Republic Act 11210 also known as the “105-Day Expanded Maternity Leave Law” has been recently approved by our President. This is very beneficial to all working Filipino mothers, whether solo or married women. It further protects the welfare of mothers in the working sector by providing them with ample transition time to regain their health and overall wellness before they go back to work. To know more about what this law is about, keep scrolling.
All female workers in the government–including National Government Agencies (NGAs), Local Government Units (LGU), Government-Owned or Government-Controlled Corporation (GOCCs) or State Universities and Colleges (SUCs)–and private sector, including those in the informal economy should be covered by this law. Whether married or not, every female worker with child should be eligible for an expanded maternity leave.
According to this expanded law, every female worker is granted 105 days of maternity leave with full pay. There is also an option to extend for an additional 30 days, without pay. Under the RA 6972, qualified single parents are granted an additional 15 days with full pay. For cases of miscarriage or an emergency termination of pregnancy, the 60 days maternity leave with full pay still stands.
Maternity leave is granted in every instance of pregnancy (whether delivered normally or caesarean), including miscarriages and emergency terminations of pregnancy, regardless of how frequently they happen.
Fathers of the child may get up to a maximum of seven days, whether he is married to the female worker or not. In cases of death, absence, or incapacity of the father, the seven days can be allocated to an alternate caregiver who may be a relative up to the fourth degree of consanguinity. Credit can also be given to the current partner (who shares the same household as the female worker, as long of the female worker permits it.
- Maternity leave should not be taken for enjoyment purposes only. Rather, a vacation leave either before or after the actual period of delivery can be taken in a continuous and uninterrupted manner.
- When applying for maternity leave, the head of the agency should be provided with at least 45 days due notice in writing before the end of her maternity leave, if you choose to avail of the additional 30 days leave without pay. No prior notice is necessary in the event of a medical emergency. However, subsequent notice should be given to the head of the agency.
- For female workers in the private sector: Every female worker who has been a member of the Social Security System (SSS), and who has paid at least three monthly contributions in the twelve month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit.
- For female workers with pending administrative cases: The maternity leave benefit shall be enjoyed by the female worker in the government and in the private sector even if she has a pending administrative case.
- For female workers in the informal economy and voluntary contributors to the SSS: Female Workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three monthly contributions in the twelve month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.
- For female workers who are not members of the SSS: Female workers who are neither voluntary nor regular members of the SSS shall be governed by Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the “Social Health Insurance Coverage and benefits for Women about to Give Birth”.
- For female national athletes: In the event that a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) to determine her fitness to continue training.