Availment of the 105-Day Expanded Maternity Leave
under Republic Act 11210
Frequently Asked Questions
What is the Expanded Maternity Leave under R.A. No. 11210?
The Expanded Maternity Leave under R.A. No. 11210 is an act increasing the maternity leave period to one hundred and five (105) days for female workers with pay and an option to extend for an additional thirty (30) days without pay. This also grants extension of fifteen (15) days for solo mothers, and for other purposes.
The maternity leave period is counted in calendar days, inclusive of Saturdays, Sundays, and holidays. This is in consonance with the rule that maternity leave should be availed of in a continuous and uninterrupted manner.
When did the law take effect and who can benefit from this law?
The law took effect on March 11, 2019. Therefore, female workers (covering those in the public and private sector, informal economy, or any SSS members with voluntary contribution, and female national athletes) who underwent live childbirth, miscarriage, or emergency termination of pregnancy on March 11, 2019 onwards shall be entitled to the maternity leave benefits under R.A. No. 11210.
What are the eligibility and documentary requirements in the availment of the Maternity Leave benefit
For female employee working in the Public Sector
Any pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or Controlled Corporations (GOCCs), State Universities and Colleges (SUCs) or Local Universities and Colleges (LUCs).
The following documents shall be submitted to the agency to enjoy maternity leave:
- Accomplished Application for Leave (Civil Service Form No. 6);
- Medical Certificate issued by a government or private physician, as proof of pregnancy and estimated date of delivery;
- Accomplished Clearance Form (Civil Service Form No. 7)
- Solo Parent I.D., for solo parents who want to avail of the additional maternity leave of 15 days
To qualify for the grant of maternity leave benefit, the female worker must meet the following requirements:
- To be eligible for maternity benefit from the Social Security System (SSS), an employee must have paid at least 3 monthly SSS contributions in the 12 month period immediately preceding the semester of the birth, miscarriage or termination;
- An employee must also notify her employer of the pregnancy and expected date of birth. Notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide. However, failure of the pregnant female workers to notify the employer shall not bar her from receiving the maternity benefits, subject to guidelines prescribed by the SSS.
For Self-employed/Voluntary/OFW SSS members
Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy. Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three (3) monthly contributions in the twelve (12)-month period immediately preceeding the semester of her childbirth, miscarriage, or emergency termination of pregnancy. Self-employed female SSS members, including those in the informal economy, OFWs and voluntary SSS members may give notice directly to the SSS.
Is the maternity leave applicable only to married females?
No. This does not apply to married females only. The maternity leave can be availed of regardless of the civil status of the mother or her child’s legitimacy
Can a female employee re-apply for maternity leave if they get pregnant again?
Yes. They can apply for maternity leave in every instance of pregnancy.
What are the benefits for live childbirth?
For live childbirth, it shall cover 105 days maternity leave with full pay. An additional 15 days will be provided for solo parents as defined in R.A. No. 8972 and also an option to extend for 30 days without pay.
Is this law also beneficial for those who experienced miscarriage or for those who delivered a stillbirth?
Yes. A female employee who experienced miscarriage or those who delivered stillbirth can still avail of maternity leave. She is entitled to 60 days maternity leave with full pay.
Can workers who are in a job order or contact of service positions avail maternity leave under R.A. No. 11210?
Yes. Female contract of service and job order workers in government are classified as female workers in the informal economy. They can claim maternity leave benefits from the SSS if they have remitted to the SSS 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.
Can this maternity leave be reallocated or transferred?
A female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. In the absence of the father, the female employee may still allocate said maternity leaves to an alternate caregiver who is either a relative within the 4th degree of consanguinity or a current partner, regardless of gender, who shares with her the same household.
The RA 8187 or the Paternity Leave Act of 1996 grants 7 days paternity leave to the father of the child, if he is married to the female worker. Thus, a married new father can enjoy as much as 14 days leave (7 days Paternity leave and 7 days under RA 11210). An unmarried new father, on the other hand, may enjoy 7 days allocated leave.
When in case that the female employee dies or has become incapacitated, is it required to return the maternity benefits received?
No. There is no need to return the maternity leave benefits received. Under the law, the balance of the maternity leave benefits of a female employee who died or became permanently incapacitated shall accrue to the child’s father or, in his death, absence, or incapacity, to an alternate caregiver.
When should the female worker return to work after availing the maternity leave?
The female worker shall fully enjoy and exhaust her maternity leave, 105 or 60 days, as the case may be. If she returns to work during the unexpired period of her maternity leave, she shall not be paid for actual services rendered since maternity leave under R.A. No. 11210 shall no longer be commutable or convertible to cash.
Can a female worker avail maternity leave before their actual period of delivery?
Yes. A female employee can avail of maternity leave of not more than forty five (45) days prior to her delivery date for prenatal care purposes. Maternity leave benefits should be availed by the eligible female worker either before or after the actual period of delivery in a continuous and uninterrupted manner. Maternity leave can be used as combinations of prenatal and postnatal leave provided that postnatal care shall not be less than 60 days.
