Things You Need to Know About the 105-Day Expanded Maternity Leave Law

Republic Act (RA) No. 11210 is an Act increasing the maternity leave period to one hundred five (105) days for female workers with an option to extend for an additional thirty (30) days without pay, and granting an additional fifteen (15) days for solo mothers, and for other purposes. This Act shall be known and cited as the “105-Day Expanded Maternity Leave Law”. GRANT OF MATERNITY LEAVE All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay and an option to extend an additional thirty (30) days without pay. In case the worker is a solo parent under RA No. 8971 or the “Solo Parents’ Welfare Act”, she will be granted an additional fifteen (15) days maternity leave with full pay. 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, not exceeding 105 days. Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, REGARDLESS OF FREQUENCY. In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted. ALLOCATION OF MATERNITY LEAVE CREDITS Any female worker may, AT HER OPTION, allocate up to seven (7) days of said benefits to the child’s father, whether or not the father is married or not to the female worker. In case of death, absence, or incapacity of the father, the benefit may be allocated to the following: alternate caregiver (relative within 4th degree of consanguinity) current partner of female worker (who shares the same household) The choice rests on the MOTHER taking into account the BEST INTEREST of the child. Written notice of allocation of maternity leave credits must be provided to the employers of both the female worker and the alternate caregiver. Note that this benefit is over and above what is provided under RA No. 8187 or the “Paternity Leave Act of 1996.” In the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above. IN CASE OF TERMINATION OF AN EMPLOYEE’S SERVICE Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs within fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued. If the pregnant woman worker has been terminated without just cause, the period of 15 days is not applicable, in which case the employer will pay her the full amount equivalent to her salary for 105 days for childbirth and 60 days for miscarriage or emergency termination of pregnancy, among others. MATERNITY LEAVE CREDITS The maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed 105 days and provided that compulsory postnatal leave shall not be less than 60 days. MATERNITY BENEFITS FOR FEMALE WORKERS WHO ARE NON-MEMBERS OF THE SSS Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the Social Health Insurance Coverage and Benefits for Women About to Give Birth.” MATERNITY LEAVE OF A FEMALE WORKER WITH PENDING ADMINISTRATIVE CASE The maternity leave benefits of the this law shall be enjoyed by a female worker in the government service and in the private sector even if she has a pending administrative case. MATERNITY LEAVE FOR FEMALE NATIONAL ATHLETES In the event a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an ob-gyne to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises otherwise. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by physician, in which case, she will be entitled to the allowance and benefits she had prior to pregnancy. A female national athlete employed in the public sector shall NOT receive double compensation or benefits. NON-DIMINUTION OF BENEFITS This law shall not diminish existing maternity benefits currently enjoyed whether or not based on collective bargaining agreements (CBA) or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed. This shall be IN WRITING and consented to by the female worker. SECURITY OF TENURE Those who avail of the benefits of the law, whether in the government or private sector, shall be assured of security of tenure. The exercise of this option by them shall not be used as basis for demotion in employment or termination. A transfer to a parallel position or reassignment from one organizational unit to another in the same agency or private enterprise is allowed provided that such transfer will not lead to diminution of benefits and is not tantamount to a constructive dismissal. NON-DISCRIMINATION Employers, whether in the government or private sector, shall not discriminate against the employment of women in order to avoid the benefits of this law. PENALTIES for NON-COMPLIANCE A penalty of a fine of not less than P20,000 nor more than P200,000, and imprisonment of not less than 6 years and 1 day nor more than 12 years, or BOTH fine and imprisonment, shall be imposed to whoever fails or refuses to comply with this law. Failure on the part of any association, partnership, corporation, or private enterprise to comply with this law shall be a ground for non-renewal of business permits. IMPLEMENTING RULES AND REGULATIONS The Civil Service Commission (CSC), the Department of Labor and Employment (DOLE), and the Social Security System (SSS) shall issue the necessary rules and regulations for the effective implementation of this law within sixty (60) days from its effectivity.