Maternity Leave

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  • R.A. 11210 is the legal basis for the maternity leave.
  • The maternity leave benefits are given to female employees to be used during or after their pregnancy.
  • The benefit consists of one hundred five (105) days of leave credits with full pay, with an option to extend for an additional thirty (30) days without pay.
  • A female solo parent has an additional fifteen (15) days of leave credits with full pay.
  • For cases of miscarriage or emergency termination of pregnancy, the female employee is given sixty (60) days of leave credits with full pay.
  • Availing of maternity is without limitation as to frequency
  • The benefit is non-convertible to cash.
  • The benefit is non-cumulative.

Legal basis

The legal basis is Republic Act No. 11210 (“R.A. 11210”), otherwise known as the “105-Day Expanded Maternity Leave Law”.

Concept

Pregnant female employees, whether single or married, are extended leave credits with full pay to be used in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.

The benefit

The benefit consists of one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay.

For a qualified solo parent, the female employee is granted an additional fifteen (15) days maternity leave with full pay.

Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.

An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, That the employer shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.

The Computation

The leave credit is equal to the basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.

The employer shall advance the full payment within thirty (30) days from the filing of the maternity leave application.

Usage

The benefit is designed to grant a pregnant female employee leave credits to be used during or after her pregnancy.

Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner.

Conditions for entitlement

The following are the conditions for entitlement:

1) She is a Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy; and,

2) She shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide.

Penalty against erring employer

If a female worker should give birth or suffer a miscarriage or emergency termination of pregnancy without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to.

Bar to recovery of sickness benefits

The payment of daily maternity benefits shall bar the recovery of sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits have been received.

100% reimbursement from the SS

The SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the female worker by the employer upon receipt of satisfactory and legal proof of such payment.

Employer responsible for salary differential

Female workers availing of the maternity leave period and benefits must receive their full pay. Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the SSS by the covered female workers and their average weekly or regular wages, for the entire duration of the maternity leave, with the following exceptions, subject to the guidelines to be issued by the Department of Labor and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises employing not more than ten (10) workers;

(3) Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities including agro-processing, trading, and services, whose total assets are not more than Three million pesos (₱3,000,000.00); and

(4) Those who are already providing similar or more than the benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a justification by the employer claiming exemption for the approval of the DOLE.

Non-convertible to cash

The benefit is not convertible to cash.

Non-cumulative

The benefit is not cumulative.

Employment contract, company policies, CBA

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

References

  • Republic Act No. 11210, a.k.a. 105-Day Expanded Maternity Leave Law
  • Implementing Rules and Regulation of R.A. 11210
  • DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits
  • Jurisprudence or Supreme Court Decisions