Benefits under RA No. 11210, otherwise known as the "105-Day Expanded Maternity Leave Law"

Who are the persons covered under the law? [1]

1. Female workers in the Public Sector;

2. Female workers in the Private Sector;

3. Female workers in the Informal Economy;

4. Female workers who are voluntary contributors to Social Security System (SSS); and

5. Female national athletes.

What benefits are granted to the covered females?[2]

1. Paid leave benefits for female workers in the public and private sectors for the duration of:

a. One Hundred Five (105) days for live childbirth, regardless of the mode of delivery, and an additional fifteen (15) days leave if the female worker, qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents Welfare Act of 2000”; or

b. Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy;

Employed female workers shall receive full pay which consists of (i) SSS maternity benefit computed on their average daily salary credit and (ii) salary differential to be paid by the employer, if any;

2. An option to extend for an additional thirty (30) days without pay in case of live childbirth;

The additional thirty days (30) days can be availed at the option of the female worker, provided the employer must be notified in writing and must be given at least forty-five (45) days before the end of the female worker’s maternity leave. However, no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the employer.[3]

3. Paid maternity leave, allowances and benefits granted to female national athletes; and

4. Health care services for prenatal, delivery, postpartum and pregnancy-related conditions granted to female workers, particularly those who are neither voluntary nor regular members of the SSS, as governed by the existing rules and regulations of the Philippine Health Insurance Corporation (PhilHealth).

Is there a frequency limit in availing maternity benefits?

None. Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency.[4]

Can a female worker still avail of maternity leave benefits even after the termination of her employment?

Yes, if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued: Provided, That such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated.[5]

Can a female worker allocate a portion of her maternity leave credits to the child’s father?

Yes, any female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. The allocated benefit granted to the child’s father is over and above that which is provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996".[6]

[1] Sec. 1, Rule III, IRR of RA 11210 [2] Sec. 2, Rule III, IRR of RA 11210 [3] Sec. 3, Rule IV, IRR of RA 11210 [4] Sec. 4, Rule IV, IRR of RA 11210 [5] Sec. 4, Rule IV, IRR of RA 11210 [6] Sec. 1, Par. 1, Rule VIII, IRR of RA 11210

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