QuestionsQuestions (Republic Act No. 11210)
RA 11210 is the “105-Day Expanded Maternity Leave Law.” It increases maternity leave to 105 days with full pay, with an option to extend for an additional 30 days without pay.
All covered female workers in the government and private sector, including those in the informal economy, regardless of civil status or legitimacy of her child.
Maternity leave is granted for every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency.
Sixty (60) days with full pay.
One hundred five (105) days with full pay, with an option to extend for an additional thirty (30) days without pay.
An additional fifteen (15) days of maternity leave with full pay.
Enjoyment cannot be deferred. It should be availed either before or after actual delivery in a continuous and uninterrupted manner, not exceeding 105 days.
The head of the agency must be given written notice at least forty-five (45) days before the end of the maternity leave. No prior notice is necessary for a medical emergency, but subsequent notice must be given.
A qualified SSS member is paid daily maternity benefits computed based on average monthly salary credit for 105 days. The employer advances full payment within 30 days from filing and is reimbursed by SSS (100%) upon satisfactory proof. The employer also covers the salary differential where applicable, subject to DOLE guidelines and exceptions.
She 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.
The employer shall pay to the SSS damages equivalent to the benefits the employee would otherwise have been entitled to.
They are assured of security of tenure. Availing the benefits cannot be used as basis for demotion or termination; reassignment/transfer is allowed as long as it does not involve reduction in rank, status, salary, or amount to constructive dismissal.
Yes. The mother may allocate up to seven (7) days to the child’s father, whether or not married to the mother. In the death, absence, or incapacity of the father, allocation may go to an alternate caregiver (relative within the fourth degree of consanguinity or current partner sharing the same household), based on the mother’s election and best interests of the child, with written notice to employers.
RA 11210 must not diminish existing maternity benefits currently enjoyed if they are more beneficial to the female worker (including those under CBA or existing laws). Any other working arrangement during the additional 30 days without pay must be agreed to in writing by the female worker and primarily uphold maternal functions and postnatal care.
Yes. Maternity leave benefits shall be enjoyed even if the female worker in government service or private sector has a pending administrative case.
Penalties: fine of not less than ₱20,000 nor more than ₱200,000 and imprisonment of not less than 6 years and 1 day nor more than 12 years, or both. Failure by a private enterprise may be a ground for non-renewal of business permits.