Title
Supreme Court
105-Day Expanded Maternity Leave Law
Law
Republic Act No. 11210
Decision Date
Feb 20, 2019
The 105-Day Expanded Maternity Leave Law in the Philippines grants female workers 105 days of maternity leave with full pay, with additional benefits for solo parents, and the option to allocate some leave to the child's father or alternate caregiver, ensuring the protection and welfare of working women during pregnancy and childbirth.

Law Summary

Declaration of Policy

  • The State recognizes the rights and welfare of working women considering their maternal functions.
  • It aligns with the 1987 Constitution provisions and Republic Act No. 9710 (Magna Carta of Women).
  • The law institutionalizes expanded maternity leave as a social responsibility and to promote women's health and wellness.
  • Consistent with local and international women's rights protections.

Grant of Maternity Leave

  • Covers all female workers in government, private sector, and informal economy.
  • Provides 105 days maternity leave with full pay, with an option to extend 30 days without pay.
  • Solo mothers get an additional 15 days with full pay.
  • Leave must be availed continuously either before or after delivery, non-deferrable.
  • Miscarriage or emergency termination grants 60 days full paid leave.

Maternity Leave for Public Sector Female Workers

  • Applies to all government employees irrespective of employment status across NGAs, LGUs, GOCCs, SUCs.
  • 105 days maternity leave with full pay regardless of delivery type.
  • Solo parents get additional 15 days full paid leave.
  • Optional 30 days unpaid extension available.
  • Written notice to agency head 45 days before leave end required unless in emergencies.
  • 60 days full pay for miscarriage or emergency termination.

Maternity Leave for Private Sector Female Workers

  • 105 days full paid maternity leave regardless of delivery mode.
  • 60 days full pay for miscarriage or emergency termination.
  • Female SSS members with at least 3 monthly contributions in the previous 12 months receive daily maternity benefits.
  • Employer advances full payment reimbursed by SSS.
  • Employer liable to damages if SSS contributions or pregnancy notifications are not made.
  • Solo parents receive additional 15 days maternity benefit.
  • 30 days unpaid extension optional with 45-day written notice.
  • Employers pay salary differential between SSS benefits and regular wages, subject to exemptions (distressed firms, small enterprises, micro-businesses, existing better benefits).

Allocation of Maternity Leave Credits

  • Female workers may allocate up to 7 days of maternity leave to the child's father or alternate caregiver.
  • Alternate caregiver may be a relative within fourth degree of consanguinity or current household partner.
  • Written notice to employers required.
  • This benefit is additional to paternity leave under RA 8187.
  • If the mother dies or is incapacitated, remaining benefits accrue to father or qualified caregiver.

Maternity Leave for Women Regardless of Civil Status

  • Applies to all female workers including unmarried mothers.
  • Entitlement requires compliance with maternity leave provisions.

Maternity Leave Pay After Employment Termination

  • Mothers who give birth, miscarry, or terminate pregnancy within 15 days after employment ends still receive full paid maternity leave.
  • Does not apply if termination was without just cause, in which case employer pays the full maternity wage and benefits.

Maternity Leave Credits

  • The 105 days maternity leave can be divided between prenatal and postnatal leave.
  • Postnatal leave mandatory minimum of 60 days.

Maternity Leave for Informal Economy and Voluntary SSS Contributors

  • Extends maternity benefits to female workers in informal economy.
  • Must have at least 3 monthly SSS contributions in the 12-month period preceding childbirth, miscarriage, or termination.

Maternity Benefits for Non-SSS Members

  • Female workers not members of SSS covered by PhilHealth Circular No. 022-2014 for social health insurance maternity benefits.

Maternity Leave With Pending Administrative Case

  • Female workers with pending administrative cases still entitled to maternity leave benefits.

Maternity Leave for Female National Athletes

  • Pregnant national athletes assessed by PSC team or accredited physician for fitness to train.
  • Allowed team activity unless medically contraindicated.
  • Maternity leave provided prior to childbirth and up to 6 months after, with continued allowance and benefits.
  • Public sector athlete shall not receive double compensation.

Non-Diminution of Benefits

  • The law does not reduce more beneficial maternity benefits under existing laws or CBAs.
  • Additional maternity leave period may be under alternative work arrangements with written consent.

Security of Tenure

  • Availing maternity leave guarantees security of tenure.
  • No discrimination, demotion, or termination for using maternity leave rights.
  • Transfers/reassignments allowed if no reduction in rank, status, or salary.

Non-Discrimination

  • Employers prohibited from discriminating against women to avoid maternity leave benefits.

Periodic Review

  • CSC, DOLE, SSS, and CHR to review maternity benefits within 1 month of effectivity.
  • Reviews to be included in valuation reports every 3-4 years or as necessary.

Penalties

  • Violators face fines from P20,000 to P200,000 and imprisonment from 6 years 1 day to 12 years or both.
  • Corporate officials liable if infractions committed by entities.
  • Non-compliance grounds for non-renewal of business permits.

Implementing Rules and Regulations

  • CSC, DOLE, and SSS must issue rules within 60 days of effectivity.

Separability Clause

  • Invalid provisions do not affect validity of remaining sections.

Repealing Clause

  • Conflicting laws and rules are repealed or modified.

Effectivity

  • The law takes effect 15 days after publication in Official Gazette or newspaper of general circulation.

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