Question & AnswerQ&A (BIR REVENUE MEMORANDUM CIRCULAR NO. 39-92)
The short title of Republic Act No. 11210 is the "105-Day Expanded Maternity Leave Law."
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, are covered under the law.
The law provides one hundred five (105) days of maternity leave with full pay, with an option to extend for an additional thirty (30) days without pay.
Yes, female workers who qualify as solo parents under Republic Act No. 8972 (Solo Parents' Welfare Act) are granted an additional fifteen (15) days of maternity leave with full pay.
Yes, maternity leave of sixty (60) days with full pay shall be granted for miscarriage or emergency termination of pregnancy.
Yes, pregnant female workers in the government service shall be granted 105 days maternity leave with full pay regardless of delivery type, plus the additional benefits for solo mothers and optional 30 days without pay.
A female SSS member must have paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy, and must notify her employer and the SSS of her pregnancy and probable date of childbirth.
Employers in the private sector are responsible for paying the salary differential between the SSS maternity benefits and the female worker's average weekly or regular wages, with certain exemptions for distressed establishments, small enterprises, and micro-businesses.
Yes, up to seven (7) days of maternity leave benefits can be allocated to the child's father or, if he is absent or incapacitated, to an alternate caregiver who is a relative within the fourth degree of consanguinity or the current partner sharing the household.
Yes, the law assures security of tenure and prohibits demotion or termination based on availing maternity leave. Employers are also prohibited from discriminating against women to avoid granting maternity benefits.
Employers who fail or refuse to comply shall face a fine ranging from Twenty thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), imprisonment from six (6) years and one (1) day to twelve (12) years, or both. Associations or corporations may have their managing heads liable, and failure may lead to non-renewal of business permits.
Yes, maternity leave with full pay shall be granted if childbirth, miscarriage, or emergency termination occurs within fifteen (15) calendar days after termination of service, except when such termination was without just cause.
The compulsory postnatal leave period shall not be less than sixty (60) days out of the total 105 days of maternity leave.
Yes, maternity leave benefits shall still be enjoyed even if the female worker has a pending administrative case.
Yes, female national athletes are entitled to maternity leave benefits and continued allowance before childbirth and up to six (6) months after, subject to medical advice regarding their fitness to train and participate.