Legal basis and referenced laws
- Section 2 (Declaration of Policy) cites the 1987 Constitution, Article XIII, Section 14 as the basis for protecting and promoting working women’s rights and welfare.
- Section 2 also references 1987 Constitution, Article II, State Policies, Section 12 (sanctity of family life; protection of the life of the mother and the life of the unborn from conception).
- Section 2 further references Republic Act No. 9710, known as “The Magna Carta of Women”, specifically Sections 17 and 22, for women’s rights to health and decent work.
- The Act explicitly cross-references Republic Act No. 8972 (the “Solo Parents’ Welfare Act”).
- The Act cross-references Republic Act No. 1161, as amended regarding sickness benefits (as a bar rule in the private-sector SSS framework).
- Section 14 (Non-Diminution of Benefits) references collective bargaining agreements (CBA) and “present laws” as sources of existing maternity benefits.
- Section 6 (Allocation of Maternity Leave Credits) references Republic Act No. 8187, the “Paternity Leave Act of 1996”.
- Section 11 references PhilHealth Circular No. 022-2014, titled “Social Health Insurance Coverage and Benefits for Women About to Give Birth”.
- Section 19 (Implementing Rules and Regulations) assigns rulemaking to the CSC, DOLE, and SSS.
Policy intent and declared purpose
- Section 2 declares the State policy, under Article XIII, Section 14 of the 1987 Constitution, to protect and promote the rights and welfare of working women.
- Section 2 states the policy aims to provide an enabling environment for women’s full potential by taking into account women’s maternal functions.
- The Act intends to institutionalize a mechanism to expand the maternity leave period to provide transition time to regain health and overall wellness.
- Section 2 states the expanded leave provides ample time for women to assume maternal roles before resuming paid work.
- Section 2 states consistency with local and international legal instruments that protect and promote women’s rights.
Core grant: maternity leave periods
- Under Section 3 (Grant of Maternity Leave), all covered female workers in government and the private sector, including those in the informal economy, are granted one hundred five (105) days maternity leave with full pay.
- Section 3 gives an option to extend for an additional thirty (30) days without pay.
- The Act provides a solo parent enhancement: if the worker qualifies under Republic Act No. 8972, she is granted an additional fifteen (15) days maternity leave with full pay.
- Section 3 provides that enjoyment of maternity leave cannot be deferred and must be availed either before or after actual period of delivery, in a continuous and uninterrupted manner, not exceeding one hundred five (105) days “as the case may be.”
- Section 3 mandates maternity leave in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.
- For miscarriage or emergency termination of pregnancy, Section 3 grants sixty (60) days maternity leave with full pay.
- Under Section 3, the employer-side framework in the private sector and government sector is further specified in Sections 4 and 5.
Public sector maternity leave rules
- Under Section 4, any pregnant female worker in the government service—regardless of employment status—working in NGAs, LGUs, GOCCs, or SUCs is granted one hundred five (105) days with full pay.
- Section 4 states that the full-pay period applies regardless of whether delivery was normal or caesarian.
- If the employee qualifies under Republic Act No. 8972, Section 4 provides an additional maternity benefit of fifteen (15) days.
- Section 4 provides an option for an additional maternity leave of thirty (30) days, without pay.
- Section 4 requires the head of the agency to be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave.
- Section 4 creates an emergency exception: no prior notice is necessary in the event of a medical emergency, but subsequent notice must be given to the head of the agency.
- Section 4 provides that for miscarriage or emergency termination of pregnancy, the government worker receives sixty (60) days with full pay.
Private sector maternity leave and SSS mechanics
- Under Section 5, any pregnant female worker in the private sector is granted one hundred five (105) days with full pay, regardless of delivery type (caesarian section or natural delivery).
- Section 5 provides that for miscarriage or emergency termination of pregnancy in the private sector, the worker receives sixty (60) days with full pay.
