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.