Title
Supreme Court
Expanded Maternity Leave IRR
Law
Irr Of Republic Act No. 11210
Decision Date
May 1, 2019
The Implementing Rules and Regulations of the 105-Day Expanded Maternity Leave Law in the Philippines have been issued, granting female workers in various sectors paid leave for childbirth, miscarriage, or emergency termination of pregnancy, as well as additional benefits and allowances, with penalties for non-compliance.

Law Summary

Definition of Terms

  • Defines key terms including "alternate caregiver," "employer," "female workers in public and private sectors," "full pay," "miscarriage," "pregnancy," "solo parent," among others.
  • Specifies categories of female workers covered, including employed, self-employed, overseas Filipino workers (OFWs), informal economy workers, and voluntary SSS contributors.

Coverage and Types of Benefits

  • Covers female workers in public and private sectors, informal economy, voluntary SSS contributors, and national athletes.
  • Grants 105 days full paid maternity leave for live birth with 15 extra days for solo mothers, and 60 days for miscarriage or emergency termination.
  • Allows an optional 30-day unpaid extension; includes paid maternity benefits and healthcare services for covered workers.

Grant of Maternity Leave Benefits

  • All covered females enjoy 105 days maternity leave with full pay, plus 15 days if solo parent; 60 days for miscarriage/emergency termination.
  • Leave must be availed continuously and cannot be deferred; at least 60 days postnatal care mandatory.
  • Extended 30-day unpaid leave option requires prior written notice unless emergency.
  • Leave granted each pregnancy irrespective of frequency.
  • Maternity pay applicable even post-termination if within 15 days, with protections against unjust dismissal.
  • Benefits cannot be diminished and security of tenure assured during leave.
  • Prohibits discrimination against women to avoid maternity benefits.

Maternity Leave for Female Workers in the Public Sector

  • Eligibility regardless of employment status; applies to NGAs, LGUs, GOCCs, SUCs, LUCs.
  • Requires 30-day advance notice with medical certificate for leave application.
  • Female teachers may avail maternity leave during vacations with proportional vacation pay.
  • Option to use sick or vacation leave for extended unpaid maternity leave.
  • Full pay disbursed via lump-sum or payroll; clearance from accountability required but does not deprive leave rights.
  • Handles consecutive pregnancies and multiple births, granting benefits consecutively but only one maternity benefit per birth.
  • Disputes resolved through agency and Civil Service Commission; payment not delayed by disputes.

Maternity Leave for Female Workers in the Private Sector

  • Eligibility: Minimum 3 monthly SSS contributions in 12 months before semester of childbirth; notification to employer and SSS.
  • Employer must advance full pay within 30 days of application; SSS reimburses employer accordingly.
  • Employers must pay salary differential between SSS benefits and full salary unless exempted for specific criteria (e.g., distressed enterprises, micro-businesses).
  • SSS maternity benefits bar sickness benefits for same period.
  • Special rules for consecutive pregnancies and multiple births apply; only one benefit per childbirth.
  • Employer liable for benefits if failure to remit contributions or notify SSS.
  • Disputes filed with Social Security Commission or DOLE as appropriate.

Maternity Leave Benefits for Women in the Informal Economy

  • Coverage extends to married/unmarried women in informal economy.
  • Maternity benefits subject to remittance of at least 3 SSS monthly contributions within 12 months preceding childbirth semester.

Allocation of Maternity Leave Credits

  • Female worker may allocate up to 7 leave days to child's father or alternate caregiver (relative within fourth degree or current partner).
  • Allocation is additional to paternity leave rights under RA 8187.
  • Written notice requirement for allocation to employer, including for public sector.
  • If female worker dies or permanently incapacitated, remaining leave credits transfer to father or caregiver.

Maternity Leave for Female National Athletes

  • Pregnant athletes assessed for fitness to continue training; maternity leave granted following physician's advice.
  • Full allowance and benefits continued during leave inclusive of six months postpartum.
  • Public sector-employed athletes not entitled to double compensation.

Penalties

  • Noncompliance punishable by fines between P20,000 and P200,000 and imprisonment of 6 to 12 years or both.
  • Corporate heads held liable; noncompliance grounds for non-renewal of business permits.

Final Provisions

  • Mandatory periodic reviews of maternity leave benefits every 3 to 4 years by CSC, DOLE, SSS, and CHR with stakeholders.
  • Separability clause maintains validity of provisions if others deemed unconstitutional.
  • Repeals inconsistent orders or regulations.
  • Rules effective 15 days after publication.

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