Originally posted last February 24, 2019.
Hello, there! By now, you have probably heard that the long-awaited Expanded Maternity Leave Act (as well as its Implementing Rules and Regulations) has been signed into law just recently.
A lot of moms (and dads!) are rejoicing upon hearing the news! My Instagram and Facebook posts on this topic garnered the most number of views and likes, to date. I also received a number of private and direct messages with questions on the said law. (Thank you very much for your patience in waiting for an update all this time.)
Since a lot of you are obviously interested, here is my personal way of sharing what I know about this law (and its implementing rules).
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”.
UPDATE: Pursuant to Section 19 of RA 11210, the Civil Service Commission (CSC), the Department of Labor and Employment (DOLE) and the Social Security System (SSS), issued the Implementing Rules and Regulations (IRR) of RA 11210 last 01 May 2019.
Q. Who are covered under this law?
A. The 105-Day Expanded Maternity Leave Law (“EMLL”) shall cover the following:
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 the SSS; and
5. female national athletes.
Q. What benefits are granted?
A: The following benefits are granted under the 105-Day EMLL:
1. Paid leave benefit granted to a qualified female worker in the PUBLIC sector, 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 paid leave if the female worker qualifies as a solo parent under RA 8972, or the “Solo Parents’ Welfare Act of 2000”; or
(b) Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy;
2. Paid leave benefit granted to a qualified female worker in the PRIVATE sector covered by the SSS, including those in the informal economy, 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 paid leave if the female worker qualifies as a solo parent under RA 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 based on their average daily salary credit and (ii) salary differential to be paid by the employer, if any;
3. An option to extend for an additional thirty (30) day WITHOUT PAY in case of live childbirth;
4. Paid maternity leave, allowances and benefits granted to female national athletes;
5. Health care services for pre-natal, 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).
GRANT OF MATERNITY LEAVE BENEFITS
All covered females regardless of civil status, employment status, and the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay, and an additional fifteen (15) days with full pay in case the female worker qualifies as a solo parent under RA 8972, or the “Solo Parents’ Welfare Act of 2000”.
In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.
MANNER OF ENJOYMENT OF THE BENEFIT
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, and such that:
(a) In cases of live childbirth, one hundred five (105) days maternity leave with full pay shall be granted; or
(b) In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave shall be granted.
EXTENDED MATERNITY LEAVE
Q: How do I avail of the OPTIONAL extended maternity leave of thirty (30) days?
A: In case of live childbirth, 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.
Q: What is considered due notice to employer?
A: Due notice to employer must be: (i) in writing; and (ii) must be given at least forty-five (45) days before the end of the female worker’s maternity leave. EXCEPTION: in case of medical emergency, due notice is dispensed with, but subsequent notice to employer is required.
Q: What is the effect, if any, of the extended thirty (30) day maternity leave without pay to my employment service?
A: The thirty (30) day period of extended maternity leave without pay SHALL NOT be considered as a gap in the service.
FREQUENCY OF THE GRANT
Q: Can I avail of the maternity leave benefits for my fifth child?
A: Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy REGARDLESS OF FREQUENCY.
GRANT OF MATERNITY LEAVE BENEFITS AFTER TEMINATION OF EMPLOYMENT
Q: I had a miscarriage a week (or seven days to be exact) after the date of my termination from employment. Can I still avail of the maternity leave benefits from my former employer?
A: Yes. Maternity leave with full pay shall be granted if the childbirth, miscarriage, or emergency termination of pregnancy occurs within fifteen (15) calendar days after the termination of an employee’s service, as your right thereto has already accrued.
If you were terminated WITHOUT just cause, the employer will pay you the full amount equivalent to your salary for 105 days for childbirth and 60 days for miscarriage or emergency termination of pregnancy based on your full pay, in addition to the other applicable daily cash maternity benefits that you should have received had your employment not been illegally terminated.
Q: I have a pending administrative case, can I still avail of the maternity benefits under RA 11210?
A: Yes, you can. the Maternity leave benefits granted under RA 11210 and its IRR shall be enjoyed by a female worker in both public and private sectors even if she has a pending administrative case.
NON-DIMINUTION OF BENEFITS
Q: Under our Collective Bargaining Agreement (CBA), we are entitled to receive 150 days of maternity leave. My employer says I am only entitled to 105 days as provided under RA 11210. Is my employer correct?
A: Not correct. RA 11210 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, PROVIDED the arrangement is reduced 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.
MATERNITY LEAVE FOR FEMALE WORKERS IN THE PUBLIC SECTOR
Q: I am a government employee, how can I avail of the maternity leave benefits under RA 11210?
A: Here are the things you have to do to avail of the benefits: (i) give prior notice to the head of agency of your pregnancy and your availment of maternity leave at least thirty (30) days in advance; (ii) use the prescribed civil service form in the filing of your maternity leave application, supported by medical certificate.
Q: I am a public school teacher, can I avail of the maternity leave benefits even during long vacations?
A: Yes. Female teachers may avail of the maternity leave even during long holidays, i.e. summer and Christmas vacations. In this case, BOTH the maternity leave benefits and the proportional vacation pay shall be granted.
Q: Can I extend my maternity leave by using my earned sick or vacation leave credits for extended leave WITH PAY?
A: In case of live childbirth, you may use your earned sick leave credits for extended leave with pay. In case the sick leave credits are exhausted, the vacation leave credits may be used.
