Can You Be Fired for Getting Pregnant?
Quick answer
No. Under Article 135 [137] of the Labor Code, it is unlawful for an employer to dismiss a woman because she is pregnant, while she is on leave or confined because of her pregnancy, or to refuse to take her back for fear that she may get pregnant again. In Leus (2015), the Supreme Court also held that a school could not dismiss an employee for getting pregnant before marriage when, judged by public and secular morality, her conduct was not disgraceful or immoral.
What does the Labor Code say about pregnancy and dismissal?
The rule is [Article 135 [137]](/law/labor-code/article-135). It was Article 137 before the 2015 renumbering, so older decisions use that number. It reads:
It shall be unlawful for any employer:
(1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code;
(2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
(3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
So the article protects a woman worker in three situations:
- Before she uses a benefit. The employer may not dismiss her to keep her from enjoying benefits under the Code.
- While pregnant or on leave. The employer may not dismiss her because of the pregnancy, or while she is on leave or confined because of it.
- When she comes back. The employer may not dismiss her, or refuse to take her back, for fear she may get pregnant again.
What about maternity leave?
Maternity leave and its benefits are governed by a separate law, Republic Act No. 11210, which also protects the security of tenure of women who use the benefit. This page does not repeat those rules. See maternity leave rights.
Can a woman be dismissed for getting pregnant outside marriage?
The Supreme Court answered this in a school case. In Leus v. St. Scholastica's College Westgrove (G.R. No. 187226, 2015), a non-teaching employee of a Catholic school became pregnant before marriage. She and the father had no legal impediment to marry, and they married before her dismissal. The school dismissed her for "disgraceful or immoral conduct" under the regulations for private schools.
The Court ruled that her dismissal was illegal. It used a two-step test: first, look at the totality of the circumstances of the conduct; second, assess those circumstances against "the prevailing norms of conduct, i.e., what the society generally considers moral and respectable." It said the morality that matters is "public and secular morality," and it judged the matter "from a strictly neutral and secular point of view." Measured that way, her conduct "cannot be considered as disgraceful or immoral."
The Court ordered full backwages and separation pay in place of reinstatement.
Note: the Court decided Leus under the school regulations and the just causes for dismissal in what is now [Article 297 [282]](/law/labor-code/article-297), not under Article 135 [137] itself. It is a related ruling, decided on its own facts.
Can a pregnant employee still be dismissed for other reasons?
Pregnancy is never a ground. But the law does not make a pregnant worker impossible to dismiss for a valid cause unrelated to the pregnancy. Article 158 of the Labor Code, on women night workers, says it this way for the periods it covers:
(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.
Any dismissal must have a just or authorized cause, proven by the employer, and must follow due process. See valid reasons to fire an employee.
What protections apply to pregnant night workers?
Article 158, added by Republic Act No. 10151, requires measures so that women who would otherwise work at night have an alternative to night work before and after childbirth, for at least sixteen weeks, and for added periods with a medical certificate, including during pregnancy. It also says:
Pregnant women and nursing mothers may be allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the case of pregnant employees, the period of the pregnancy that they can safely work.
What can a worker get if dismissed because of pregnancy?
A dismissal without a valid cause is an illegal dismissal. The usual remedies are reinstatement without loss of seniority rights and full backwages under [Article 294 [279]](/law/labor-code/article-294), or separation pay where reinstatement is no longer possible, as in Leus. See illegal dismissal remedies. Policies that ban marriage raise a related question: see can an employer ban employees from marrying? and [Article 134 [136]](/law/labor-code/article-134).
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Joanna works in a call center. Two weeks after she tells her supervisor she is pregnant, she receives a termination notice saying she "can no longer meet targets," though her ratings were good. Under Article 135 137, dismissing a woman on account of her pregnancy is unlawful. Whether the stated reason is real or a cover is decided on the evidence.
Mae returns from maternity leave and is told her post has been "given to someone who will not take leave again." Article 135 137 makes it unlawful to refuse her admission for fear that she may again be pregnant.
Bea is an unmarried office worker in a private school who becomes pregnant. The school tells her the pregnancy is immoral conduct. Under Leus, conduct is judged by public and secular morality, and the circumstances of each case matter.
When do you need a lawyer?
A dismissal connected with pregnancy is a serious matter, and the deadlines for illegal dismissal and money claims keep running. Keep every notice, message and medical record, and talk to a lawyer, a union or the Public Attorney's Office as soon as possible. A complaint usually starts with conciliation at DOLE; see how to file a labor complaint. If you cannot afford a lawyer, see Free legal help in the Philippines.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
Frequently asked questions
Can an employer fire a woman because she is pregnant?
No. Article 135 [137] of the Labor Code makes it unlawful for an employer to discharge a woman on account of her pregnancy, or while she is on leave or in confinement due to her pregnancy.
Can an employer refuse to take me back after maternity leave?
Article 135 [137] also makes it unlawful to discharge a woman, or refuse her admission, when she returns to work, for fear that she may again be pregnant.
Can I be fired for getting pregnant outside marriage?
In Leus v. St. Scholastica's College Westgrove (2015), the Supreme Court held that the pregnancy outside marriage of a school employee, who had no legal impediment to marry the father and married him, was not disgraceful or immoral conduct judged by public and secular morality. Her dismissal was illegal.
Was Leus decided under Article 135 [137]?
No. The Court decided Leus under the school regulations on disgraceful or immoral conduct and the just causes for dismissal. It is related to pregnancy-based dismissals, but it did not apply Article 135 [137] itself.
Can a pregnant worker still be dismissed for a valid reason?
Pregnancy itself is not a ground. A just or authorized cause under the Labor Code that is not connected with the pregnancy, proven with due process, is a separate matter that depends on the facts.
What protections apply to pregnant night workers?
Article 158 of the Labor Code requires alternatives to night work for women before and after childbirth and, with a medical certificate, during pregnancy. During those periods a woman may not be dismissed except for just or authorized causes not connected with pregnancy, childbirth and childcare responsibilities.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?