her employment. Such period is not applicable when the maternity benefits. Any difference between 3.

ence between 3. Accomplished Clearance Form (Civil Service Form preceding the semester of her childbirth, miscarriage, or
Republic Act 11210 Is the maternity leave applicable only to married
women? employment of the pregnant worker has been terminated the worker’s actual salary and the applicable No. 7); and emergency termination of pregnancy. - (Sec. 1, Rule VII, RA
105-Day Expanded Maternity Leave Law without cause. SSS maternity benefits shall be borne by the 4. Solo Parent ID, for solo parents who want to avail of 11210 IRR)
No, maternity leave can be availed of regardless of the civil employer. However, the Implementing Rules the additional maternity leave of 15 days.
status of the woman who gave birth or suffered miscarriage or Guide for private sector workers, workers in the and Regulations (IRR) of the EML provides What is allocation of maternity leave credits?
What is the Expanded Maternity Leave under emergency termination of pregnancy. informal economy, and voluntary contributors to the certain exemptions from payment of salary Extended maternity leave
RA 11210? SSS differential. In case of livebirth, a female public sector worker may also avail In case of livebirth, a female worker may allocate or transfer
What if a woman has consecutive pregnancies or of the additional 30 days of maternity leave without pay, or up to seven days of her paid maternity leave to the child’s
The 105-Day Expanded Maternity Leave Law Eligibility The SSS shall directly pay the maternity use her earned sick leave credits for extended leave with pay. father. This option is not applicable in cases of miscarriage
multiple childbirth?
(RA 11210 or EML) provides the updated policy To qualify for the grant of maternity leave benefits, a benefits of female members who are Vacation leave credits may also be used if sick leave credits or emergency termination of pregnancy, including still birth.
on maternity leave that cover females who are female member must have paid at least three monthly SSS self-employed, including those in the are not sufficient. The extended maternity leave without pay
A woman may apply for maternity leave in every instance of
workers in the private and public sectors, workers contributions in the 12-month period immediately preceding informal economy, OFWs, and voluntary shall not be considered as a gap in the service. In the absence of the father, the female employee may still
pregnancy, regardless of frequency.
in the informal economy, voluntary contributors the semester of the birth, miscarriage, or emergency contributors. allocate said maternity leave to an alternate caregiver who
to the Social Security System (SSS), and termination of pregnancy. - (Sec. 1, Rule VI, RA 11210 IRR) Manner of payment and taxability is either a relative within the 4th degree of consanguinity or
In case of overlapping maternity benefit claims (e.g. one
national athletes. It likewise grants a woman Bureau of Internal Revenue Memorandum A female public sector worker is entitled to full pay from her a current partner, regardless of sexual orientation or gender
miscarriage or emergency termination of pregnancy after
the option to allocate up to seven days of Notice requirement Circular 105-2019 issued on October 9, 2019 clarified that the agency during her maternity leave. It may be received through identity, who shares with her the same household.
another, or a live child birth followed by miscarriage), she shall
paid maternity leave to her child’s father or The employee should notify her employer of the pregnancy and salary differential provided by the employer under RA 11210 is a a lump-sum payment or regular salary payment through the
be granted maternity leave benefits for the two contingencies
an alternate care giver. the expected date of delivery, who in turn shall transmit it to the benefit exempt from income and withholding taxes agency payroll. Since the maternity leave in the public sector Written notice to both the mother and the father or alternate
in a consecutive manner. For SSS members, the amount of
benefit corresponding to the period where there is an overlap SSS. The female worker shall still receive her maternity benefits is considered as paid leave of absence, it is subject to tax. caregiver’s employers shall be submitted to avail of the
When did the law take effect and who can benefit even if she failed to notify her employer of her pregnancy, but Guide for public sector workers benefits. - (Sec. 1, Rule VIII, RA 11210 IRR)
from this law? shall be deducted from the current maternity benefit claim.
it shall be subject to the guidelines prescribed by the SSS. Maternity leave in the teaching profession
For multiple childbirth (e.g. twins), a woman shall be granted Eligibility The IRR of RA 11210 states that female teachers in the teaching Is the allocated leave the same as the paternity leave
The law took effect on March 11, 2019. Therefore, those who
only one maternity benefit, regardless of the number of Self-employed, voluntary, and overseas Filipino A pregnant female worker in the government service, regardless profession may avail of the maternity leave even during long benefit?
gave birth or had miscarriage or emergency termination of
offspring/children per delivery. - (Sec. 6, Rule V, RA 11210 IRR) workers (OFWs) who are members of the SSS may of employment status and length of service, in National vacations. In such cases, they shall be granted both the
pregnancy on March 11, 2019 onwards are already covered
give notice directly to the SSS. Government Agencies, Local Government Units, Government- maternity leave benefits and the proportional vacation pay. - No, the allocated maternity leave to the child’s father is
by RA 11210.