MANNER OF PAYMENT OF MATERNITY LEAVE BENEFITS
The female worker shall be entitled to full pay during maternity leave which shall be paid by the agency, either through: (i) lump sum payment; or (ii) regular payment of salary through agency payroll. A clearance from money, property and work-related accountabilities shall be secured by the female worker.
Q: I still have an outstanding loan obligation with the government agency I work for. Hence, I was not given a clearance when I applied for the availment of maternity benefits under RA 11210. Am I really not entitled to receive the maternity leave benefits because of this?
A: You are still entitled to avail of the maternity leave benefits. Money, property and work-related accountabilities, as well as pending administrative case, shall NOT deprive you of the availment of your maternity leave benefits.
CONSECUTIVE PREGNANCIES AND MULTIPLE CHILDBIRTHS
Q: I suffered another miscarriage after my first miscarriage. Am I entitled to avail of maternity benefits for both miscarriages?
A: In case of overlapping maternity benefit claims, e.g. one miscarriage or emergency termination of pregnancy after the other or followed by live childbirth, the female member shall be granted maternity benefits for the two contingencies in a consecutive manner.
Q: I gave birth to triplets. Can I avail of the maternity leave benefits per child?
A: In case of multiple childbirths, the female worker shall be paid only ONE maternity benefit, regardless of the number of offspring, per childbirth/delivery.
DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or relating to the payment of full pay shall be filed by the concerned female worker initially to the head of agency and may be appealed to the CSC Regional Office having jurisdiction over the agency, and to the Commission Proper, respectively. The agency shall NOT hold or delay the payment of full pay to the female worker pending the resolution of the dispute, controversy or claim.
MATERNITY LEAVE FOR FEMALE WORKERS IN THE PRIVATE SECTOR
ELIGIBILITY
Q: I am working in a private company. How can I avail of the maternity leave benefit under RA 11210?
A: To qualify for the grant of the maternity leave benefit, you must meet the following requirements:
(i) at least three (3) monthly contributions in the 12-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy;
In determining the female member’s entitlement to the benefit, the SSS shall consider only those contributions paid prior to the semester of contingency.
(ii) notification was sent to the employer of the pregnancy and the probable date of childbirth, which notice shall be transmitted to the SSS in accordance with its rules and regulations.
Q: What is the notification process required?
A: The notification process for SSS-covered female workers and/or members and employers shall be governed by the following rules:
(a) The female member, upon confirmation of pregnancy, shall immediately inform her employer of such fact and the expected date of childbirth;
(b) The employer shall, in turn, notify the SSS through the prescribed manner;
(c) The above rules notwithstanding, failure of the pregnant female worker to notify the employer shall not bar her from receiving the maternity benefits, subject to guidelines to be prescribed by the SSS; and
(d) Self-employed female members, including those in the informal economy, OFWs and voluntary SSS members may give notice directly to SSS.
Q: How much is the maternity benefit I am entitled to receive?
A: You are entitled to receive your full pay. Full payment of the maternity leave benefit shall be advanced by employer within thirty (30) days from the filing of the maternity leave application.
REIMBURSEMENT
The SSS shall immediately reimburse to the employer the maternity benefits advanced to the employed female worker, only to the extent of one hundred percent (100%) of her average daily salary credit for one hundred five (105) days, one hundred twenty (120) days or sixty (60) days, as the case may be, upon receipt of satisfactory and legal proof of such payment.
Q: Who will pay for the difference between the full salary and the actual cash benefits received from SSS by the employed female worker?
A: EMPLOYERS from the private sector shall pay for the difference.
Q: What are the exceptions to the rule that employers will pay for the difference between the full salary and actual cash benefits received from SSS?
A: Female workers employed by exempt establishments and enterprises, which satisfy the requirements and criteria listed below, shall NOT be entitled to the salary differential. Said female workers shall be entitled to receive only their SSS maternity benefits.
Requirements and Criteria for Exemption:
(1) THOSE OPERATING DISTRESSED ESTABLISHMENTS
A. For corporation/cooperative:
When the actual net loss amounts to 25% of total assets or when the corporation/cooperative registers capital deficiency.
B. For Sole proprietorship and partnership:
When the accumulated net losses for the last two (2) full accounting periods immediately preceding application for exemption amounts to 20% or more of the total invested capital at the beginning of the period under review or when the sole proprietorship/partnership registers capital deficiency.
C. For non-stock, non-profit organizations
When the accumulated net losses for the last two (2) full accounting periods immediately preceding application for exemption amounts to 20% or more of the fund balance/members’ contribution at the beginning of the period or when an establishment registers capital deficiency.
D. For banks and quasi-banks
When there is a certification from the Bangko Sentral ng Pilipinas that it is under receivership or liquidation as provided in Section 30 of RA 7653, or the New Central Bank Act.
(2) THOSE RETAIL/SERVICE ESTABLISHMENTS AND OTHER ENTERPRISES EMPLOYING NOT MORE THAN TEN (10) WORKERS
When it is engaged in the retail sale of goods and/or services to end users for personal or household use and it is regularly employing not more than ten (10) workers regardless of status, except the owner/s, for at least six (6) months in any calendar year.
(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 (P3,000,000.00) IN ACCORDANCE WITH THE BARANGAY MICRO BUSINESS ENTERPRISES (BMBE’s) act of 2002; and
(4) THOSE WHO ARE ALREADING PROVIDING SIMILAR OR MORE THAN BENEFITS HEREIN PROVIDED UNDER AN EXISTING COLLECTIVE BARGAINING AGREEMENT (CBA), COMPANY PRACTICE OR POLICY.
