105-Day Expanded Maternity Leave Law

1. How many days of maternity leave are allowed under the law?
➢ Working mothers can file 105 days of Maternity Leave with full pay

➢ They can also file an additional 30 Days of optional leave without pay

➢ Mothers who suffered from miscarriage can file 60 Days of Maternity Leave with full pay

2. Who will benefit from this law?

➢ All working mothers in:

 the government
 the private sector
 the informal sector, or any SSS member with voluntary contribution
3. What are the additional benefits for solo parents?
➢ Qualified Solo Parents under the law are granted additional 15 Days of paid Maternity Leave,
on top of the 105 Days.

4. Can an unmarried woman apply for a maternity leave?

➢ Yes. Maternity leaves are granted regardless of the mothers’ civil status or their children’s
legitimacy.

5. Can working mothers re-apply for maternity leave if they get pregnant again?
➢ Yes. Working mothers can apply for maternity leave in every instance of pregnancy.

6. Can a working mother apply for maternity leave even after she gets terminated from work?
➢ Yes. A mother can still apply for maternity leave if her childbirth or miscarriage occurs not
more than 15 days after her service is terminated.

7. 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.

8. Can a working mother transfer her maternity leave benefit to her husband or relative?
➢ Yes. A working mother may allocate up to 7 Days of her maternity leave to the child’sfather.

➢ In the absence, death, or incapacity of the father, the 7 Days may be allocated to a
relativeup to the 4th degree or to the mother’s current partner.

9. How much should a working mother receive from her 105-Day maternity leave?
➢ Working mothers who avail of maternity leave must receive their full pay.
10. Who will pay for them?

Public Sector:
➢ Working mothers will be paid by their respective agencies.

Private Sector:
➢ 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.

11. What are the penalties for those who will violate 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.

1. Who can avail of the 105-day Maternity Leave?

All covered female workers in government and the private sector, including the
informal economy, who gave birth after March 8, 2019, are entitle to 105 days
maternity leave, with an option to extend for 30 days unpaid. Solo mothers shall be
given an extra 15 days above the 105 days.

2. How many times can Maternity Leave be availed of?

Under RA 11210, Maternity leave can be availed of at every instance of pregnancy,
miscarriage or emergency termination of pregnancy.

3. How many days leave does a covered female worker get for miscarriage?
For miscarriage, a covered female worker will be entitled to 60 days.

4. How much maternity leave monetary benefit will be a covered female worker
be entitled to?
Female workers in the public sector and the private sector shall now be entitled to full
pay. Employers from the private sector shall be responsible for the payment of the
salary differential between the actual cash benefits received from SSS be the covered
female workers and their average weekly or regular wages. This is subject to the
following exceptions:

a. Those operating distressed establishments;

b. Those retail/service establishments and other enterprises
employing not more than ten (10) workers;
c. Those considered as micro-business enterprises and engaged in
the production, processing, or manufacturing of products or
commodities including agro-processing, trading, and services, whose
 total assets are not more than Three million pesos (P3,000,000 .00);
and
d. Those who are already providing similaror more than the benefits
herein provided.

5. What about the DADDIES?

Any 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. The female worker's leave is then reduced to 98 days.

6. How does this harmonize with current Paternity Leave law?

The current Paternity Leave law 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.

7. What if there is no father?

The law provides that in the death, absence or incapacity of the father, the benefit may
be allocated to an alternate caregiver who may be a relative within the fourth degree
of consanguinity or the current partner of the female worker sharing the same
household upon the election of the mother taking into account the best interests of the
child.

8. What about informal workers?

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)
months period immediately preceding the semester of her childbirth, miscarriage or
emergency termination of the pregnancy.

9. How do we ensure that employers comply with the new law?

Whoever fails or refuses to comply with the provisions of this Act shall be punished by
a fine of not less than Twenty thousand pesos (P20,000.00) nor mor e than Two-
Hundred thousand pesos (P200,000.00), and imprisonment of not less than six (6)
years and one (1) day nor more than twelve (12) years or both. If the act or omission
penalized by this Act shall be committed by an association, partnership, corpo ration or
any other institution, its managing head, directors, or partners shall be liable to the
penalties provided in this Act for the offense. Failure on the part of any association,
partnership, corporation, or private enterprise to comply with the pr ovisions of this Act
shall be a ground for non-renewal of business permits.

As explained during the discussion at The Parenting Emporium with other moms (who
by the way came up with so many questions and raised many scenarios such as
household helpers, contractual employees, etc.), this law is retroactive. Meaning, even
if this is not finalized at this time, once the IRR has come out with the fine prints and
details of this law, carefully considering all possible scenarios, all working moms who
gave birth after March 8, 2019 shall be covered.

So there you have it working moms! This is definitely one great news to all mothers,
working or not, because this is a win for all women in general. As they say real queen
mothers fix another queen's crown. Let's rejoice for every mothers because finally, a
voice for us is being heard!

