105-DAY EXPANDED MATERNITY LEAVE LAW

Republic Act No. 11210 (“RA 11210”), also known as the “105-Day Expanded Maternity Leave Law,” lengthened and broadened the coverage of the Maternity Leave Benefits provided for in the Social Security Act.

 

The Social Security Act:

• Provided maternity leave durations of 60 days for a natural childbirth delivery or miscarriage, or 78 days for a caesarian delivery

• Applied only to the first 4 deliveries or miscarriages

• Provided for the payment of 100% of the female member’s* average daily salary credit.**

 

*Member - A female worker covered under the provisions of the Social Security Act

**Average Daily Salary Credit - The result obtained by dividing the sum of the 6 highest monthly salary credits*** in the 12-month period immediately preceding the semester of contingency**** - by 180.

***Monthly Salary Credit - It is the compensation base for contributions and benefits indicated in the Social Security Act. The maximum monthly salary credit to be considered shall be PhP 20,000.00. This is based on a Contribution Table that the Social Security System (SSS) maintains and regularly updates.

****Contingency - The maternity of the female member

​

With RA 11210, the female member’s maternity leave benefits are now expanded as such:

​

COVERED PREGNANCIES / DELIVERIES

Every instance of pregnancy or miscarriage or emergency termination of pregnancy – regardless of frequency

​

DURATION

• For successful deliveries (natural or caesarian) - 105 days

• For a qualified solo parent under RA 8972 (or the “Solo Parents’ Welfare Act”) - additional 15 days (on top of the 105 days)

• The 105 days is extendible for another 30 days, which will be without pay

• For miscarriages or emergency terminations of pregnancy - 60 days

These periods shall be availed of before or after actual delivery in a continuous and uninterrupted manner. Also, the compulsory postnatal leave shall not be less than 60 days.

 

ALLOCATION OF MATERNITY LEAVE CREDITS

From the number of days of her maternity leave, the female member may allocate up to 7 days to child’s father (whether or not married to the female member). This allocated leave credits is different from, and shall be in addition to the leave credits or benefits that the child’s father is entitled to under RA 8187, or the the Paternity Leave Act.

 

In case of death, absence or incapacity of the father – the female member can allocate the benefit to an alternate caregiver, who may be, at her option –

1. Her relative within 4th degree of consanguinity

2. Her current partner who must be sharing the same household with her

 

Of course, the female member shall provide written notice to her employer and the employer of the alternate caregiver of such allocation of benefit.

 

In case of death or permanent incapacity of the female member, the balance of her maternity leave benefits shall accrue to the father of the child, or to a qualified caregiver.

 

PAYMENT

The female member shall receive full pay for her maternity leave.

The “full pay” shall comprise of

1. Actual SSS daily maternity cash benefit received by the female member; PLUS

2. The difference between this SSS daily maternity cash benefit received by the female member and her average weekly or regular wage

-for the entire duration of the maternity leave

 

AFTER TERMINATION OF SERVICE

If the childbirth, miscarriage or emergency termination of pregnancy occurs not more than 15 calendar days after the termination of the female member’s employment, her maternity leave with full pay shall still be granted.

If the female member’s termination is determined to be without just cause, the employer shall pay the female member her maternity leave benefits even if the childbirth, miscarriage or emergency termination of pregnancy occurs beyond 15 calendar days after the termination of the female member’s employment, as if her employment had not been illegally terminated.