Said exemptions shall be subject to an annual submission of justification by the employer claiming exemption for the approval of the DOLE.
Q: Can I also claim my sickness benefits simultaneously with my maternity benefits?
A: No. The payment of daily SSS maternity benefits shall be a BAR TO RECOVERY of sickness benefits provided under RA NO. 11199, for the same period for which daily maternity benefits have been received.
Q: I had two consecutive pregnancies, first ended in a miscarriage, the other one I had successfully delivered, what are the rules in case of overlapping of two maternity benefit claims?
A: In case of the overlapping of two (2) maternity benefit claims, the female member shall be granted maternity benefits for the two contingencies in a consecutive manner. However, the amount of benefit corresponding to the period where there is an overlap shall be deducted from the current maternity benefit claim.
Q: I gave birth to twins. Can I claim for two maternity benefits, one benefit per child?
A: The female member shall be paid only ONE maternity benefit, regardless of the number of offspring, per childbirth/delivery.
Q: The SSS denied the maternity benefit claim of a female member because her employer failed to remit to the SSS the required monthly contributions. What is the liability of the employer to SSS?
A: The employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to in any of the following instances:
(a) failure of employer to remit to the SSS the required contributions for the female worker;
(b) failure of the employer to transmit to SSS the female worker’s notification on the fact of pregnancy and probable date of childbirth.
DISPUTE RESOLUTION
Any dispute, controversy, or claim as regards the grant of SSS maternity leave benefit under the IRR of RA 11210 shall be filed before the Social Security Commission (SSC). The filing, determination, and settlement of disputes shall be governed by the rules and regulations of the SSC, which provide that all petitions shall be filed with the Office of the Executive Clerk of the Commission or his/her Deputy, or at any Regional Commission LEgal Department.
Any dispute, controversy, or claim arising out of or relating to the payment of salary differential shall be filed before the DOLE Field/Provincial/Regional Office having jurisdiction over the workplace and shall be subject to existing enforcement mechanisms of the DOLE.
MATERNITY LEAVE BENEFITS FOR WOMEN IN THE INFORMAL ECONOMY
Q: I am a single mom, unemployed, but a voluntary member of the SSS. Can I claim for maternity leave benefits under RA 11210?
A: All married and unmarried women, including female workers in the informal economy are entitled to maternity leave benefits PROVIDED they have remitted to the SSS 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.
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. The allocated benefit granted to the child’s father under RA 11210 is over and above that which is provided under RA 8187, or the “Paternity Leave Act of 1996”.
In case of death, absence, or incapacity of the child’s father, the female worker may allocate the benefit to the following:
(a) a relative within 4th degree of consanguinity
(b) the current partner of female worker, regardless of sexual orientation or gender identity, and provided he/she shares the same household with the female worker.
Q: Can I allocate my maternity leave credits to my partner in case of miscarriage?
A: The option to allocate maternity leave credits shall NOT be applicable in case the female worker suffers miscarriage or emergency termination of pregnancy.
Q: If I exercise the option to allocate, how much maternity benefit will I receive from SSS?
A: The SSS shall pay you only the amount of the maternity benefit corresponding to the period NOT allocated. For example, if you decide to allocate 7 days to your husband, the SSS will only pay you 98 days maternity leave benefit, instead of the full 105 days.
Q: Who will pay my husband the pay equivalent to the allocated seven days in the example above?
A: Your husband shall be granted by his employer a leave with pay equivalent to seven (7) days, which may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.
Q: What should I do in order to properly allocate the maternity benefit to my husband?
A: You shall notify your employer of your option to allocate with your application for maternity leave. Your husband, in turn, should notify his employer concerned of his availment of the allocated leave and the inclusive dates therefor.
This written notice to the employers shall be required even if the child’s father or the alternate caregiver is employed in the public sector.
Q: I am a government employee. How can I allocate maternity leave credits to my husband/alternate caregiver?
A: You need to submit a written notice to the head of agency or the head of agency’s authorized representative, with your application for maternity leave. The allocated maternity leave may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.
In case full pay has been given to the female worker, the child’s father or the alternate caregiver, as the case may be, shall only be excused from work (LEAVE WITHOUT PAY). The leave without pay shall not be considered a pay in the service.
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 subject to the following conditions:
(a) that the maternity leave benefits have not yet been commuted to cash, if applicable; and
(b) that a certified true copy of the death certificate or medical certificate or abstract is provided to the employers of both the female worker and the child’s father or alternate caregiver.
In case the maternity leave benefits of the deceased or permanently incapacitated female worker have already been paid to the latter in full, the child’s father or alternate caregiver shall be entitled to enjoy the remaining unexpired leave credits of the female worker, if there be any, WITHOUT PAY. Such leave without pay shall not be considered a gap in the service, in both the public an private sector.
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.
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 the provisions of RA 11210.
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.
EFFECTIVITY of RA 11210
Laws become effective fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Sharing with you the post of Philippine Commission on Women in Twitter for your information and reference.
Kailan nga ba naging effective ang Expanded Maternity Leave Act?
— Commission on Women (@PCWgovph) May 3, 2019
Narito ang mahahalagang petsa na dapat tandaan. #ExpandedMaternityLeaveLawNow pic.twitter.com/fzgCpbvB3P
There you go! Those are the essentials you need to know about the Expanded Maternity Leave Law. It is very important for us to be aware of our rights. Being informed is one thing. Enforcing one’s right is another. This is a truly remarkable law beneficial not just for mothers but for the Filipinos in general.
