Bringing a new life into the world is a beautiful yet challenging journey. Pregnancy happens when a fetus develops inside a woman’s womb or uterus. It usually lasts about 40 weeks or nine months. Republic Act No. 11210, also known as 105-Day Expanded Maternity Leave Law, allows female employees to recover from their pregnancy, bond with their newborn child, take time off after miscarriage, and improve postpartum mental health.
Maternity leave is not just an employment benefit, but a right that safeguards both the well-being of a mother and her child. Whether you are a soon-to-be mom or simply curious about the maternity leave policies in the Philippines, this guide will walk you through everything you need to know.
What is a Maternity Leave?
Maternity leave is granted to female workers in public and private sectors during their pregnancy, miscarriage, or emergency termination of pregnancy. Workers in the informal economy, Social Security System (SSS) voluntary contributors, and national athletes are also eligible to take this leave.
How Long is Maternity Leave?
According to Section 3 of Republic Act No. 11210, women employees are entitled to one hundred five (105) days of paid maternity leave and can be extended for an additional thirty (30) days, but without pay. If qualified as a solo parent, she is entitled for an additional fifteen (15) days maternity leave with full pay, pursuant to Republic Act No. 8972. For cases of miscarriage and emergency termination of pregnancy, sixty (60) days paid leave is granted.
Note that weekends and holidays are counted for maternity leave. You can also allocate seven (7) days of leave credits to your child’s father (married or not), or to an alternate caregiver (a relative within the fourth degree of consanguinity or the current partner).
When to File a Maternity Leave?
Female employees are eligible to file and begin their maternity leave up to forty-five (45) days before the expected date of contingency and the post-delivery leave period must be at least sixty (60) days. If you are planning to take an additional thirty (30) days unpaid leave, you must provide a written notice to your employer forty-five (45) days before the end of your initial maternity leave period.
What are the Requirements for Maternity Leave?
To be eligible for maternity leave benefit, you must have and provide copies of the following:
- Maternity Leave Notice
- Maternity Notification Form
- Maternity Reimbursement Application Form
- Required documents
How to File for Maternity Leave Benefit?
To file a request for maternity leave, you must inform your employer about your pregnancy and you expected delivery date sixty (60) days in advance. You have to fill out the Maternity Notification Form and provide a copy to your employer. The employer should in turn, notify the Security Social System (SSS).
After giving birth, you are required to submit the Maternity Reimbursement Application Form (SSS Form MAT-2) and the necessary documents such as medical records, child’s birth certificate, etc.
What is SSS Maternity Benefit?
Maternity benefit is a daily cash allowance given to female members of the Social Security System (SSS) who can’t perform their work due to childbirth, miscarriage, or emergency termination of pregnancy, regardless of their civil status, employment status, legitimacy of child, and frequency of pregnancy.
How to Qualify for SSS Maternity Benefits?
To qualify for Social Security System (SSS) maternity benefit, you must have paid at least three (3) monthly contributions in the 12-month period immediately preceding the semester of contingency. You must also have informed your employer who will in turn notify the SS of your pregnancy and expected delivery date.
How to Compute SSS Maternity Benefit?
To compute your maternity benefit, use this formula:
(Sum of top 6 highest Monthly Salary Credit (MSC) ÷ 180) x 105 or 60 days = SSS maternity benefit
How to Compute a Salary Differential?
Compute the amount of full pay, using this formula:
(Monthly Salary x Maternity Period in Months)
Deduct from the amount of full pay the employee’s premium contributions share for SSS, Philhealth, and Pagibig covering the maternity period, and the amount of SSS maternity benefit.
Can a Terminated or Resigned Employee Take Maternity Leave?
Yes, you can take maternity leave if pregnancy, miscarriage, or emergency of termination of pregnancy happens not more than fifteen (15) calendar days after the termination of your employment or resignation.
What Happens If Your Employer Refuses to Allow You to Take Maternity Leave?
Under Section 18 of Republic Act No. 11210, if an employer fails or refuses to allow you to take a maternity leave, they must be punished with a fine of Php 20,000.00 to Php 200,000.00, and imprisonment of six (6) years to twelve (12) years. Managing heads, directors, and partners must also be held liable to the aforementioned penalties. Additionally, business permit renewal should not be granted to associations, partnerships, corporations, or any other institutions.
Therefore, if you get fired or terminated for taking maternity leave, you may file a complaint against your employer with the Department of Labor and Employment (DOLE) for illegal termination.
What are the Employee's Rights Toward Maternity Leave?
Women employees shouldn’t be worried about getting pregnant as there are numerous laws that protect them from discrimination, illegal termination, and such. In this regard, some are their rights towards pregnancy or taking maternity leave:
Protection Against Discrimination
The Magna Carta Law for Women safeguards the rights of women and seeks to eliminate discrimination based on gender. This protection extends to the workplace, where employers can’t refuse to hire or promote an employee due to pregnancy. Pregnancy discrimination is a violation of the Magna Carta Law and can result in legal action against the employer.
Job Security
Upon returning from maternity leave, an employee’s job position must not be taken or replaced by a new employee or their colleague. The employer is obligated to hold the position for the employee while they are on leave, and they must be reinstated to the same or a comparable position upon their return. This ensures that women employees do not lose their jobs or opportunities for advancement due to taking maternity leave.
Protection from Illegal Termination
Maternity leave is one of the employment leaves under Philippine law, same as service incentive leaves. Therefore, employers can’t fire, lay off, or dismiss an employee for taking maternity leave. Doing so is considered illegal termination and can result in legal action against the employer. Women employees are entitled to take their full maternity leave without worrying of losing their jobs.
Need further information and assistance regarding Maternity Leave? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
