Photo from Unsplash | Amr Taha™
AT A GLANCE
- All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child.
- 105 days maternity leave with full pay is granted to all covered female workers in cases of livebirth.
- In case of miscarriage or emergency termination, the maternity leave shall be for 60 days with full pay.
The sanctity of family life shall protect and strengthen the family as the basic autonomous social institution and it shall equally protect the life of the mother and the life of the unborn from conception. (Section 12, Article II, 1987 Constitution of the Philippines)
To achieve this, and in recognition of women’s maternal functions as a social responsibility, a mechanism is institutionalized to expand the maternity leave period of women workers. The importance of this is to provide them ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming paid work. (Section 2, Republic Act No. 11210)
Who are entitled to Maternity Leave Benefits?
The law says:
All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child. (Section 3, R.A. No. 11210)
What are the qualifications for a female worker in a public sector to be entitled to Maternity Leave Benefit?
The law says:
Any pregnant female worker in the government service, regardless of employment status, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted a maternity leave of one hundred five (105) days with full pay regardless if the delivery was normal or caesarian: Provided, That, in case the employee qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, the employee shall be paid an additional maternity benefit of fifteen (15) days. An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, further, That, the head of the agency shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, finally, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.
Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or emergency termination of pregnancy. (Section 4, R.A. No. 11210)
What are the qualifications for a female worker in the private sector to be entitled to Maternity Leave Benefit?
The law says:
(a) A female Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit which shall be computed based on her average monthly salary credit for one hundred five (105) days, regardless of whether she gave birth via caesarian section or natural delivery. xxx
(b) An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, That the employer shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.
(c) Workers availing of the maternity leave period and benefits must receive their full pay. xxx (Section 5, R.A. No. 11210)
What is the benefit granted to all covered female workers?
The law says:
All covered female workers … shall be granted one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay: Provided, That in case the worker qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, the worker shall be granted an additional fifteen (15) days maternity leave with full pay.
Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding one hundred five (105) days, as the case may be.
Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted. (Section 3, R.A. No. 11210)
In summary:
105 days maternity leave with full pay is granted to all covered female workers in cases of livebirth. In case the female employee qualified as a solo parent under Republic Act No. 8972 or the Solo Parents’ Welfare Act, she shall be granted an additional 15 days maternity leave with full pay. An additional maternity leave of 30 days without pay shall be granted to the employee upon her due notice to her employer.
On the other hand, in case of miscarriage or emergency termination, the maternity leave shall be for 60 days with full pay.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.