I truly hope that by posting this update, majority of your questions have already been answered. If you have any questions or comments, please feel free to comment below. I will try to answer them as soon as I can. In the meantime, you can refer to this post for the latest update from me. Until next time.
For my other legal posts, you may also read the following:
The law will be effective after 15 days means this March 8, 2019. Is this means that I am iligible to avail the 105 days or i still need to wait for the IRR?
Your response please is highly appreciated.
There will be a lot of questions, clarifications and confusion should the law be implemented prior to the issuance of the IRR. The IRR should be able to answer all the gray areas of the law… hopefully. Let’s wait and see.
What newspaper it was published and when? Thank you!!
I have not seen personally a newspaper where the law was published… just posted online in the Official Gazette website. [Update: The law was published last February 23, 2019 in Manila Bulletin].
Hi iam 34 weeks pregnant as of to date and a permanent government employee. The effectivity of the law will be 15 days upon publication in the Official Gazette. In this case, can I already enjoy the 105 dyas maternity benefits?
Hello, Bem! We have to wait for the IRR for the proper implementation of this law. Pending the release and effectivity of the IRR, the current rules on maternity leave benefits will be applicable in your case.
Hi Bem,
Congratulations on your pregnancy! We have to wait for the release of the IRR to find out the exact coverage of the law. We are expecting for a retroactive application of the law so let’s hope for the best. Stay tuned!
Best,
Attorney Mommy
Im 36 weeks pregnant and i already filed mat1.. can i still avail this 105 days pay?
Dear Jomalyn,
We are expecting that there will be a retroactive application of the law. We have to wait, however, for the release of the IRR to find out the details. Let’s hope for the best.
Best,
Attorney Mommy
Hi! is the 105 days leave base on working days or calendar days? Also, what if the computation of a mother’s salary is much higher compared to SSS benefit? Will the company pay for the difference? Appreciate your immediate response. Thank YOu!
Dear Marsha,
As far as I know, it is calendar days. Regarding the amount of benefit, we have to wait for the IRR to know that. Let’s hope for the best.
Best,
Attorney Mommy
hi atty, Does it mean that if I gave birth after Feb21 but before Mar7, meaning I am no longer covered by the EML? 😞
Hello Mommy,
I am afraid that this law applies to childbirth/termination of pregnancy from
March 8, 2019[Correction: March 11, 2019, see my updated post above] onwards. We have to wait for the release of the IRR to be certain. Let us hope for the best.Best,
Attorney Mommy
Thanks for the wonderful manual
You are welcome!
base on the article I’ve read, pregnant women who is giving birth on March 9, 2019 are already covered by this law even if the IRR is not yet effective. it is the employer responsibility to extend the current maternity leave applied by employee once the IRR being effective/implemented by May. (https://www.teacherph.com/mga-kalakip-na-benepisyo-ng-expanded-maternity-leave-law-ra-11210/)
Ang RA 11210, Expanded Maternity Leave Law, ay naisabatas noong February 20, 2019. Sa kadahilanang hindi pa natatapos ang pagbalangkas ng IRR, hindi pa naipapatupad sa kasalukuyan ang nasabing batas. Nilinaw ni DOLE Secretary Silvestre Bello III na ang batas na ito ay may RETROACTIVE EFFECT. Lahat ng kababaihang manggagawa na nanganak ng March 09, 2019 kahit hindi pa naipapasa ang IRR ng RA 11210 ay sakop na ng benipisyong ito. Samakatuwid, kung ang kasalukuyang ibinigay na maternity leave ay 60 days sa mga apektadong empleyado, kapag naipasa na ang IRR, obligadong punuan ng employers ang 60 days upang maging 105 days.
Yes, the law came into effect on
March 8, 2019, [Correction: March 11, 2019, see my updated post above] 15 days after its publication in the Official Gazette or in a newspaper of a general circulation. The implementation of the same at this time, however, is discretionary on the part of the employer, pending the release of the IRR. We are hoping and expecting for a retroactive application of the law. There are a lot of gray areas of the law which we cannot answer right now. These are the things we are hoping to get from and be answered by the IRR to be released by DOLE, CSC and SSS very soon.Pwedi po ba akong mag avail ng 105 days maternity leave with full pay kahit na mahigit isang taon palang ako sa serbisyo? Sabi po kasi sakin 52 days lang po yung allowable maternity leave since wala pa akong 2years in service. Newly hired teacher po ako. Maraming salamat po sa inyong magiging response!
Dear Evangeline,
The law clearly states that all female workers (regardless of employment status), for as long as the required monthly contributions and notices are complied with, are entitled to the expanded maternity benefits (105 days).
Best,
Attorney Mommy
Thank you for the wonderful post
You are welcome! Appreciate your comment. 🙂
good am, atty. Does this apply to new employees (permanent status)? Im currently 35 weeks pregnant. I was recently employed (last Feb 1, 2019) in government service. thanks!
Dear Maureen Mae,
The law says that any pregnant female worker in the government service, REGARDLESS OF EMPLOYMENT STATUS, in national government agencies, local government units, GOCCs or state universities and colleges, shall be granted a maternity leave of 105 days with pay regardless if delivery was normal or caesarian.
Best of luck!
Best,
Attorney Mommy
hi atty. it seems we have the same situation. Initially (before the IRR was released), I was told by our HR that I can avail the 60-78days mat leaves but I will only be paid half because my length of service is less than 2years. I’m not sure if this changes our benefits after the IRR is released today.
Dear Junnah,
Review my post above and check if you meet the requirements applicable in your case. Kindly coordinate with your employer on how to properly avail of the additional benefits.