Can the maternity leave still be availed in the preceding pregnancy or in cases of multiple offspring?
Yes. Maternity Leave shall be granted to female workers in any instance of pregnancy or miscarriage, regardless of frequency. This shall likewise apply to overlapping miscarriages. The payment of the SSS maternity in cases of consecutive pregnancies resulting to overlapping maternity leaves and in cases of multiple childbirths shall be governed by the the following rules:
- In case of the overlapping of two (2) maternity benefit claims, the female member shall be granted maternity benefits for the two contingencies in consecutive manner. However, the amount of benefit corresponding to the period where there is an overlap shall be deducted from the current maternity benefit claim; and
- The female SSS member shall be paid only one maternity benefit, regardless of offspring, per childbirth/delivery.
When should the application for the maternity leave be filed?
Application for maternity leave must be filed the soonest time possible, preferably thirty (30) days before the expected delivery date of the female employee. In emergency cases, the application for maternity leave may be filed immediately after the emergency
What if extension of the maternity leave is needed?
Extended maternity leave with pay is allowed, chargeable against the female employee’s sick leave credits, and vacation leave credits in case her sick leave credits have been exhausted.
Application for extended maternity leave must be filed with the agency at least forty-five (45) days before the end of the 105 days maternity leave. In case of a medical emergency, subsequent notice shall be submitted.
Are the maternity leave benefits in the public sector taxable?
Yes. The maternity leave benefit in the public sector is taxable, being a paid leave in government service.
Can female government employees claim maternity leave benefits from other institutions like the Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth)?
Yes, female government employees can claim maternity leave benefits from the SSS and PhilHealth if they are members who meet the contribution requirements of these institutions.
The SSS grants maternity leave benefits for self-employed/voluntary members who have remitted 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.
The PhilHealth grants benefits like Maternity Care Package (MCP) for members who have paid at least nine (9) months of premium contributions within the twelve (12) months prior to the first day of availment/ confinement (including confinement month). The other conditions for the grant of the PhilHealth benefits are as follows:
• The maximum number of days of confinement (45 days for the member or a total of 45 days shared among all qualified dependents) per year has not yet been consumed; and
• Procedure/operation must be done in a PhilHealth-accredited hospital/facility and attended by a PhilHealth-accredited doctor or must be admitted for at least 24 hours in a PhilHealth-accredited hospital/ facility and attended by a PhilHealth-accredited doctor.
Who will pay for the working mother?
In the Public Sector:
Working mothers will be paid by their respective agencies.
In the Private Sector:
The SSS will cover the payment, the amount of which will depend on the monthly salary credit of the female member. In cases where the salaries of mothers are higher than the actual cash benefits they will receive from SSS, the employers are required to pay them a salary differential for the entire duration of their maternity leave.
Is the salary differential to be paid by employers in the private sector taxable?
No. The salary differential to be paid by employers in the private sector is considered as a benefit exempt from the Income and Withholding Taxes.
Can a working mother apply for maternity leave even after she gets terminated from work?
Yes. A mother can still apply for maternity eave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated.
Will female athletes also benefit from this law?
Yes. Female athletes are also entitled to the maternity leave benefits. They will also continue to receive allowances and benefits that were granted to them before their pregnancy.
What are the penalties for the violation of this law?
Employers or agencies who violate this law will be fined from P20,000.00 to P200,000.00; or will be imprisoned for at least 6 years and 1 day or not more than 12 years. Moreover, their business permits shall no longer be renewed.
Civil Service Commission. (2019). Guidelines on Republic Act No. 11210. Retrieved here on July 22, 2020.
Department of Labor and Employment. (2019). Implementing Rules and Regulations of Republic Act No. 11210 (An Act of Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with An Option to Extend for An Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes). Retrieved here on July 22, 2020.
Bureau of Internal Revenue. (2019). Revenue Memorandum Circular No. 105-2019: Clarifies the Proper Tax Treatment of Maternity Leave Benefits Under Republic Act No. 11210 Otherwise Known as the “105-Day Expanded Maternity Leave Law. Retrieved here on July 22, 2020.
Official Gazette. (2019). Republic Act No. 11210: An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes. Retrieved here on July 22, 2020.
Philippine Health Insurance Corporation (2015). PhilHealth Circular 22-2014: Social Health Insurance Coverage and Benefit for Women About to Give Birth Taken from PhilHealth. Retrieved here on July 22, 2020.
Philippine Health Insurance Corporation (2014). Tamang Sagot PhilHealth Circular 22-2014 Social Health Insurance Coverage and Benefit for Women About to Give Birth. Retrieved here on July 22, 2020
Social Security System (2019). Benepisyo sa Panganganak Brochure. Retrieved here on July 22, 2020.