DEAR Emily,
My co-teacher in school is almost five months pregnant. Since her seaman boyfriend cannot come home to marry her, she was gently advised by our superior to take a leave without pay by January—which means she can only come back to school by June next school year.
Not being able to produce a marriage certificate, can she not avail of a maternity leave with pay?
Isn’t this discrimination, forcing her to file a leave without pay because she is pregnant without a marriage contract?
—CONCERNED FRIEND
This problem has crossed my inbox many times since I first published a similar letter in 2011. I had hoped that since then, people in power (from schools and companies—public or private—where there are women workers) would have already been knowledgeable, and themselves implementers of women’s rights knowing it’s the law.
Apparently not! How this prevailing ignorance on what is supposed to be common knowledge is truly frustrating and mind-boggling.
Whether done gently or bluntly, many ignoramuses are still victimizing helpless women—single women impregnated by married boyfriends, or separated women, by men other than their husbands. Most have nobody to turn to because of their perceived humiliating circumstances. Thus, these victims hope desperately to hold on to their jobs and avail of the hospitalization benefits supposed to be due them.
Here are the key provisions on women’s rights, which should already be of common knowledge and practiced both in private and public organizations, unless they’ve been holding office in a cave these past decades.
- Chapter IV of the Magna Carta of Women on Rights and Empowerment; Section 13 on Equal Access and Elimination of Discrimination in Education, Scholarships and Training:
“Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed.”
“(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission of a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school.”
Ensure compliance
- The Implementing Rules and Regulations of said law further states that the Department of Education (DepEd), Commission on Higher Education (ChEd) and Technical Education and Skills Development Authority (Tesda) shall monitor and ensure compliance of educational institutions to the following:
Section 1. “Women faculty who become pregnant outside of marriage shall not be discriminated by reason thereof. They shall not be dismissed, separated from work, forced to go on leave, reassigned or transferred. They shall have access to work already held with no diminution in rank, pay or status and shall be entitled to all benefits accorded by law and by the concerned learning institutions;”
Section 8. Human Rights of Women.—All rights in the Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, shall be rights of women under this Act to be enjoyed without discrimination.”
Section 16 (c) of the Implementing Rules and Regulations of Republic Act No. 9710, “Women faculty who become pregnant outside of marriage shall not be discriminated by reason thereof. They shall not be dismissed, separated from work, forced to go on leave, reassigned or transferred.”
- When needed, an unwed pregnant faculty member shall be accorded with a special leave of absence from school upon advice of the attending physician.
Section 18. Special Leave Benefits for Women.—A woman employee having rendered continuous aggregate employment service of at least six months for the last twelve months shall be entitled to a special leave benefit of two months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
Section 35. Discrimination Against Women is Prohibited. Public and private entities and individuals found to have committed discrimination against women shall be subject to the sanctions provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.
To women who are given a raw deal by their unenlightened superiors, be firm that you are entitled to nothing less. Take heed because you are well protected by the law. These are your rights; fight for them!
E-mail: emarcelo@inquirer.com.ph or emarcelo629@gmail.com