Best,
Attorney Mommy
Hi Atty Mommy,
I am a mother of two now and planning to have another baby soon, in God’s time. I did not claim any sss maternity benefits in my two kids since I wasn’t working yet that time I gave birth. 3 years back, I had 2 miscarriages which I filed and claimed SSS maternity. My question is, can I still claim maternity benefits if in case I will get pregnant since as per record I already had 4 pregnancies? 2 alive and 2 miscarriage? (I read the “regardless of frequency” phase in the new law kasi)
Thank you
Dear Jesgay,
This law removed the pregnancy cap so you can avail of the maternity benefits the next time you get pregnant again. Good luck.
Best,
Attorney Mommy
what is the meaning of “maternity leave with full pay”
is this the daily SSS rate? or your monthly basic salary in the company?
Dear Crisadel,
Full pay means the total amount of salary you receive per month from your employer. Let me put it this way. It is the salary you receive from employer per month, as if you are reporting for work during your maternity leave.
Best,
Attorney Mommy
Hi now the irr already signed the law ask ko lang if manganak ako by may 3. Covered na po ba ako ng new maternity law?
Dear Lesley,
For as long as you meet the requirements provided for by the law, you should be covered. Check the requirements applicable to you in my post above to be sure.
Best,
Attorney Mommy
Hi. I was able to delivered my 2nd child last march19. Can I still able to avail the 105 days maternity leave since irr was only released today? Tnx.
Dear Marie Joyce,
If you meet the requirements applicable to your case as listed above, you should be covered by the law. Kindly coordinate with your employer on how to properly avail of the additional benefits.
Best,
Attorney Mommy
Hello. Now that the IRR is Released, will the coverage be based on the monthly salary or daily rate of the employee? How much will SSS cover and will the employer cover the remaining amount?
Dear Terry,
See my post above. The employee shall be entitled to her full salary for the whole duration of the maternity leave. Should there be any difference between the full amount of salary as against the SSS computation based on the employee’s salary credit, the employer will shoulder the difference.
Best,
Attorney Mommy
Thanks for the great manual
You are welcome!
Good day Attorney.
I gave birth po last march 23, 2019 and received my cash benefit for 60 days and still n maternity leave. I asked my immediate boss and the hr if I’m already covered by the new maternity law. Sinabe po nila sken na may pending communication pa daw po about this and wala pa daw memo. Since released n po ang irr, may kailangan pa po ba hintayin? Covered po ba ako by this new law? Thank you very much po.
Dear Anne,
Probably your company is just finalizing the internal rules to be followed within your company. Under the law, you should be covered for as long as you meet the requirements provided therein. Just coordinate with your company on how to properly avail of the additional benefits.
Best,
Attorney Mommy
ndi ko po magets ung sa how much na question, dapat po ba katumbas ng salary mo ung makukuha mo whichever is higher sa sss.?
Dear Kelly,
The law is very clear. Your employer will pay your full salary for 105, 120, 60 days, as the case may be. If there be any difference between the full salary amount against the SSS computation based on the employee’s salary credit, the employer will shoulder the difference.
Best,
Attorney Mommy
Hi, for the Rule VI section 3 , “Full payment of the maternity leave benefit shall be advanced by the employer within 30 days from the filing of the leave application” – The employer is required to give the full total amount of pay in advanced? can you explain this further.
Dear Jen,
The law is clear on this matter. The employer will pay in advance the employee’s full salary corresponding to the maternity leave days availed of. This is subject to reimbursement from SSS upon the employer’s submission of satisfactory proof of payment to employee and other legal documents.
Hope you are clarified.
Best,
Attorney Mommy
I just gave birth last april 8, 2019.. am I covered with the EML law?
Hi Sheena,
Most probably you are covered. Just check the other requirements applicable to you in my post above in order to be qualified and entitled to the maternity benefits.
Best,
Attorney Mommy
Dear Attorney Mommy,
thank you for a very informative post!
You are welcome!
Atty this is my 5th pregnancy and currently employed at private sector and with SSS, 6 months napo ako pregnant, nung nalaman ko na pregnant ako di pa approve yung law hence di ako nag notify sa SSS kasi alam ko wala nakong claim, pwede napo kaya ako magsubmit ng notification sa SSS?
Dear Rissa,
Congratulations on your pregnancy! Yes, you should notify SSS asap. Just make sure you have the required monthly contributions to be qualified. Goodluck.
Best,
Attorney Mommy
Thanks Atty SSS already received my notification on my 5th pregnancy… =)
Dear Rissa,
You are welcome. So glad to hear that SSS already received your notification! It is truly happening.
Best,
Attorney Mommy
Dear Atty Mommy,
I would like to clarify if how many months would 105 days be? Is Saturdays and Sundays included in the count or only working days?
As far as I know, the law speaks of calendar, not working days.
dear mom attorney thank you so much .very informative may i request your permission to share these questions in my lecture about expanded maternity benefits
Hello there Dr. Ruby!
Thank you very much for your comment. Yes, you may share these questions. Sharing is caring. Thank you for asking permission first.
Best,
Attorney Mommy
Good day atty.
I delivered my 3rd child last march 23. Thank you because this post has been very helpful to me regarding EMLL. I also ask the CSC CO through their FB account and this is their response if I can avail the benefits of this Law.
Sections 19 and 22 of the 105-Day Expanded Maternity Leave Law provide, as follows:
“Sec. 22. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation.”
