Question & AnswerQ&A (IRR of Republic Act No. 11210)
These rules and regulations are known as the "Implementing Rules and Regulations of the 105-Day Expanded Maternity Leave Law."
The policy is to protect and promote the rights and welfare of working women, taking into account their maternal functions, and to provide an enabling environment for their full potential, in accordance with the 1987 Constitution and the Magna Carta of Women.
An alternate caregiver refers to a relative within the fourth civil degree of consanguinity of the female worker or her current partner.
The law covers female workers in the public sector, private sector, informal economy, voluntary SSS members, and female national athletes.
One hundred five (105) days for live childbirth, plus an additional fifteen (15) days for solo mothers.
Sixty (60) days of paid maternity leave with full pay.
Yes, she can extend her maternity leave for an additional thirty (30) days without pay by giving written notice to her employer at least 45 days before the original maternity leave ends, or without prior notice in a medical emergency.
They are assured security of tenure, meaning they cannot be demoted or terminated because they availed maternity leave. Transfers are allowed as long as there’s no reduction in rank, status, or salary.
They must have at least three (3) monthly contributions in the 12-month period immediately preceding the semester of childbirth or pregnancy loss and notify their employer of the pregnancy and expected delivery date.
Penalties include fines of not less than P20,000 and not more than P200,000, imprisonment from six (6) years and one day to twelve (12) years, or both. For corporations or other entities, responsible officials are liable, and failure to comply may result in non-renewal of business permits.