Recent Developments

A new law was recently enacted to protect and promote the rights and welfare of women in due
consideration of their maternal function. Republic Act No. 11210 (RA 11210), also known as the
105-Day Expanded Maternity Leave Law, grants increased maternity leave benefit to eligible
employees. Subsequently, the Department of Labor and Employment (DOLE), Social Security
System (SSS), and the Civil Service Commission of the Philippines jointly issued the
Implementing Rules and Regulations of RA 11210 (Rules). According to the SSS, the benefits
of RA 11210 are available to eligible female employees in the private sector who give birth or
suffer miscarriage or emergency termination of pregnancy on or after 11 March 2019

What the law says

Under RA 11210, the expanded maternity benefits are as follows:

1. Maternity leave of 105 days with full pay, whether the eligible female employee gives birth
via caesarian section or natural delivery.
2. Maternity leave of 60 days with full pay in cases of miscarriages (i.e., pregnancy loss
before the 20th week of gestation) or emergency termination of pregnancy (i.e., pregnancy
loss on or after the 20th week of gestation and includes stillbirth).
3. Allocation of 7 days of maternity leave credits to the child’s father or an alternate
caregiver.
4. Additional maternity leave of 30 days without pay in case of live childbirth provided a
written notice to the employer is given at least 45 days before the end of her maternity
leave. In case of a medical emergency, prior notice is excepted but subsequent notice is
required.
5. Additional maternity leave of 15 days with full pay in case the eligible female employee is
also a solo parent as defined under Republic Act No. 8972
6. Female workers with pending administrative cases are entitled to the maternity leave
benefits.
7. Post-termination maternity leave entitlement (i.e., in case the qualifying event occurs not
more than 15 calendar days after termination of employment), except in cases of illegal
dismissal.
8. Non-diminution of existing benefits including alternative working arrangements validly
agreed upon and non-discrimination of female workers.
 9. Security of tenure except in instances of transfer or reassignment within the same
enterprise provided there is no reduction in rank, status, salary or otherwise amount to
constructive dismissal.

The expanded maternity benefits apply regardless of female worker’s employment status, civil
status and legitimacy of her child, and frequency of pregnancy

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.

In cases of live births, maternity leaves credits of 7 days may be allocated to the following:

1. child’s father, whether or not married to the female worker; or

2. upon election of the mother taking into account the best interest of the child, an alternate
caregiver in case of death, absence, or incapacity of the child father who can be either
o a) a relative within the fourth degree of consanguinity; or
o b) the current partner, regardless of sexual orientation or gender identity, of the
female worker sharing the same household.

The female worker shall notify her employer of her option to allocate with her application for
maternity leave. Likewise, the child’s father or the alternate caregiver shall notify his/her
employer of the allocated leave and the inclusive dates.

Implications for the employers

Because the maternity benefit is now 105 days with full pay, employers have the statutory
obligation to pay the difference between what the SSS will shoulder as maternity benefit and
the usual salary of the female employees, unless they are exempted because of their business
situations.

Full pay is defined in the Rules as “actual remuneration or earnings paid by an employer to a
worker for services rendered on normal working days and hours not lower than the wage rate
fixed by the Regional Tripartite Wages and Productivity Board including allowances provided
for under existing company policy or collective bargaining agreement, if any”. The Rules
provide that employed female workers shall receive full pay which consists of (i) SSS maternity
benefit computed based on their average daily salary credit, and (ii) salary differential to be
paid by the employer, if any.

The exempt establishments and enterprises are:

1. distressed establishments
 2. retail/service establishments and other enterprises employing not more than 10 workers
3. micro-business enterprises and engaged in the production, processing or manufacturing of
products or commodities including agro-processing, trading and services, whose total
assets are not more that PhP 3,000,000 in accordance with the Barangay Micro Business
Enterprises Act of 2002; and
4. enterprises already providing similar or more than the benefits provided in RA 11210

The exempt establishments and enterprises should annually submit proofs and other necessary
documents for the approval of DOLE.

In this connection, employers who fail or refuse to comply shall be punished by a (1) fine of
PhP 20,000 to PhP 200,000 and (2) imprisonment of 6 years and 1 day to 12 years, or (3) both,
at the discretion of the court. In case the act or omission is committed by a corporation, the
penalty shall be imposed on the its managing head or directors.

Failure of the corporation or enterprise to comply with RA 11210 shall also be a ground for non-
renewal of business permits.

Actions to Consider

Employers should familiarize themselves with the eligibility conditions under the law. The
obligations of an employer arise when a female employee meets all the eligibility and
notification requirements. Employer is also recommended to audit its existing maternity leave
policies. It should verify whether it is an exempt establishment, and if not, align its existing
policies with the new requirements under RA 11210. It may likewise set-up administrative
mechanisms to ensure smooth implementation of its obligations (e.g., documentation for
allocation of maternity leave credits).