Does counting of maternity leave period include - (Sec. 2, Rule VI, RA 11210 IRR) Owned or Controlled Corporations, State Universities and (Sec. 3, Rule V, RA 11210 IRR) different and is over and above that which is provided under
Saturdays, Sundays and Holidays? Colleges, or Local Universities and Colleges may avail of the the Paternity Leave Act of 1996 (RA 8187). This means that
What are the changes in the maternity leave period?
Extended maternity leave maternity leave benefits under RA 11210. - (Sec. 1, Rule V, RA a father may now enjoy as much as 14 days of paid leave to
Yes, maternity leave should be availed of in a continuous In case of livebirth, a female worker in 11210 IRR) Can pregnant women who are on job take care of his child, depending on his marital status with the
The EML increased the paid maternity leave period to
and uninterrupted manner, thus, inclusive of Saturdays, the private sector has the option to avail order or contact of service positions in mother.
105 days in case of livebirth, with an option to extend
Sundays, and Holidays. Maternity Leave is counted in of an additional maternity leave of 30 days without Notice and other requirements the public sector avail of the maternity
it for 30 more days, but without pay. The law also
calendar days - (Sec. 2, Rule V, RA 11210 IRR) pay. She should submit a written notice to her employer that Whenever possible, the pregnant worker should notify the head leave under R.A. No. 11210? Under RA 11210, maternity leave credits maybe
grants additional 15 days of paid maternity leave
she is availing of such, at least 45 days before the end of her of agency of her pregnancy and the date of her maternity leave allocated to the child’s father whether or not he
for those who qualify as solo parents under RA
Can a female employee who was terminated or paid maternity leave. In case of a medical emergency, prior at least 30 days in advance. Female “contract of service” and “job is married to the female worker. On the other
8972. These shall apply regardless of the mode
who resigned from employment avail of maternity notice shall not be necessary, but she should subsequently The following documents shall be submitted to the agency to be order” workers in government offices hand, paternity leave under RA 8187 may
of delivery.
leave? notify her employer of such. entitled to the maternity leave benefits: are classified as female workers in the only be availed if the father is married to
1. Accomplished Application for Leave (Civil Service informal economy. They may claim his child’s mother.
In cases of miscarriage or emergency
Yes, a female employee can avail of maternity Manner of payment and taxability Form No. 6); maternity leave benefits from the SSS
termination of pregnancy, which includes still
leave if live childbirth, miscarriage, or emergency Full payment of maternity leave benefits to qualified female 2. Medical Certificate issued by a government or private if they have remitted to the SSS at least
birth, the paid maternity leave shall be 60 days.
termination of pregnancy occurs not more than workers shall be advanced by the employer. The SSS shall physician, as proof of pregnancy and estimated date three (3) monthly contributions in the
fifteen 15 calendar days after the termination of immediately reimburse the employer of the applicable SSS of delivery; twelve (12)-month period immediately
Maternity Leave Credits to a leave without pay for a period equivalent to the unused However, female national athletes who are employed in What are the penalties for the violation of the EML? For more information please contact:
maternity leave of the female worker. Such leave without pay the public sector shall not receive double compensation or
The maternity leave credits can be credited as combination of shall not be considered as a gap in the service, both for the benefits. (Sec. 1, Rule IX, RA 11210 IRR) Employers or agencies that violate Government Sector
pre-natal and post-natal leave as long as it does not exceed 105 private and public sectors. RA 11210 shall be fined from
days and provided that the compulsary post-natal leave shall not - Sec. 4, Rule VIII, RA 11210 IRR P20,000.00 to P200,000.00; or shall Civil Service Commission - Central office
be less than 60 days. - (Sec. 2, Rule IV, RA 11210 IRR) Are there other maternity benefits aside from those be imprisoned for at least 6 years Human Resource Policies and Standards Office
Will a female worker be paid for services rendered provided by the SSS and employers? and 1 day or not more than 12 years. Phone: (02) 8951-4629 | Email: [email protected]
if she returns to work prior to exhaustion of her Moreover, their business permits
maternity leave? Yes, the EML mandates that female workers who are neither shall no longer be renewed. - (Sec. 1, Private Sector
voluntary nor regular members of the SSS shall be governed Rule X, RA 11210 IRR)
If a woman undergoes surgical No, since maternity leave under RA 11210 is no longer by the Philippine Health Insurance Department of Labor and Employment
procedure due to miscarriage convertible to cash. This is consistent with the intent of the Corporation (PhilHealth) Circular References: Bureau of Workers with Special Concerns (BWSC)
or emergency termination of law to provide women with ample transition time to regain No. 022-2014 or the “Social Health Women Workers Development Division
• Civil Service Commission. (2019). Guidelines on Republic Act No. 11210.
