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.