- Section 5(a) sets an SSS maternity benefit rule for a female SSS member who paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.
- For eligible SSS members, Section 5(a) provides the worker is paid her daily maternity benefit computed based on her average monthly salary credit for one hundred five (105) days.
- Section 5(a) imposes conditions:
- The worker must notify the employer of her pregnancy and the probable date of childbirth; the notice must be transmitted to SSS “in accordance with the rules and regulations it may provide.”
- The employer must advance full payment within thirty (30) days from the filing of the maternity leave application.
- Receiving daily maternity benefits is a bar to the recovery of sickness benefits under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits were received.
- The SSS must immediately reimburse the employer of one hundred percent (100%) of the amount advanced upon receipt of satisfactory and legal proof of payment.
- If the worker gives birth or suffers miscarriage or emergency termination without the required contributions having been remitted for her by her employer to the SSS, or without SSS having been previously notified by the employer of the pregnancy time, the employer must pay the SSS damages equivalent to the benefits the member would otherwise have been entitled to.
- Section 5(a) also provides that if the employee qualifies as a solo parent under Republic Act No. 8972, she is paid an additional maternity benefit of fifteen (15) days.
- Section 5(b) provides an option for an additional thirty (30) days without pay, subject to:
- The employer is given due notice in writing at least forty-five (45) days before the end of her maternity leave.
- In a medical emergency, no prior notice is necessary, but subsequent notice must be given to the head of the agency.
- Section 5(c) requires that workers availing maternity leave must receive their full pay, and provides employer salary-differential responsibilities, with enumerated exceptions, “subject to the guidelines to be issued by DOLE”:
- Employers of operating distressed establishments are excepted.
- Employers that are retail/service establishments and other enterprises employing not more than ten (10) workers are excepted.
- Employers considered as micro-business enterprises engaged in production, processing, manufacturing (including agro-processing), trading, and services are excepted if total assets are not more than Three million pesos (P3,000,000.00).
- Employers who are already providing similar or more than the benefits herein provided are excepted.
- The listed exemptions are subject to an annual submission of a justification by the employer claiming exemption for approval of the DOLE.
Other coverage categories and related rules
- Section 6 (Allocation of Maternity Leave Credits) allows a covered female worker to allocate up to seven (7) days of maternity leave benefits to the child’s father, whether or not the father is married to the female worker.
- Section 6 provides that in the death, absence, or incapacity of the former (the father), the benefit may be allocated to an alternate caregiver who may be:
- a relative within the fourth degree of consanguinity, or
- the current partner of the female worker sharing the same household,
upon the mother’s election taking into account the best interests of the child.
- Section 6 requires written notice of allocation to be provided to the employers of the female worker and alternate caregiver.
- Section 6 states the benefit allocation is over and above that provided under Republic Act No. 8187 (the Paternity Leave Act of 1996).
- Section 6 provides that if the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits accrues to the father or to a qualified caregiver as provided.
- Section 7 states that all female workers in the government and female members of the SSS, regardless of civil status, are granted maternity leave with full pay upon compliance with the preceding section (Section 6).
- Section 8 provides maternity leave with full pay even if childbirth, miscarriage, or emergency termination occurs not more than fifteen (15) calendar days after the termination of an employee’s service, because the right already accrued.
- Section 8 provides an exception: the fifteen (15) calendar-day rule is not applicable if the employment was terminated without just cause; in such case, the employer must pay:
- full amount equivalent to salary for one hundred five (105) days for childbirth, and
- sixty (60) days for miscarriage or emergency termination,
in addition to other applicable daily cash maternity benefits the worker would have received had employment not been illegally terminated.
- Section 9 allows maternity leave to be credited as combinations of prenatal and postnatal leave as long as:
- the total does not exceed one hundred five (105) days, and
- compulsory postnatal leave is not less than sixty (60) days.