RA No. 11210 which was published in the Manila Bulletin on February 23, 2019 will be effective after 15 days from its publication or on March 11, 2019. According to RA 11210, the qualified female worker is entitled to the full benefits/full pay regardless of length of service
Please be informed that the Implementing Rules and Regulations of the said law was jointly signed on 1 May 2019 by the CSC, DOLE and SSS, and was published via the Official Gazette and Philippine Star on May 2.
Even without the issuance of subsequent guidelines by the CSC, it is clear that the law took effect on March 11, 2019 so any female employee who gave birth from March 11 onwards are entitled to the 105-day maternity leave benefit.
For the meantime, follow the policies of your agency while matters on the implementation is being resolved.
With this, i understand that i can really avail the benefits of this law.
However, when i ask our HR, they said that the effectivity will be on May 18, 15 days after the IRR is published. Accordingly, This is also the advise of the CSC field here…therefore i cant avail the additional leave credits to complete the105days. Another thing is i have already filed my maternity leave which is good for 60 days only.Before i filed for leave, they said that they have to wait for the IRR and now that the IRR is released, they said that i can no longer avail the remaining days to complete the 105 days stipulated in the law Kasi 60 days lang ang naapprove.
Are they correct? If not,
How can i convince the higher authorities that i am entitled of the benefits and that this is my right? I have already shown or presented to them these points.
Dear Astrid,
Thank you for sharing the information. I agree with the opinion of CSC as to the effectivity of the law. It is to be expected, however, that there will be a lot of implementation issues at this time, as in any other new laws. We are hopeful that very soon, each relevant government agency can issue clear guidelines that will finally end the confusion among us. Also, I hope by this time, there are companies/agencies that accommodate the requests of their employees, since this is a government mandated benefit signed, approved and declared effective already.
Best,
Attorney Mommy
I spent a great deal of time to locate something such as this
This is really helpful, thanks.
Thanks for the terrific manual
Hi Attorney,
Your article is really helpful. I just want to ask what would be the process if I want to transfer 7 days of my maternity leave to my husband’s paternity leave?
Thank you.
Hello Mel,
Thank you very much for your comment. Re your question, I already explained that in my post. It depends if you are from the private or public sector. See below excerpt:
Q: What should I do in order to properly allocate the maternity benefit to my husband?
A: You shall notify your employer of your option to allocate with your application for maternity leave. Your husband, in turn, should notify his employer concerned of his availment of the allocated leave and the inclusive dates therefor.
This written notice to the employers shall be required even if the child’s father or the alternate caregiver is employed in the public sector.
Best,
Attorney Mommy
Hi Atty Mommy,
So yun pong 7 days na paternity leave is same pa rin? Pag tinansfer ni wife yung 7 days dun palang siya granted ng another 7 days paternity leave? Thank you so much po.
Hello Shey,
The paternity leave under RA 8187 or the “Paternity Leave Act of 1996” remains the same and nothing is changed. The optional seven days maternity leave transferrable to the father of the child is an expanded benefit under RA 11210. This means, that if all requirements are fulfilled, the father of the child can have a total of 14 days leave (7 days paternity leave + 7 days leave allocated by the mother).
Best,
Attorney Mommy
hello po Atty. Mommy & Shey,
ask lang po…kung yung 7 days paternity leave ay bayad ng employer. how about the allocated 7 days? sino po magbabayad nun since binawas po yun sa 105 days ni mother? thank you
Dear Lorie,
Your question has already been answered in my post above. See below:
Q: Who will pay my husband the pay equivalent to the allocated seven days in the example above?
A: Your husband shall be granted by his employer a leave with pay equivalent to seven (7) days, which may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.
Best,
Attorney Mommy
hi po ask ko lang po. Im a government employee f ever po makabalik nako sa work at 30 days lang magamit ko sa 105 days maternity leave ko magsasahod na po ba ako. kahit natanggap ko na maternity leave ko? thanks po.
Dear Rosemarie,
The Expanded Maternity Leave Law was intended to provide women ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming paid work. Therefore, you will definitely be paid for the 105 days maternity leave. It is your option, however, for whatever reasons you may have, to return to work earlier than the mandated 105 days. Please note, however, that since you have already been paid for the 105 days, you will no longer be paid separately for coming to work earlier than the expiration of your 105th day.
Best,
Attorney Mommy
Hi My live-in partner is not working and is about to give birth. We’re not married, am I still entitled for Paternity leave (We have a cohabitation documents) Thanks!
Dear Chris,
Your question is not that clear to me but let me answer it this way.
One of the requirements for the availment of the Paternity Leave under RA 8187 (Paternity Leave Act of 1996) is that you are married to the woman who just gave birth, or had a miscarriage/abortion. As far as this law is concerned, you are not entitled to the benefits since you and your partner are not married.
Under RA 11210 (Expanded Maternity Leave Law), the allocation of maternity leave credits applies ONLY to female workers (meaning, employed) since what will be allocated to the husband/partner/alternate caregiver are the mother’s maternity leave credits. Also, one of the requirements to avail of this benefit is the WRITTEN notification to the employers of BOTH the mother and the husband/partner/alternate caregiver.
Hope I have sufficiently answered your query.
Best,
Attorney Mommy
Hello po atty..ask lang po im government employee(contractual) makaka avail po b ako ng maternity leave how about po dun sa salary.?ibibigay po din ang sahod. Kasi nagtanong ako sa personel namin hindi daw po kmi sakop ng 105 maternity leave na yan dahil contractual kmi.salamat
Dear Reina,
The law says that any pregnant female worker in the government service, REGARDLESS OF EMPLOYMENT STATUS, in national government agencies, local government units, GOCCs or state universities and colleges, shall be granted a maternity leave of 105 days with pay regardless if delivery was normal or caesarian.