pregnancy, can she also avail of her health and overall wellness as well as to assume maternal Insurance Coverage and Benefits for Retrieved here on July 22, 2020 Hotline: (02) 8404-3336 and 8527-2558
the Special Leave Benefits for roles before resuming paid work. Thus, female workers are Women About to Give Birth”. • Department of Labor and Employment. (2019). Implementing Rules and Email: [email protected] / [email protected]
Women under the Magna Carta encouraged to fully exhaust her maternity leave before Meanwhile, PhilHealth members Regulations of Republic Act No. 11210 (An Act of Increasing the Maternity
DOLE 24/7 Hotline: 1349
of Women (MCW SLB)? returning to work. may also avail of benefits like
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 Website: https://query.dole.gov.ph/queires/submit
Maternity Care Package (MCP) if they Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other
Purposes). Retrieved here on July 22, 2020.
What are the maternity benefits for female national have paid at least nine (9) months Social Security System (SSS)
The MCW SLB refers to a female employee’s leave entitlement of athletes? of premium contributions within • Bureau of Internal Revenue. (2019). Revenue Memorandum Circular No.
105-2019: Clarifies the Proper Tax Treatment of Maternity Leave Benefits Hotline: 1455 | Toll-Free No.: 1-800-10-2255777
up to two (2) months with full pay based on her gross monthly the twelve (12) months prior Under Republic Act No. 11210 Otherwise Known as the “105-Day Expanded Email: [email protected]
compensation following surgery caused by gynecological Female athletes in the roster of national athletes of the National to the first day of availment/ Maternity Leave Law. Retrieved here on July 22, 2020.
Website: https://www.sss.gov.ph/
disorders or diseases. If the reason for surgery is pregnancy- Sports Association who becomes confinement (including the • Official Gazette. (2019). Republic Act No. 11210: An Act Increasing the
Membership Portal: https://member.sss.gov.ph/members/
related as mentioned above, she is entitled to maternity leave pregnant shall have these benefits: confinement month). 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
benefit, but not the MCW SLB. • referral to a physician of the other conditions for the grant Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other
Purposes. Retrieved here on July 22, 2020. (Maternity Package)
Philippine Sports Commission of the PhilHealth benefits are as Philippine Health Insurance Corporation (PhilHealth)
Visit https://pcw.gov.ph/availment-of-special-leave-benefit-faqs/ or an obstetrician- follows:
• Philippine Health Insurance Corporation (2015). PhilHealth Circular 22-2014:
Social Health Insurance Coverage and Benefit for Women About to Give Birth Call Center Hotline 8441-7442
further information on the MCW SLB. gynecologist to determine her Taken from PhilHealth. Retrieved here on July 22, 2020.
(Office hours, weekdays only)
fitness to continue training; • The maximum number of days of confinement (45 • Philippine Health Insurance Corporation (2014). Tamang Sagot PhilHealth
Callback Channel: 0921-630-0009
Circular 22-2014 Social Health Insurance Coverage and Benefit for Women
• allowed to participate in all days for the member or a total of 45 days shared About to Give Birth. Retrieved here on July 22, 2020 Email: [email protected]
What if the female worker dies or becomes permanently team-related activities, unless among all qualified dependents) per year has not yet
incapacitated during the maternity leave period? the physician advises that been consumed; and
participation is not medically • Procedure/operation must be done in a PhilHealth- For more information, please contact the: © 2022:
When such incident happens, the balance of her maternity leave safe or should be limited; accredited hospital/facility and attended by a
benefits, if any, shall accrue to the child’s father or the qualified Philipine Commission on Women
• upon medical advice, go on PhilHealth-accredited doctor or must be admitted for
alternate caregiver, provided that it is not yet paid in cash and
REPUBLIC ACT 11210
1145 Jose P. Laurel Street, Malacañan Palace Complex
maternity leave until cleared to return to training; and at least 24 hours in a PhilHealth-accredited hospital/
that a certified true copy of the death certificate or medical • continue receiving their allowance and benefits while facility and attended by a PhilHealth-accredited
San Miguel, Manila 1005, Philippines
certificate/abstract is provided to the employers. on maternity leave prior to child birth and up to six doctor.
105-Day Expanded Maternity Leave Law
(+632) 8735-1654
In case the maternity leave benefit is already paid in full prior months after, unless advised by their physician that [email protected]
to the incident, there is no need to return such. Instead, the they can resume training sooner. https://www.pcw.gov.ph
child’s father or the qualified alternate caregiver shall be entitled
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