- Section 10 extends coverage to women in the informal economy and voluntary contributors:
- maternity benefits cover all married and unmarried women, including female workers in the informal economy.
- informal economy workers must have remitted to SSS at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination.
- Section 11 states that female workers who are neither voluntary nor regular members of the SSS are governed by PhilHealth Circular No. 022-2014 (“Social Health Insurance Coverage and Benefits for Women About to Give Birth”).
- Section 12 provides that maternity leave benefits under the Act are enjoyed by a female worker even if she has a pending administrative case.
- Section 13 provides special rules for female national athletes:
- On pregnancy, she is referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine fitness to continue training.
- She may participate in all team-related activities unless the physician advises participation is not medically safe or should be limited.
- Upon medical advice, she goes on maternity leave until cleared to return to training.
- She continues receiving her allowance and is entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by her physician, in which case she is entitled to allowance and benefits she had prior to pregnancy.
- A female national athlete employed in the public sector shall not receive double compensation or benefits.
- Section 3, Sections 4 and 5, and Sections 10–13 collectively define who receives the leave and under what benefit/administration framework.
Non-diminution, security of tenure, and non-discrimination
- Section 14 (Non-Diminution of Benefits) provides that nothing in the Act diminishes existing maternity benefits currently enjoyed by female workers if those benefits are more beneficial, whether granted under CBA or present laws.
- Section 14 allows any other working arrangement the female worker agrees to during the additional maternity leave period, provided:
- the arrangement is consented to in writing by the female worker, and
- it primarily upholds her maternal functions and the requirements of postnatal care.
- Section 15 (Security of Tenure) states those who avail of the Act’s benefits are assured security of tenure in both the government service and private sector.
- Section 15 provides that availing the option under the Act shall not be used as basis for demotion or termination.
- Section 15 allows transfer to a parallel position or reassignment within the same agency or enterprise, provided it does not involve reduction in rank, status, salary, or otherwise amount to constructive dismissal.
- Section 16 (Non-Discrimination) prohibits any employer in the public or private sector from discriminating against the employment of women to avoid the benefits provided in the Act.
Review, implementing rules, penalties, and compliance consequences
- Section 17 (Periodic Review) requires the Civil Service Commission (CSC), DOLE, SSS, and the Gender Ombud of the Commission on Human Rights (CHR), in consultation with trade unions, labor organizations, and employers’ representatives, to conduct review within one (1) month after the effectivity of the Act.
- Section 17 requires that the review covers maternity leave benefits in the government service and the private sector, respectively.
- Section 17 further mandates periodic valuation/report inclusion:
- every four (4) years for the SSS and the DOLE, and
- every three (3) years for the CSC,
with possibility of more frequent action “as may be necessary,” to meet needs of pregnant women and newly-born infants and improve welfare.
- Section 18 (Penalties) provides that whoever fails or refuses to comply shall be punished by:
- a fine of not less than Twenty thousand pesos (P20,000.00) nor more than Two hundred thousand pesos (P200,000.00), and
- imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years, or both.
- Section 18 provides corporate/association liability: if the penalized act or omission is committed by an association, partnership, corporation, or any other institution, the managing head, directors, or partners shall be liable to the penalties for the offense.
- Section 18 states that failure of any association, partnership, corporation, or private enterprise to comply is a ground for non-renewal of business permits.
- Section 19 (Implementing Rules and Regulations) requires the CSC, DOLE, and SSS to issue necessary rules and regulations for effective implementation within sixty (60) days from the effectivity of the Act.
Separability, repealing, and sunset clauses
- Section 20 (Separability Clause) provides that if any provision is declared unconstitutional or otherwise invalid, the validity of the other provisions is not affected.
- Section 21 (Repealing Clause) repeals or modifies all laws, decrees, orders, rules and regulations, or parts thereof, that are inconsistent with the Act.
- The source does not provide any explicit sunset provision or termination date for the Act beyond the standard effectivity timing under Section 22.