Expanded Maternity Leave IRR

Policy and Constitutional Mandate

The State declares as policy the protection and promotion of the rights and welfare of working women, considering their maternal functions, and providing an enabling environment for their full potential.
The State recognizes the sanctity of family life and protects and strengthens the family as the basic autonomous social institution.
The State equally protects the life of the mother and the life of the unborn from conception.
The State recognizes women’s rights to health and decent work under Republic Act No. 9710.
The State institutionalizes a mechanism to expand the maternity leave period to give women ample transition time to regain health and wellness and to assume maternal roles before resuming paid work.

Core Definitions for Administration

“Alternate caregiver” means a relative within the fourth civil degree of consanguinity of the female worker or her current partner.
“Current partner” means a person who shares an intimate relationship and lives with the female worker.
“Emergency termination of pregnancy” means pregnancy loss on or after the 20th week of gestation, including stillbirth.
“Employer” means any person (natural or juridical) in the public or private sector employing another’s services, including any person acting in the interest of an employer, and includes government and all its branches, subdivisions, and instrumentalities; GOCCs and institutions; and non-profit private institutions or organizations.
“Employment status in the public sector” refers to appointment status and may be permanent, temporary, coterminous, fixed term, casual, contractual, substitute, or provisional.
“Employment status in the private sector” refers to regular, probationary, casual, project, or seasonal employment.
“Full pay” means actual remuneration or earnings paid by an employer for services on normal working days and hours not lower than the wage rate fixed by the RTWPB, including allowances under company policy or a CBA, if any; in the public sector it includes basic salary and allowances provided under existing guidelines.
“Miscarriage” means pregnancy loss before the 20th week of gestation.
“Pregnancy” means the period from conception up to before actual delivery or birth, including miscarriage or emergency termination.
“Solo parent” means a covered female worker who falls under the solo parent category under Republic Act No. 8972.

Coverage and Types of Benefits

The 105-Day Expanded Maternity Leave Law (EMLL) covers: (1) female workers in the public sector, (2) female workers in the private sector, (3) female workers in the informal economy, (4) female SSS voluntary contributors, and (5) female national athletes.
For live childbirth, the benefit duration for public and SSS-covered private/informal sectors is one hundred five (105) days with an additional fifteen (15) days paid leave for qualified solo parents under Republic Act No. 8972.
For miscarriage and emergency termination of pregnancy, the benefit duration is sixty (60) days paid leave for covered public and SSS-covered private/informal sectors.
For SSS-covered employed female workers, full pay consists of: (i) the SSS maternity benefit computed based on average daily salary credit, plus (ii) the salary differential to be paid by the employer, if any.
The EMLL grants an option to extend maternity leave for an additional thirty (30) days without pay for live childbirth instances covered by the law’s option structure.
Female national athletes are granted paid maternity leave, allowances, and benefits.
Health care services for pre-natal, delivery, postpartum, and pregnancy-related conditions are granted to female workers under PhilHealth rules for those not covered by SSS membership categories described in these rules.

Public Sector Maternity Leave Rules

Government pregnant female workers in NGAs, LGUs, GOCCs, SUCs, or LUCs are entitled to one hundred five (105) days maternity leave with full pay regardless of the manner of delivery.
Solo parents in the public sector are entitled to an additional fifteen (15) days paid leave under Republic Act No. 8972.
For miscarriage or emergency termination of pregnancy, public sector female workers are entitled to sixty (60) days with full pay.
A public sector employee must give prior notice to the head of agency of her pregnancy and availment of maternity leave at least thirty (30) days in advance whenever possible, specifying the effective date of leave, using the prescribed civil service form and supported by a medical certificate.
Female teachers may avail maternity leave during long vacations (summer and Christmas vacations), and receive maternity leave benefits and proportional vacation pay (PVP).
For live childbirth, the employee may extend maternity leave for an additional thirty (30) days without pay or use earned sick leave credits for extended leave with pay; if sick leave credits are exhausted, vacation leave may be used.
Full pay in the public sector is paid by the agency, either through lump sum payment or through regular payroll salary; clearance from money, property, and work-related accountabilities must be secured, but neither these clearances nor pending administrative cases may deprive maternity leave benefits.
For overlapping contingencies (e.g., miscarriage followed by live childbirth), maternity benefits are granted consecutively for the two contingencies, but only one maternity benefit is paid per childbirth/delivery regardless of the number of offspring.
Disputes on payment of full pay are filed first with the head of agency and may be appealed to the Civil Service Commission (CSC) Regional Office and then to the Commission Proper; the agency must not hold or delay payment of full pay pending resolution.

