Maternity Leave in the Philippines: 105 Days and Other Benefits Under R.A. 11210

Under Republic Act No. 11210, female workers in the Philippines are entitled to 105 days of paid maternity leave for live childbirth, regardless of the mode of delivery. This applies to all covered female workers, whether in the public or private sector, regardless of civil status, employment status, or the legitimacy of the child. An additional 15 days of paid leave is granted if the worker qualifies as a solo parent under the Solo Parents' Welfare Act of 2000. For miscarriage or emergency termination of pregnancy, the leave period is 60 days.

Who Is Covered by the 105-Day Maternity Leave Law

The 105-Day Expanded Maternity Leave Law covers the following female workers:

• Female workers in the public sector
• Female workers in the private sector
• Female workers in the informal economy
• Female members who are voluntary contributors to the Social Security System (SSS)
• Female national athletes

The law applies to every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency. This means a female worker can avail of the benefit each time she gives birth or suffers a miscarriage.

How the 105-Day Maternity Leave Is Enjoyed

The maternity leave benefit cannot be deferred and must be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner. The leave can be credited as a combination of prenatal and postnatal leave, as long as it does not exceed 105 days for live childbirth or 60 days for miscarriage. However, postnatal care shall not be less than 60 days in all cases.

For live childbirth, the female worker has the option to extend her maternity leave by an additional 30 days without pay. To avail of this extension, she must give written notice to her employer at least 45 days before the end of her maternity leave. No prior notice is required in case of a medical emergency, but subsequent notice must be given. This extended leave without pay is not considered a gap in service.

Maternity Leave Benefits in the Private Sector

For private sector workers covered by the SSS, the female worker must have at least three monthly contributions in the twelve-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy. She must also notify her employer of her pregnancy and the probable date of childbirth, which the employer transmits to the SSS.

The female worker receives full pay, which consists of:

1. The SSS maternity benefit computed based on her average daily salary credit
2. A salary differential paid by the employer, if any

The employer must advance the full payment of the maternity leave benefit within 30 days from the filing of the maternity leave application. The SSS then reimburses the employer up to 100% of the average daily salary credit for 105 days, 120 days, or 60 days, as the case may be.

Some establishments may be exempt from paying the salary differential, including distressed establishments, retail or service establishments employing not more than 10 workers, micro-business enterprises with total assets not exceeding P3,000,000, and those already providing similar or more benefits under a collective bargaining agreement.

Maternity Leave in the Public Sector

Female workers in government service, regardless of employment status and length of service, are entitled to 105 days of maternity leave with full pay. They must give prior notice to the head of agency at least 30 days in advance, whenever possible, using the prescribed civil service form supported by a medical certificate.

Public sector workers may also choose to extend their maternity leave by 30 days without pay, or use their earned sick leave credits for extended leave with pay. If sick leave credits are exhausted, vacation leave may be used. The female worker may receive her full pay either through lump sum payment or regular payment through the agency payroll.

Additional Benefits: Solo Parents and Allocation of Leave Credits

A female worker who qualifies as a solo parent under Republic Act No. 8972 is entitled to an additional 15 days of paid maternity leave, bringing the total to 120 days for live childbirth.

The law also allows a female worker to allocate up to seven days of her maternity leave to the child's father, whether or not they are married. In case of death, absence, or incapacity of the child's father, the leave may be allocated to an alternate caregiver who is either a relative within the fourth degree of consanguinity or the current partner of the female worker.

Security of Tenure and Non-Diminution of Benefits

Female workers who avail of maternity leave benefits are assured of security of tenure. The exercise of this right cannot be used as a basis for demotion or termination. Transfer to a parallel position or reassignment is allowed only if it does not involve a reduction in rank, status, or salary, or otherwise amount to constructive dismissal.

The law also prohibits employers from discriminating against women in order to avoid providing these benefits. Existing maternity benefits that are more favorable to the female worker, whether granted under collective bargaining agreements or existing laws, cannot be diminished.

Frequently Asked Questions

Can I avail of maternity leave even if I have a pending administrative case? Yes. Maternity leave benefits are enjoyed by a female worker even if she has a pending administrative case.

What happens if I give birth within 15 days after my employment is terminated? Maternity leave with full pay is still granted if childbirth occurs not more than 15 calendar days after termination of service. If the termination was without just cause, the employer must pay the full amount equivalent to the salary for 105 days for childbirth or 60 days for miscarriage.

Can I receive maternity benefits for each pregnancy? Yes. Maternity leave is granted in every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency.

Practical Takeaways

• 105 days of paid maternity leave is available for live childbirth, plus 15 additional days for solo parents.
• 60 days of paid leave is granted for miscarriage or emergency termination of pregnancy.
• Private sector workers need at least 3 SSS monthly contributions in the 12-month period preceding the semester of childbirth.
• The employer must advance the full pay within 30 days from filing the maternity leave application.
• Up to 7 days of maternity leave can be allocated to the child's father or an alternate caregiver.
• Maternity leave cannot be deferred, and postnatal care must not be less than 60 days.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.