105-Day Expanded Maternity Leave
The Expanded Maternity Leave Law was signed and approved last February 20, 2019, by President Rodrigo R. Duterte under Republic Act 11210 full text here
The objective of the new law is to increases the current Maternity Leave period for Female workers from 60 days for normal deliveries and 78 days for caesarian. The Maternity Leave is granted to all covered Female Employee in government or private sector and including those self-employed regardless of their civil status.
Under the new law, all covered female workers shall be granted 105 days paid maternity leave regardless of whether it be a normal delivery or caesarian. She has an option to extend for an additional 30 days without pay. For Solo Mother, an additional 15 days paid maternity leave shall be granted if she qualifies under the “Solo Parent Welfare Act”. If the female employee suffers a miscarriage a 60 days’ maternity leave with pay shall be granted.
The SSS benefits of a covered member shall be computed based on her average monthly salary credit. Provided that she has paid her contribution of at least 3 months during the 12-month period before the semester (6 months) of her childbirth or miscarriage.
In availing the benefits, the female employee shall notify her employer of her pregnancy by signing the SSS Maternity Notification Form (MAT 1) with attached Proof of pregnancy and her SSS ID biometrics/UMID or 2 valid ID. For those unemployed, self-employed or voluntarily paying member shall directly notify SSS of her pregnancy.
An additional 30 days without pay can be avail if the employee wishes to extend her maternity leave. Provided, that she notifies her employer in writing of at least 45 days before the end of her maternity leave.
At her option, the Female employee can give up to 7 days of her maternity leave to the child’s father whether they are married or not. An advance written notice shall be provided to both employers. This benefit is beside the 7 days leave granted and is provided under the “Paternity Leave Act of 1996” to all male worker. In the case that the female worker dies or permanently incapacitated, any unused days of her maternity leave shall be given to the father.
Under this Act, the maternity benefits for female workers who are Non-members of the SSS shall be governed by PHILHEALTH under the “Social Health Insurance Coverage and Benefits for Woman about to Give Birth”.
The law clearly defines that no employer shall discriminate against the employment of women in order to avoid these benefits. That, those who avail of the benefit shall be assured of the security of tenure and shall not be used as a basis for demotion or termination in employment.
The Implementing Rules and Regulations of this newly enacted law shall be issued by SSS and could be issued by May.