Private Sector SSS Benefit Administration

A covered private sector female worker qualifies for the maternity leave benefit when she has at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.
Qualification also requires that she notified her employer of her pregnancy and probable date of childbirth, with notice transmitted to the SSS under SSS rules and regulations.
On pregnancy confirmation, the female worker must immediately inform her employer of the fact and expected date of childbirth.
The employer must notify the SSS through the prescribed manner.
Failure of the pregnant female worker to notify the employer does not bar receipt of maternity benefits, subject to SSS guidelines.
Self-employed female workers (including those in the informal economy), OFWs, and voluntary SSS members may give notice directly to the SSS.
Employers must advance full payment of the maternity benefit within thirty (30) days from filing of the maternity leave application.
For self-employed female members, including those in the informal economy, OFWs, and voluntary SSS members, the SSS directly pays the maternity benefit.
The SSS reimburses the employer immediately to the extent of one hundred percent (100%) of the average daily salary credit corresponding to one hundred five (105) days, one hundred twenty (120) days, or sixty (60) days, as applicable, upon receipt of satisfactory and legal proof of payment.
Employers must pay the salary differential between full salary and actual cash benefits received from the SSS.
Certain private establishments are exempt from paying salary differential if they satisfy listed criteria and provide annual submission of justification for approval by DOLE.
Salary differential exemptions apply to distressed establishments when:
- For corporations/cooperatives, actual net loss amounts to 25% of total assets or capital deficiency (negative stockholders’ equity) exists immediately preceding the exemption application;
- For sole proprietorships and partnerships, accumulated net losses for the last two (2) full accounting periods are 20% or more of total invested capital at the beginning of the review period or capital deficiency (negative net worth) exists as of the last full accounting period immediately preceding the application;
- For non-stock, non-profit organizations, accumulated net losses for the last two (2) full accounting periods are 20% or more of fund balance/members’ contribution at the beginning of the period or capital deficiency (negative fund balance/members’ contribution) exists as of the last full accounting period or interim period immediately preceding the application; and
- For banks and quasi-banks, there is certification from the Bangko Sentral ng Pilipinas that the entity is under receivership or liquidation as provided in Section 30 of RA 7653.
Salary differential exemptions also apply to:
- Retail/service establishments and enterprises employing not more than ten (10) workers, engaged in retail sale of goods/services to end users for personal/household use and regularly employing not more than ten (10) workers regardless of status (except the owners) for at least six (6) months in any calendar year;
- Micro-business enterprises engaged in production/processing/manufacturing, including agro-processing, trading, and services, with total assets not more than P3,000,000.00 under the Barangay Micro Business Enterprises (BMBE) Act of 2002; and
- Establishments already providing similar or more than these benefits under existing CBA, company practice, or policy.
Payment of daily SSS maternity benefits bars recovery of sickness benefits under Republic Act No. 11199 for the same period for which daily maternity benefits have been received.
For overlapping maternity leave claims from consecutive pregnancies, the female member receives maternity benefits consecutively, and the overlapping period amount is deducted from the current maternity benefit claim.
For multiple childbirths, the female member receives only one maternity benefit regardless of the number of offspring per childbirth/delivery.
If the employer fails to remit required contributions or fails to transmit the pregnancy notification to the SSS, the employer is liable to pay the SSS an amount equivalent to the maternity benefits the employee would otherwise have been entitled to.
Disputes on SSS maternity leave benefit are filed before the Social Security Commission (SSC) under SSC dispute rules, with petitions filed with the Office of the Executive Clerk of the Commission or a Deputy, or at any Regional Commission Legal Department.
Disputes on salary differential are filed before the DOLE Field/Provincial/Regional Office having jurisdiction over the workplace under DOLE enforcement mechanisms.

