Pregnancy and Employment in the Philippines
Filipinos have this famous belief that pregnant women can’t be hired all because of their condition. For however stubborn these pregnant women are, people (especially the elderly), would give advice to just stay at home until she delivers the baby; or, eat and stay healthy and out of stress until the baby arrives.
But hell, I’m the epitome of a stubborn pregnant Filipina.
During my first trimester of pregnancy, I was still working at a college near my husband’s house. My baby didn't give me a hard time to balance work and being pregnant because she (yes we’re expecting a daughter) was behave inside me. But then came the feeling of pregnancy lethargy and everything started to change: my sleeping pattern, my eating habit, moods, not to mention my roller-coaster emotion as my wedding got nearer and nearer...
So for the sake of for once in my life following what the elders suggested, I resigned from work... To manage our wedding preps, and to stay fit and healthy during the crucial months of my baby’s maturity.
Days passed. Weeks passed. Months passed.
I got married, started living with my husband, and went idle for the whole day inside the house. The only social interaction I had was when I walk our dog outside the gate but rarely do I talk to people. I never get to socialize because I feel lazy dressing-up and felt it a hassle to go out of the house considering the extreme heat brought by summer.
And then I had to consider that our finances went stricter. Our monetary wedding gifts got depleted; which was our lifeline since we (my husband and I) both ended our employment. We’re surviving daily but we knew this was not enough; more so that our baby is coming.
So with the killing boredom in the house, my personal fear that I might be getting ‘bobo’ everyday because of the lack of mental exercise, and the continuous depletion of our funds, I personally decided to get back to work.
To tell you honestly, it was really hard. I had to hide my employment application from my mother-in-law and my parents because they were all strongly against it. My husband, on the other hand, was also strongly against it; but then I convinced him that it was the most practical thing to do to save money for our baby, to save his self from my daily pregnancy annoyance and trippings, and for me to have something to take my mind off while I wait for the coming of our precious one.
So came my employment applications.
Summer really is the best time for employment in my industry- the academe. Because during this time, people go; and so they have to fill-in those vacancies. I was fortunate enough to have 6 job offers in an instant. But do take note, at that point, I was already 5 months pregnant (I’m on my 6th month now).
What happened to my employment was this:
Employment application 1:
It was a school near our house. So easy to commute, less hassle. I got there and filled-up the application form. There was this part asking if I have any disability or if I am pregnant. As much as I didn't want to disclose my pregnancy, I had to state it there since I had to sign in the end that all the information I wrote down were all true.
Then came the interview. The hr personnel welcomed me warmly but the conversation didn’t go too long. She said, “your background and experiences are very impressive; however, I cannot hire you because you are 5 months pregnant.” The rest of what she said was like “we’re looking for someone who can work without restrain blablabla...” I didn’t bother to listen anymore. She ended her remarks by saying “please do notify us when you’re not pregnant anymore. We’ll surely take you on board.”
So I just thanked her bid her goodbye.
Now to prove their point, my parents checked on me after that application. As always they nagged me about my stubbornness and that no employer would hire me because I am pregnant.
Again, to hell with that first employer. I am not the type who gives up that easy.
I knew that there was something wrong and it bothered me a lot. So I used my bitchy brain to study what happened.
I WAS NOT HIRED SOLELY BECAUSE I AM PREGNANT. Case in point.
Now, having the basic background in law, I consulted our labor code. There’s not a specific part in the labor code that states that pregnant women are not to be allowed to work (well maybe there is, I really don’t know). However, such employment predicament may fall under ‘discrimination against women in terms of her condition.’
Having learned this, and feeling oppressed by the first employer, I wrote them a letter stating my feelings against their refusal of my application on the grounds of my pregnancy and also stated some basic parts of our law that strongly supports this erroneous judgment.
I don’t know if I wrote the letter too strongly, or that I made my point that I incurred ‘emotional damages’ (chos haha) because of the hr’s decision not to consider me for employment, but my gosh, they wrote me back 2 letters. The first one was a personal letter from the hr personnel stating her apology for ‘making me feel discriminated’ and that she didn’t mean it so; and that legal cases are not necessary anymore (I didn’t write that in my letter... well, specifically speaking hehe). The second letter came from their school’s president asking for my apology and that they were sincerely sorry for not hiring me. They said they were just concerned about the welfare of my baby blablabla...
For the next round of my employment applications, I:
Employer no.2: Stated my pregnancy condition during the interview. The principal said that they will consult with their board of directors if they hire pregnant women. Then I called them to follow-up, said they do not hire pregnant women because they were worried about her condition and she might not perform very well daw. So I said over the phone call that that is a form of discrimination against women. 3 days passed, they called me again for the board director’s interview. I went. Then begged-off the offer because the salary’s just a wee-bit above minimum wage. Intelligent bastards. :P
Employer no.3: Also stated my pregnancy condition during the interview. Same thing went that they’ll inform me if they hire pregnant women, they don’t. I told them that I felt discriminated. Asked me to wait for their authorities’ decisions, then called me to say that they already found another applicant but they said sorry for all the hassle. Pssshhhh...
I GOT TIRED OF THE PROCESS GOING OVER AND OVER AGAIN.
My parents were telling me to quit applying and just let myself be confined in our house. My husband was telling me that maybe, those were the signs and that I should just keep myself busy by other things and not by being employed. And then came that 2 of my pregnant friends on facebook lost their babies. :( So maybe the universe was telling me something... Or so I thought.