Best,
Attorney Mommy
Super informative lht ng binigay nyong info,such a great help for all of us,tnx a lot
Hi Anna Marie,
Appreciate your comment. Glad to be of help.
Best,
Attorney Mommy
I had a miscarriage last march 3,2019. I understand that I am not covered of the newly released IRR but I would like to ask if the maternity leave for the previous provision are paid din po ba and equivalent to 100% basic salary? Kasi po SSS lng po ung binigay ng company sa amin.I have read this po sa provision ng RA 7322 and sa labor code po.hope you could give us enlightenment.salamat.
Dear Kring,
Please be guided by the information found in the SSS website with link here: https://www.sss.gov.ph/sss/appmanager/pages.jsp?page=maternitycomputation.
Best,
Attorney Mommy
What if Single Parent un namiscarriage. How many days are maavail nya?
Dear Shey,
In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.
Best,
Attorney Mommy
Ibig po bang sabihin, hindi nya pwede iclaim un additional 15 days para sa single parent pag na miscarriage sya?
Dear Shey,
The law is very clear when it comes to cases of miscarriage or emergency termination of pregnancy. Only sixty (60) days maternity leave with full pay shall be granted.
Best,
Attorney Mommy
Hi Atty,
Maraming salamat dito sa post mo. sobrang helpful. May tanong lang ako.
Mangaganak na si Wifi this coming July nag notify na kami kay SSS, since Unemployed si Wife pero nagbayad na kami ng 3 month latest as per advised ni SSS, meaning voluntary siya at ako currently employed. Here’s the problem, nag request kami na ma-allocate sakin yung 7 days credits niya pero na decline sa SSS branch namin dahil hindi raw siya “working female/ employee” so wala daw siyang employer na ma-iinform for the said allocation while on the hand sa HR ko sa office is sinabihan lang akong bigyan sila ng copy ng allocation form. I’ve checked Section 6 at Section 10 dun sa R.A. 11210 at dapat puwede siya based on my understanding. Ang question po is kung allowed ba kami for the aloocation or hindi?. Patulong naman po please. Thanks!
-Mark Espadilla
Dear Mark,
Under RA 11210 (Expanded Maternity Leave Law), the allocation of maternity leave credits applies ONLY to female workers (meaning, employed) since what will be allocated to the husband/partner/alternate caregiver are the mother’s maternity leave credits. Also, one of the requirements to avail of this benefit is the WRITTEN notification to the employers of BOTH the mother and the husband/partner/alternate caregiver.
Best,
Attorney Mommy
Hello Attorney Mommy,
Thank you for the very informative post! Kakabasa ko lang ng nasa official gazette then i saw your blog 😊😊..
I am almost in my 32 weeks and this is my 1st pregnancy kaya im reading po the articles about the expanded maternity leave law.
Clarification lang po regarding sa 105 days..
Ung 105 days po ba ay working day? Kc dba ang nabanggit nila ay paid leave.. does that mean po ba na it doesn’t include weekends or restdays? Thank you 😊
Best regards,
Eula
Dear Eula,
Thank you for your comment. Re your query, the law speaks of 105 calendar days.
Best,
Attorney Mommy
I want to know if the 105 days a working or calendar days?
Dear Blessy,
The law speaks of calendar days.
Best,
Attorney Mommy
I just want to ask with regards to the transferability of 7 days leave credits from the mother to the father, since this would be paid, would the actual salary per day of the father be deducted to the total monetary benefits of the mother or only the count of the days would be decreased from the mother and still the employer would still be the one to pay the father’s salary?
Dear Paulito,
It is the latter.
Best,
Attorney Mommy
Hi Atty. Mommy,
Ask ko lang, if un pregnant female employee is single mother, pwede ba syang magtransfer ng 7 days sa relative nya up to 4th consanguinity? Thanks po.
Dear Shey,
The law provides that:
In case of death, absence, or incapacity of the child’s father, the female worker may allocate the benefit to the following:
(a) a relative within 4th degree of consanguinity
(b) the current partner of female worker, regardless of sexual orientation or gender identity, and provided he/she shares the same household with the female worker.
Best,
Attorney Mommy
I gave birth po march 8, 2019. Covered papoba ako sa 105 days maternity leave? Nalilito po kasi ako. Thanks po.
Dear Mica,
The law applies to female workers/members who have given birth, or had a miscarriage or emergency termination of pregnancy from March 11, 2019 onwards.
Best,
Attorney Mommy
Hello for clarification of these new mat leave law. If you refer to paid leave benefit with full pay. Means, if she on leave for 60 days due to miscarriage the 60 days absence due to miscarriage will be paid her absence?
Dear Rhea,
Yes. The female worker is entitled to receive her full pay for the entire duration of her maternity leave.
Best,
Attorney Mommy
Atty.,
Is the allocated or transferred 7 days to the father reimbursible from SSS?
Thank you.
Dear Zaidelyn,
The allocated leave credits to the father are not reimbursable from SSS. The same will be deducted in the computation of the maternity benefits of the mother.
Best,
Attorney Mommy
Hi, do you do legal advice? Regarding pregnancy discrimination?
Hello there. I sent a private message to your email. Kindly check.