Informal Economy and Voluntary Contributors

Maternity benefits under the EMLL cover married and unmarried women, including women in the informal economy.
Women in the informal economy are entitled to maternity leave benefits if they remitted to the SSS at least three (3) months contributions in the twelve (12)-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination.
Female members in the informal economy, as well as voluntary SSS contributors, are covered under maternity benefit rules stated for women in this category.

Allocation of Maternity Leave Credits

A female worker entitled to maternity leave benefits may allocate up to seven (7) days of the maternity benefits to the child’s father, whether or not married to the female worker.
Allocated days to the father are granted over and above the benefits under Republic Act No. 8187 (Paternity Leave Act of 1996).
If the father is dead, absent, or incapacitated, the female worker may allocate the benefit to an alternate caregiver.
The alternate caregiver is either (a) a relative within the fourth degree of consanguinity or (b) the female worker’s current partner, regardless of sexual orientation or gender identity, in cases where miscarriage or emergency termination occurs.
When the female worker allocates benefits, the SSS pays the female worker the maternity benefit amount corresponding to the period not allocated.
The father (or alternate caregiver, in the father’s death/absence/incapacity) receives a leave with pay equivalent to one (1) to seven (7) days, enjoyed continuously or intermittently not later than the period of maternity leave availed by the female worker.
The female worker must notify the employer of her allocation option with her maternity leave application.
The father or alternate caregiver must notify the employer of his or her availment of the allocated leave and the inclusive dates.
Written notice to employers is required even when the father or alternate caregiver is employed in the public sector.
For public sector allocation, the female worker must submit written notice to the head of agency (or authorized representative) with the maternity leave application.
In the public sector, allocated leave may be taken by the father or alternate caregiver continuously or intermittently not later than the maternity leave period availed by the female worker.
If full pay has been given to the female worker, the father or alternate caregiver is excused from work on a leave without pay basis, and that leave without pay is not treated as a gap in service.
If the female worker dies or becomes permanently incapacitated, the balance of her maternity leave benefits (if any) accrues to the child’s father or a qualified alternate caregiver, subject to conditions:
- maternity benefits have not yet commuted to cash, if applicable; and
- a certified true copy of the death certificate or medical certificate or abstract is provided to the employers of the female worker and the father/alternate caregiver.
If the deceased or permanently incapacitated female worker’s maternity benefits have already been paid in full, the father or alternate caregiver may enjoy remaining unexpired leave credits without pay, and that leave without pay is not considered a gap in service for both private and public sector.

National Athletes: Training, Leave, and Benefits

If a national athlete in the roster of national athletes becomes pregnant, she is referred to a physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine fitness to continue training.
The athlete may participate in team-related activities unless a physician advises participation is not medically safe or should be limited.
Upon medical advice, the athlete goes on maternity leave until cleared to return to training.
The athlete 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 physicians.
A female national athlete employed in the public sector is prohibited from receiving double compensation or benefits.

Penalties for Non-Compliance

Any person who fails or refuses to comply with Republic Act No. 11210 is punishable by a fine of not less than PHP 20,000.00 nor more than PHP 200,000.00, and imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years, or both.
If the penalized act or omission is committed by an association, partnership, corporation, or other institution, the managing head, directors, or partners are liable to the penalties.
Failure of an association, partnership, corporation, or private enterprise to comply with Republic Act No. 11210 is a ground for non-renewal of business permits.

Implementation Review, Separability, Repeal, Effectivity

The CSC, DOLE, SSS, and the Gender Ombud of the CHR must conduct a review of maternity leave benefits within one (1) month after publication of these rules, in consultation with trade unions, labor organizations, and employer representatives.
The rules require periodic inclusion of maternity leave benefits in validation reports every four (4) years for SSS and DOLE and every three (3) years for CSC, or more frequently as necessary to meet the needs of pregnant women and newly-born infants and improve welfare.
If any provision of these rules is declared unconstitutional or invalid, the validity of the other provisions remains unaffected.
All orders, rules, regulations, and other issuances or parts inconsistent with these rules are repealed or modified accordingly.
These rules take effect fifteen (15) days after publication in at least two (2) newspapers of general circulation.