Pregnancy Is Not Deception: A Reminder to the HR Practitioners in the HR Forums

What will HR do if you found out that the new hire is pregnant?

Every few months, this question resurfaces in HR Facebook group/circles: “Employee didn’t disclose she was pregnant. She’s almost due. Can we terminate her for deception?”

Short answer? No.

Longer answer? Also, no — and doing so may expose the company to serious legal risk.

Let’s unpack this properly.

Women Are Protected Under the Labor Code

Even before the Magna Carta of Women or the Expanded Maternity Leave Law was promulgated, the Labor Code (PD 442) already protected women workers:

• Employers cannot terminate a female employee because she is pregnant or while on pregnancy leave.

• Employers cannot deny benefits under the Labor Code to pregnant employees.

• Employers must reinstate women returning from Maternity Leave, even if they may get pregnant again.

This shows that pregnancy protection has long been part of Philippine Labor Code.

The Brutal Truth About Probationary Employees

Here’s the uncomfortable reality: some employers are reluctant to grant maternity benefits to probationary female employees. It’s often seen as “extra cost” or “operational burden.”

Consider this;

• 105 days of maternity leave (120 days if the employee is a single parent)

• Cost of hiring a temporary reliever

• Redistribution of tasks to colleagues during her absence

It’s understandable from an operational standpoint. But that is exactly why terminating her is a legal minefield — the labor law favors protection over inconvenience.

Operational inconvenience is manageable. Legal exposure is not.

Let’s Be Honest

If she disclosed the pregnancy during hiring, would the company have hired her without hesitation?

If the answer is:

• “We would think twice,” or

• “We would reconsider,”

Then that is precisely why the law protects pregnant employees.

The law exists because bias exists.

Real-World Proof: Experience Speaks

I remembered when I was working with a company that hired a pregnant employee. She took her maternity leave, returned to work, and was eventually regularized.

If that was possible then, there is no justification why any employer should terminate a probationary employee simply because she disclosed pregnancy.

This is not theoretical — this is proven HR practice.

Operational Inconvenience Is Not Misconduct

The company is facing a temporary gap. A probationary employee is almost due and will soon go on maternity leave.

That is not fraud.

That is not serious misconduct.

That is not willful disobedience.

It is a workforce planning issue.

Workforce planning issues are solved by hiring relievers or distributing the employee's task to another staff — not by creating labor cases.

The Real Risk

Terminate her now, immediately after disclosure, and the company risks:

• Illegal dismissal complaint

• Discrimination complaint

• Investigation and exposure before DOLE

The burden is on the employer to prove that the termination had absolutely nothing to do with the pregnancy. That is a heavy burden — especially given the timing.

The Smarter HR Move

• Retain the employee.

• Process maternity leave properly.

• Hire a temporary reliever or redistribute tasks during her absence.

Operational gaps are temporary. Legal disputes are not.

Final Thought

HR’s role is not to react emotionally to inconvenience.

HR’s role is to protect the organization from preventable legal exposure — even when it feels unfair or

costly.

Pregnancy is not deception.

But terminating because of it? That may be.

About Me:

Joseline M. Alosbaños, known as the HR Carousel Ringmistress, is a Philippine-based Certified HR Practitioner with over twenty years of experience in Human Resources Management. Her extensive career spans various sectors, including corporate, freelancing, and consulting, equipping her with a wide range of skills. Joseline excels in employee relations, talent acquisition, total rewards management, HR operations, and organizational development, successfully implementing HR strategies that align with business objectives and promote a positive workplace atmosphere. If you require my services, feel free to contact me at joyce.alosbanos@gmail.com.