Best,
Attorney Mommy
Hi atty. I have not received any email. I hope you could resend an email.. I’m the one who’s asking about pregnancy doscrimination. Thank you
I sent you a reply last July 30, 2019. I forwarded it to your email evita_tilaon@yahoo.com. Kindly check your inbox or spam messages.
Does it apply also to regular part-time employees? Thank you.
Dear Cynthia,
The law states that all covered females regardless of civil status, employment status, and the legitimacy of her child, shall be granted the expanded maternity benefits.
Best,
Attorney Mommy
Hi Atty. My query po ako. Nanganak po ako last March 26, 2019. Dun sa pinagtatrabahuhan ko is from Nov. 16, 2017 to December 31, 2018 lng ako ngwork tpos resigned na. So by January 2019 until December 20¹9 is voluntary na ung status ng contribution ko po. Tanong ko lng po if covered po ba ako ng expanded maternity benefit? Pro my naideposit n cla n amount sa account ko since ung account number ung hinihingi nla dun nung ngsubmit aq mga requirements after ko manganak po pra ideposit po nla. Gusto ko po sana malaman if covered po ako kc sayang din po un if ever at malaking tulong na rin. Maraming salamat po.
Dear Elizabeth,
Voluntary members of SSS are covered provided that the member has remitted to the SSS at least three (3) monthly contributions in the twelve (12) – month period immediately preceding the semester of her childbirth.
Best,
Attorney Mommy
Thank you very much Atty. 😊 Finally, naliwanagan dn po ako. Buti nlng po nabasa ko itong article nyo. Very helpful sa aming mga nanay n my active at updated sss contribution. Ang mahirap sa sss kung hndi aware yung member regarding this matter is hahayaan lng nla. May habol pa den ako since nkapagbayad ako ng 1yr. contribution ko dis year 2019 before ako manganak. 😊
Thank you very much Atty. 😊
That’s good to hear, Elizabeth! Thank you for your comment. 🙂
Best,
Attorney Mommy
Hello po attorney!,clarify kolang po regarding sa salary differential at maternity benefit na babayaran ni SSS..magkaiba po ba yon?sa salary differential po ba si employer mismo magbabayad sakin?manganganak na po ako this coming september..medyo nalilito lang po salamat!
Dear Joy,
Salary differential will only come into play if the maternity benefit you are entitled to receive from SSS is lower than the full pay you receive from your employer. Yes, the employer shoulders or pays the salary differential.
Best,
Attorney Mommy
Hello po Attorney,
Good day.
I just have a question.
My sister is working in a construction site as one of their architects.
She became pregnant and will be due on October 2019.
I told her to notify her employer about her pregnancy but the employer’s response is that they are not providing any maternity benefits.
We tried to submit a maternity notification via the SSS website but to no avail since she is tagged as employed in SSS, which means that her employer should be the one to notify SSS.
May we kindly seek on your advise regarding her situation?
Thank you and God Bless po.
Regards,
Gerald
Dear Gerald,
Ask the company if they pay monthly contributions to SSS and double check if she has monthly deductions on her salary for SSS contributions. All companies must comply with the provisions of the Expanded Maternity Leave Law. If there is non-compliance, your sister can report the violation to SSS or DOLE.
Best,
Attorney Mommy
Hello po Attorney,
Good day.
She has monthly deduction on her payslip for SSS contributions and her employer also remit the monthly contributions to SSS. We have verified this via SSS website.
As per your advise, we’ll be reaching out to SSS or DOLE to have this sorted out.
Thank you po and God Bless. 🙂
we enjoy what you guys have posted here. don’t stop the super work!
Stillbirth po ang case ko, 105 or 60 days po ba ang mat leave ko? If ever kung ilang days po ba ang leave yun din ang babayaran ni sss? Tia.
Dear Jhoanna,
For as long as there is childbirth, you may be entitled to the expanded maternity leave benefits of 105 days, for as long as all the conditions required by the law are met.
Best,
Attorney Mommy
On the expanded Maternity Law, is it possible to transfer another 7 days paternity leave to my live-in partner? Or is it only applicable to Legally Married ones?
Dear Kim,
As explained in my blog post, see below:
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. The allocated benefit granted to the child’s father under RA 11210 is over and above that which is provided under RA 8187, or the “Paternity Leave Act of 1996”.
In case of death, absence, or incapacity of the child’s father, the female worker may allocate the benefit to the following:
(a) a relative within 4th degree of consanguinity
(b) the current partner of female worker, regardless of sexual orientation or gender identity, and provided he/she shares the same household with the female worker.
Best,
Attorney Mommy
Very efficiently written article. It will be useful to everyone who utilizes it, as well as me. Keep up the good work – looking forward to more posts.
What if a female employee in the private sector enjoying the maternity benefit will come back to work before the expiry of maternity leave? Will she be entitled to double compensation?
Dear King,
The female employee has already been paid for the whole duration of her maternity leave. In case she will return to work prior to the end of her maternity leave, the company has no obligation to pay her again, unless the company agrees, of course.
Best,
Attorney Mommy
Hello good pm. I gave birth last January 15. I’d just like to ask if the 105 days is inclusive of weekends and holidays? This is so I can accurately count the length of days of my maternity leave. Thanks so much!
Dear Karina,
The 105 days comprise of calendar days.
Best,
Attorney Mommy
hi attorney,
yung 105 days po ba na ito ay calendar days or working days po ? salamat po.
Dear Joy,
Calendar days.
Best,
Attorney Mommy
Greetings! Very helpful advice within this article!
It is the little changes that produce the most significant changes.
Thanks for sharing!