MATERNITY LEAVE BENEFITS GRANTED UNDER THE EXPANDED MATERNITY LAW AND ITS IRR

Maternity leave is one of the benefits granted to qualified female employees in both public and private sectors.

R.A. 11210 expanded the benefit by generally increasing it to 105 days subject to additional days under certain situations. Recently, the Implementing Rules and Regulations has been issued by the Department of Labor and Employment.

Under Section 2 of the IRR, the following benefits are granted under the 105-day Expanded Maternity Law (EMLL) in the private sector: View the PDF Version of the IRR

1. One hundred five (105) days for the live childbirth, regardless of the mode of delivery, and additional fifteen (15) days paid leave if the female worker qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act of 2000,” or
2. Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy.

Employed female workers shall receive full pay which consists of:

1. SSS maternity benefit computed based on their average daily salary credit and
2. Salary differential to be paid by the employer, if any.

There is also an option to extend the leave for additional thirty (30) days without pay in case of live birth.

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Based on the above, the previous distinction between normal delivery and caesarian delivery has been removed since the law now grants the benefits “regardless of the mode of delivery.”

The number of days of benefits from the context of the delivery:

1. 105 days for live birth
2. 60 days in case of miscarriage and emergency termination of pregnancy

Emergency termination of pregnancy refers to pregnancy loss on or after the 20^th week of gestation, including stillbirth. The benefit applies to employees in the private sector whose employment may be regular, probationary, casual, project or seasonal.

All covered female employees regardless of civil status, employment status, and the legitimacy of her child, shall be granted the said benefits with full pay, and an additional 15 days in case she qualifies as a solo parent under the law.

The maternity leave cannot be deferred. It should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner. In all of the said instances, the maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed the 105 days or 60 days, as the case may be. In no case however, shall postnatal care be less than 60 days.

For child birth, the benefit may be extended by another 30 days, without pay provided that the employer is given due notice. Said notice must be in writing and must be given at least 45 days before the end of the female worker’s maternity leave. But in the event of medical emergency, no prior notice is required. However subsequent notice should be given. The 30-day extended maternity shall not be considered as gap in the service.

To qualify for the grant of maternity leave benefit, the female worker must meet the following requirements:

1. She must have at least three (3) monthly contributions in the twelfth-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.

In determining the female member’s entitlement to the benefit, the SSS shall consider only those contributions paid prior to the semester of contingency; and

2. She shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide.

For instance, in May 2019, X expects childbirth and previously notified her employer of the intention to avail of maternity leave benefit. In 2018, the 12-month period immediately preceding the semester of childbirth, she must have at least three (3) months contribution.

In the event of consecutive pregnancies and multiple childbirths, the female member shall be paid only one maternity benefit, regardless of the number of offspring, per childbirth/delivery.

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