entitled to certain protections under labor laws. These protections ensure their right to fair treatment, non-discrimination, and reasonable accommodations during pregnancy and maternity leave. Here's what you can do if you find yourself in this situation:
Maternity Leave Entitlements
Under the Expanded Maternity Leave Law (Republic Act No. 11210), female employees in the private sector are entitled to 105 days of paid maternity leave, with an additional 15 days for solo mothers, and an option to extend for another 30 days without pay.
Right to Non-Discrimination
The Labor Code of the Philippines prohibits discrimination against women on account of their sex. This includes discrimination due to pregnancy. Employers cannot terminate or withhold benefits from an employee due to pregnancy.
Request for Reasonable Accommodation
Employees with high-risk pregnancies can request reasonable accommodations. Reasonable accommodations may include adjustments to work schedules, such as a hybrid work setup, especially if daily commutes pose a health risk.
Steps to Take if Denied Accommodations
Communicate with HR: Document your request for a hybrid setup and provide medical certification of your high-risk pregnancy. Ensure all communications are in writing.
Review Company Policies: Check if your company's policies on work-from-home arrangements and accommodations align with labor laws and the guidelines issued by the Department of Labor and Employment (DOLE).
File a Complaint: If your employer denies your request for accommodation and benches you without pay, you can file a complaint with the DOLE. The DOLE can mediate between you and your employer to reach a resolution.
Seek Legal Assistance: If the issue persists, consider consulting with a labor lawyer. Legal professionals can provide guidance and help you file a case for discrimination or unfair labor practices if necessary.
Employer’s Responsibility
Employers are required to provide a safe and non-discriminatory work environment. They must adhere to labor laws and provide necessary accommodations for pregnant employees, especially those with high-risk pregnancies.
DOLE Assistance
The DOLE provides assistance to employees facing workplace issues. You can contact the DOLE for guidance on how to proceed with filing a complaint or seeking mediation services.
By understanding your rights and the legal protections in place, you can take appropriate actions to address any unfair treatment or denial of reasonable accommodations during your pregnancy.