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Terminated while pregnant

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1 Terminated while pregnant on Wed May 02, 2018 6:39 am

BBomb


Arresto Menor
Hello po. Need your advise po sana. Around Dec. 15, 2016 onwards, I did not report for work due to my heart condition and my pregnancy. I was around 6 mos pregnant at that time. On Jan. 04, 2017 I was able to secure a medical certificate from my OB and my cardiologist stating that I should go on medical leave until I give birth (around mid-March) and has inclusive dates from the start of my absences on Dec.15 onwards. My husband went to my office to give them the medcert and left the medcert with the office lobby guard after talking over the phone with the clinic nurse. She said that she will pick it up at the lobby and she was just with a patient. Knowing that they have a copy of my document already, I was surprised when I received an RTWO on Feb.01, 2017 for job abandonment. They required me to physically report for work ASAP and I am given until Feb.10 to do it. Prior to this, I received no communication from my supervisor that they did not receive any document. I was in constant communication with my office mates through FB messenger and they never said anything was wrong nor did my supervisor relay anything for them to tell me. My phone was busted so they couldn't SMS me. But the company did know my address, my email, my FB. They even sent the company nurse before when I was on bed rest a year before my pregnancy. But during this situation, they didn't send anyone just the RTWO immediately. My husband called the office and spoke with one of the other officers and my husband said that he will be dropping by the next day to provide a copy of the medcert. He said it was okay. Feb. 10 came and while my husband was prepping to go to my office, a messenger came and gave me a termination paper for job abandonment. I asked for a copy of the policy from my office mate and it said that job abandonment has a consequence of final written warning with a prerequisite 2 hearings. I didn't get any hearing at all. Aside from that, they are withholding my MAT benefit. They said that they will only release it once I sign termination papers and they will just include it with my backpay. They won't even give me documents that I can submit to SSS so I can just file my MAT myself. Can I file a labor case against my former employer? If I do, will it have enough merit to progress? TIA.

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2 Re: Terminated while pregnant on Wed May 02, 2018 8:38 am

mikos23

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Reclusion Perpetua
First, regarding the hearing, you were already informed about it, that is the return to work order.

Second, regarding "AWOL" that lead to job abandonment: no matter how valid the reason and good supporting documents, if you had not secured a documented approval that you are on leave, you can be charge with AWOL. It is your responsibility to get that from your immediate superior or the management of your company.

Third, there is always a merit in every case, no matter how slip. you can file a labor case, but it will take a minimum of 6 months to process SENA cases, Just think if you can travel to DOLE for the hearing in your condition, and that you have enough money to support the child birth without the maternity benefit of SSS (since they will not release the documents until the resolution of the SENA case).

Hope this helps.

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3 Re: Terminated while pregnant on Wed May 02, 2018 10:19 pm

BBomb


Arresto Menor
Isn't a return to work order just that, a return to work order? I mean I'm not being sarcastic and all but it is stated in THEIR policy that whatever slip-ups or mistakes an employee may have, they are entitled to be heard. Isn't that a must for every case, whether criminal or civil? I was already approved for the medical leave, they just needed my doctors medical certificate which I already provided to them. So from Dec. 15 until Feb. 01, they never notified me nor asked about the medical certificate (which they said on Feb. 01 they did not receive). So ano yun, deadma lang muna tas kung kelan nila trip, saka padalan ng RTWO? Since hindi naman ako nagnnotify na since I sent my medcert (na again hindi daw nila natanggap), hindi ba dapat No Call No Show nako dahil hindi ako nagnnotify ng absences? I already gave birth na last year pa, but the thing is, whether I can shoulder my childbirth expenses with or without the MAT benefit, it IS my right and my benefit, I did pay for the premiums. So dahil tinerminate nila ko, I am not entitled to that benefit?

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4 Re: Terminated while pregnant on Thu May 03, 2018 8:05 am

lukekyle


Reclusion Perpetua
once you do not respond to a RTWO it is deemed that you are no longer interested in your job and a case of job abandonment will be filed. What is off is that the messenger should have been sent on Feb 11th. You may question this with HR.

Regarding the maternity benefits, yes you are right, this should've been advanced to you before you gave birth. This benefit should have nothing to do with termination. The problem is they will not release it until you are cleared. You may file claims on this matter, unfortunately as Mikos said it will take quite a while to resolve this. But there is no way they can withhold this indefinitely

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5 Re: Terminated while pregnant on Thu May 03, 2018 10:35 pm

BBomb


Arresto Menor
Last nalang po hehe Since I was on bedrest during that time, I was unable to physically report to the office. Since my deadline to respond/report to the office was until Feb.10, my husband was the one who called them on Feb. 09, spoke to one of the supervisors over the phone (which the sup acknowledged) and told them that he will be the one to drop by the office the following day (Feb.10) to provide my medical certificate. Should that not suffice as my intention to report to work once I give birth and should have accorded me at least a Notice to Explain?

BTW, okay na yung sa SSS. I spoke with someone from SSS and told them about my situation. They said they will just need the usual docs for MAT (like the child's BC, hospital records, etc) with an additional notarized document stating I have not received the maternity benefit yet. I will go ahead and file my MAT one of these days so I don't have to go through that company to get my benefit.

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6 Re: Terminated while pregnant on Thu May 03, 2018 10:49 pm

lukekyle


Reclusion Perpetua
no that will not suffice, but if he did drop the med cert off on feb 10 then that should be enough to temporarily comply with the rtwo

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7 Re: Terminated while pregnant on Fri May 04, 2018 6:06 am

BBomb


Arresto Menor
He was not able to drop by the office na po kasi the messenger came by the house with the termination paper morning palang, eh ang shift namin is during the night and HR office hours starts at 11am. Which is what's funny kasi I was given until Feb. 10 and yet, early in the day palang, may termination paper nako. Which made me wonder, was the termination paper already prepared days in advance or a day ahead? Kaya I was not able to talk to anyone from HR on Feb. 10 until around noon pa kasi when I got the termination paper Feb. 10, wala pang tao sa HR.

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8 Re: Terminated while pregnant on Fri May 04, 2018 7:18 am

lukekyle


Reclusion Perpetua
yes i know, i did say na weird at hindi makapaghintay

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