QuestionsQuestions (IRR of Republic Act No. 11210)
The IRR declares the State policy under the 1987 Constitution to protect and promote the rights and welfare of working women, recognizing maternal functions and providing an enabling environment for their well-being and full potential, consistent with local and international instruments protecting women’s health and decent work.
An alternate caregiver is a relative within the fourth civil degree of consanguinity of the female worker or her current partner.
Covered are: (1) female workers in the public sector; (2) female workers in the private sector; (3) female workers in the informal economy; (4) female voluntary contributors to SSS; and (5) female national athletes.
For live childbirth, 105 days with full pay. An additional 15 days with full pay is granted if the worker qualifies as a solo parent under RA 8972.
Sixty (60) days maternity leave with full pay is granted for miscarriage or emergency termination of pregnancy.
The worker may extend for an additional 30 days without pay (option to extend), provided due written notice to the employer is given as required by the IRR.
Due notice must be in writing and given at least 45 days before the end of the maternity leave. No prior notice is necessary in a medical emergency, but subsequent notice must be given.
No. Maternity leave cannot be deferred and must be availed of before or after delivery in a continuous and uninterrupted manner. Prenatal and postnatal leave can be combined as long as it does not exceed 105 days (live childbirth) or 60 days (miscarriage/emergency termination), and postnatal care is not less than 60 days.
Maternity leave must be granted for every instance of pregnancy, miscarriage, or emergency termination of pregnancy regardless of frequency.
Yes. The IRR expressly states that maternity leave benefits under RA 11210 and the Rules shall be enjoyed even if the employee in the public or private sector has a pending administrative case.
If childbirth/miscarriage/emergency termination occurs not more than 15 calendar days after termination, full pay maternity leave is still granted because the right has already accrued. If employment was terminated without just cause, the employer must pay the full amount equivalent to the maternity leave period, plus other applicable daily cash maternity benefits.
Nothing in the IRR should diminish existing maternity benefits currently enjoyed under CBAs or laws, if those are more beneficial to the worker. Other working arrangements agreed by the worker during the additional maternity leave may be allowed provided they are in writing and primarily uphold maternal functions and postnatal care.
The exercise of the option to avail of RA 11210 benefits cannot be used as a basis for demotion or termination. Reassignment/transfer is allowed only if it does not involve reduction in rank, status, salary, or otherwise amount to constructive dismissal.
They must (1) have at least 3 monthly SSS contributions in the 12-month period immediately preceding the semester of contingency, considering only contributions paid per period to the semester of contingency; and (2) have notified the employer of pregnancy and probable date of childbirth, with the notice transmitted to SSS in accordance with SSS rules.
The employer must advance full payment within 30 days from filing of the maternity leave application.
Employers pay the difference between the full salary and the actual cash benefits received from SSS. However, exempt establishments may not be required to pay salary differential if they meet specific criteria and obtain DOLE approval upon annual justification.
No. Payment of daily SSS maternity benefits is a bar to recovery of sickness benefits under RA 11199 for the same period for which daily maternity benefits were received.
Up to 7 days of maternity benefits may be allocated to the child’s father, and the allocated benefit is over and above what is provided under RA 8187 (Paternity Leave Act of 1996).
The penalty ranges from a fine of not less than P20,000 nor more than P200,000 and imprisonment of not less than 6 years and 1 day nor more than 12 years, or both. Managing heads/directors/partners may be liable if committed by associations/corporations.