Possible Term - Pregnant Employee

Good day. My live-in partner is currently 3 months pregnant.

Last September (during this time she and the company did not know she is pregnant yet), she incurred 3 consecutive absences because of personal matters and the death of a family member. They had an admin hearing around the 1st week of October to determine if she will be dismissed or not. She was allowed to work and it has been weeks but the HR and her Team Manager didn't inform her the result of the admin hearing yet.

In October she found out that she's pregnant and gave all necessary docs to his Manager, she was even allowed to take a week of Sick Leave because of the doctor's recommendation. She requested to be moved to morning schedule because she's experiencing pregnancy symptoms during the night and does not get enough sleep.

It's been 3 weeks since she requested but she's still not being moved to a morning schedule. During this time she incurred absences again but has been informing his manager every time.

I'm furious because every time she goes to work her manager and teammates seems to be hostile to her. She said she felt they are making negative allusions because she stays on a station away from her teams bay because she's cold and take a lot of trips to the bathroom and clinic, pinariringgan sya. I don't have proof of the hostility except for sarcastic replies she received from his manager every time she asks about the update on the schedule shift or informs him of an absence.

I feel that he puts a burden and cause further stress to my pregnant wife. Right now she hears rumors in the office that she will be terminated due to absences.

Can she still be dismissed for the absences she incurred last September? I feel like his manager wants to dismiss her because she still not being moved to a morning schedule despite doctors recommendations.

yes she can be but medyo harsh naman if 3 absences lang termination na kagad

if ever man, malaki ba ang chance namin manalo pag nagfile dahil obvious naman na discrimination. more than 1 month na hearing tapos nung may request sya from doctor to be moved in the morning sched bigla didismiss na sya?

Para maging obvious kelangan meron ibang employee din na same scenario na pinayagan tapos ikaw hindi. Or meron kang testigo na nagsabi na inutusan syang pahirapan ang misis mo. For me your chances are very slim.

Yung sa paglipat ng schedule, hindi kasi kelangan sundin ng manager ang recommendation ng doctor, pwede naman ilagay sa flotaing status ang misis mo up till pwede na syang magtrabaho ulit sa gabi.

For me instead of filing a case of discrimination, ang i-file nyo is illegal termination. Question the harshness of the punishment for 3 absences. i would suggest na you consult a lawyer and ask for his recommendations.

Question zeal182,

Is she already terminated or not?

Not yet... Pero their giving hints that they might... 2 weeks na yung request nya pero may mas nauna pang nagpangbmorning kesa sa kanya at yung isang employee nanyung di naman pinapahirapan ng ganyan.

Nagrequest si misis ng movement tapos sinabihan sya kung ready naba sya dun sa result nung pending case nya which is 2 months ago pa na d naman nila tinatanong bago sya nagkaron ng doctors request for schedule movement. Sinabi na lang nya na ibigay nanyung result dahil nakakastress din pinagpapasa pasahan sya kapag nagaask ng update

As for me, since wala naman labag na ground for termination and you wife is following the rules of the company then she can work diligently and leave the discrimination part kasi hindi naman mawawala yan sa isang company.

Basta nakapag file sya ng sick leave with proper documents di sya pwede ma terminate
try to read this:
To equalize gender imbalances in the workplace, Republic Act No. 10151, otherwise known as the Night Workers Act, repealed the provisions of the Labor Code which prohibited women from working from 10 p.m to 6 a.m. Furthermore, the said law mandates that measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth. During such period, a woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes that are not connected with pregnancy, childbirth and childcare responsibilities. In addition, the woman worker shall not lose her status, seniority, and access to promotion. However, pregnant women 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.


http://ndvlaw.com/maternity-rights-in-the-philippines/

hindi sya pwedeng mag file ng sick leave kasi as previously stated, personal matters and death sa family ang reason behind her absences

Hi question lang po. Pwede bang materminate ang pregnant employee dahil sa absence kung nagpapaalam naman? Full knowledge ng managers na pregnant ang employee nagsubmit n ng ultrasound etc kaso pag hirap pumasok dahil sa symptoms nagpapaalam naman; and pahirapan ba talaga mag leave without pay kahit alam na pregnant ka na parang pinipilit kapang pumasok?

Regarding sa leaves, di problema ang pag pa-paalam. ang problema ay pina payagan ba? kahit 100x ka mag paalam at di naman pumayag ng 100x din, awol ang mangayayari sa iyo. sa kadalasang "awol" or absent without leave, pwede matangal ang isang empleyado.