Termination During Maternity Leave in the Philippines

Question: Pwede ba akong tanggalin sa trabaho habang nasa maternity leave kahit nakapagpasa na ako ng maternity leave requirements sa HR at nakapagpaalam sa team leader ko?

Maternity Leave Rights in the Philippines

The Philippines has established laws to protect the rights of pregnant employees, specifically under the Republic Act No. 11210 or the 105-Day Expanded Maternity Leave Law. This law provides various protections and benefits to female employees during their pregnancy and after childbirth.

Key Provisions of the 105-Day Expanded Maternity Leave Law

1. Duration of Leave: Female workers are entitled to 105 days of paid maternity leave, with an option to extend for an additional 30 days without pay.
2. Notice and Requirements: Employees must notify their employer and submit the necessary documentation, such as a medical certificate and maternity leave application form, to avail of the leave.
3. Non-Discrimination: Employers are prohibited from discriminating against female employees due to pregnancy or childbirth.

Illegal Termination During Maternity Leave

Terminating an employee during her maternity leave is generally considered illegal and discriminatory under Philippine labor laws. The following points outline why such termination is unlawful:

1. Protection from Dismissal: Under the Labor Code of the Philippines, employees on maternity leave are protected from dismissal. Terminating an employee during this period violates her right to maternity benefits and protection.
2. Grounds for Termination: For termination to be valid, it must be based on just or authorized causes as stipulated in the Labor Code. Being on maternity leave is not a valid ground for termination.
3. Due Process: Employers must observe due process before terminating an employee. This includes providing written notice and conducting a proper investigation. Termination without due process is illegal.

Steps to Take if Terminated During Maternity Leave

1. Document Everything: Keep all records of communications with your employer, including emails, letters, and notifications regarding your maternity leave.
2. Seek Legal Assistance: Consult with a lawyer who specializes in labor law to understand your rights and the legal remedies available to you.
3. File a Complaint: You can file a complaint with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC) for illegal dismissal and violation of your maternity leave rights.

Filing a Complaint with DOLE or NLRC

1. Prepare the Complaint: Gather all necessary documents, such as employment records, communications with HR and your team leader, and any termination notice.
2. Submit the Complaint: File your complaint with the appropriate office. DOLE handles labor standard cases, while the NLRC handles cases involving illegal dismissal.
3. Attend Hearings: Participate in the hearings and mediation sessions scheduled by DOLE or NLRC to resolve the issue.

Possible Remedies

• Reinstatement: You may be entitled to reinstatement to your previous position without loss of seniority rights.
• Back Wages: Compensation for wages lost due to the illegal termination.
• Damages: Additional monetary compensation for the emotional and psychological distress caused by the illegal termination.

Conclusion

Terminating an employee during her maternity leave is generally considered illegal and discriminatory in the Philippines. Employees are protected under the 105-Day Expanded Maternity Leave Law and the Labor Code. If you are terminated during maternity leave, it is essential to document everything, seek legal assistance, and file a complaint with DOLE or NLRC to assert your rights and seek appropriate remedies.