Our industry, the library profession, is quite small. Some time on the first weeks of May, I received a call from a very good school asking if I could come for an interview. They said they kept my record in active and since a vacancy opened, they considered me for the job. When I got there, no IQ/EQ/whatever tests happened- just directly an interview with my supposed immediate supervisor. I didn’t tell them that I was pregnant for fears that my crazy employment shenanigans would incur. After the interview, they said they’ll call me up again for possible contract signing.
But then the hr person said, “You were the right person for the job. I was about to write your contract. But upon having a background check on you, your previous employer said that you resigned from work because your pregnant. Is that true?”
“Why, what happened?” She asked.
I had to be very honest at this point so I told her all what I felt and all my other reasons why I resigned from my previous work. And I ended my statement by saying, “but all is well now. My baby is very healthy and that I have a medical notice signed by my gyne saying that I’m very much fit to work.”
So she said, “We’re really looking forward in hiring you. But I’m very sorry to say that we cannot, in good conscience, sacrifice your condition just to fill-in our vacancy. I’m really sorry, but we cannot hire you.”
Ouch. My dream school. My dream job. Gone... All because I am pregnant.
At that point, I was already close to give-up. But before so, I pathetically messaged my former workmates that if people would call them to do a background check on me, I asked them not to mention that I am pregnant. But then later on I realized how rude, pathetic, and unethical that favor was. I was so desperate to get a job to the point of jeopardizing my former workmates’ morals. I really felt so pathetic about myself. (Former workmates, if you’re reading this, I’m really really sorry).
EMPLOYMENT NO. 5 came like: they needed to hire a person ASAP because that librarian had to leave work because of her fragile pregnancy condition. I on the other hand didn’t mention my pregnancy during the interview because I wanted to get hired ASAP. But of course, they would also call my former employer for background check... Probably they found-out about my pregnancy so they didn’t bother calling me back.
I thought I out-smarted the employers to hire me by scaring them of the discrimination thing. I thought I’ll be able to get through by not telling them I’m pregnant and not going through the discrimination-scare thing after when they found-out I’m pregnant. But no. Employers, the hr people, do their job.And by no offense, they really have to look for a prospective applicant best fit for the job.
EMPLOYER NO. 6: Sent it my resume. Called me for an interview. Called me for another interview. Called me for employee orientation and contract signing. I went.
During the contract signing my hr personnel asked, “Don’t you have anything to disclose to us before we sign your contract?”
I said, “uhhmm... Personally, I have nothing to disclose of which I’m very comfortable to tell.”
“Okay. Because it’s like this: I called your previous employer and they said that you’re currently pregnant. That you left work because of your pregnancy”
“Yes I did. I’m 5 months pregnant now.”
“So, how will you be able to work considering your condition?”
“I had a check-up with my gyne. Here’s a notice she signed saying I’m fit to work except on extraneous activities.”
“I see. But then, you have to file for leave for 2 months. How would the library go without you?”
“I’m planning to get an intern and train her as soon as I get on board. So she’ll be able to run the library during my absence. Also, I would like you to know that I will not be claiming any maternity benefit during my leave.”
“Kasi po, I’ll have to leave work by the end of August until the first week of October. That’s roughly 2 months. If you hire me today, I’ll be working for only 3 months when I know that I have to be under the 6 months probationary period. I am not covered by any maternity assistance, only the permission to take a 2-month leave... But that’s leave without pay.”
“Good that you know our laws very well. I was actually about to suggest that term if it’s okay with you.”
“Even if you don’t, I will really suggest that. I know that hiring me would be beneficial yet quite unfortunate for this school. I have all the skills and experiences you need for the job; but I’m quite restricted considering my pregnancy condition. Having you consider me for the job is more than a blessing than none. Asking for a no-work-no-pay leave during my maternity leave is the most fair and appropriate offer we could come in between for my sake and for the sake of our school.”
Today marks my first week working as the librarian in my new workplace. I am 6 months pregnant and I am currently employed.
Unsolicited Guide Q&A by me: (Not to be taken as a truthful background. This were just based from my experience, so please, consult the rightful authorities if you’re also going through what I’ve experienced)
May a pregnant women be employed to work? Yes and no. Yes if she’s fit to work. No, if she really can’t. For however tight the considerations are. Priorities top for the baby.
May employers not hire women on the ground of their pregnancy? No. That would be very discriminatory for the pregnant women. If she qualifies for all other requirements such as professional skills, experiences and educational attainment, yet is currently pregnant, she is still a possible candidate for the position. However, employers have all the right to investigate whether a) the pregnant women is really fit to work- physically, emotionally, and intellectually; and that b) the job at hand and all other activities inclined to her employment can be maintained by the pregnant women. If a and b works out well, they may hire the pregnant women. But if problems may arise from either a or b, don’t hesitate to inform the pregnant women about the matter.
May a pregnant women not disclose to the employer her pregnancy condition? Yes and no. Yes if the application sheet and the employer during the interview directly asks you. If not, then don’t, especially if you don’t feel comfortable about it. Denying you are pregnant is different from not saying that you are pregnant.
How to dodge this question:
Employer: Are you currently pregnant?
You: Why? Is pregnancy a requirement for the position?
Employer: No, it’s just that it would be hard for you to work here if you’re pregnant.
Employer: If she mentions extraneous activities such as lifting heavy stuff, running, jumping, etc, ABANDON ALL HOPES. But if she’ll mention stuff like you’ll have to work under pressure, the work might be stressful, the commute might be stressful, etc etc, answer by: IT’S OKAY. THERE’S NOTHING THAT A FIT PREGNANT WOMAN CAN HANDLE. (of course you say that when you really mean it. Gahddd don’t put your self and your baby in danger)
