In many surveys and studies conducted in recent past, it has been noted that one of the factors that hinder exclusive breastfeeding in the first 6 months is the need for mothers to return to work after a 60-day maternity leave. Recognizing this difficulty for women in the workforce, the Philippine Government, in 2019, went to great lengths in crafting the Republic Act 11210 or the “105-Day Expanded Maternity Leave Law” which extends the paid maternity leave to 105 days or up to 3 months. This gives mothers more time for recovery and more opportunity for exclusive breastfeeding. Here are 5 things you need to know to avail your maternity leave benefits:
1. Who is entitled to receive Maternity Leave benefits?
● Female workers in public and private sectors regardless of civil status (Single or Married).
● Self-employed/Voluntary/OFW SSS members.
● Terminated employees who had childbirth or miscarriage for not more than 15 days after her service is terminated.
● Solo parents.
● Female athletes.
● Women who had emergency termination of pregnancy or miscarriage.
2. What are the requirements?
● Employees or self-employed women should have paid at least 3 months of SSS contributions for the last 12 months before their delivery or emergency termination of pregnancy or miscarriage.
● Female employees who are non-SSS members will be covered through PhilHealth Circular No. 022-2014 or the "Social Health Insurance Coverage and Benefits for Women About to Give Birth".
● Ask for other requirements or forms needed by your employer or company.
3. When can you start availing for Maternity Leave?
● The earliest time is 45 days before the expected date of delivery.
● The latest time is 60 days after delivery.
4. What are the benefits?
● All qualified women can avail of the maternity leave at every pregnancy as compared to the former maximum of 4 pregnancies.
● All qualified women are entitled to 105 days of paid maternity leave with 100 percent of average daily salary credit regardless of delivery type (normal delivery or cesarean delivery)
● All qualified women have an option to extend to an unpaid maternity leave of 30 days after their paid maternity leave.
● Women who are solo parents who qualify under RA 8972 or the Solo Parents’ Welfare Act of 2000 are entitled to an additional 15 days of paid maternity leave. So, in total: 105 days + 15 days = 125 days of paid maternity leave.
● Women who had miscarriage or emergency termination of pregnancy are entitled to 60 days of paid maternity leave.
● The mother has an option to allocate 7 days of her maternity leave to her partner, spouse or alternate caregiver up to 4th level of consanguinity. If they are married, the father can also avail of the 7-day paternity leave under RA 8187 or the Paternity Leave Act of 1996. In total: 7 days allocated from maternity leave + 7 days from paternity leave = 14 days of paid leave for fathers.
5. What is the penalty for employers who will not comply?
● A fine of Php 20,000 - Php 200,000 or imprisonment for at least 6 years and 1 day or not more than 12 years.
● Non-renewal of employer’s business permit.
/AET
References:
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (2020). Philippines Extends Maternity Leave From 60 Days to 105 Days. JDSUPRA. Retrieved from https://www.jdsupra.com/legalnews/philippines-extends-maternity-leave-10489/
Republic of the Philippines: Congress of the Philippines (2019). RA 11210. 105-Day Expanded Maternity Leave Law. The LawPhil Project: Philippine Laws and Jurisprudence Databank. Retrieved from https://lawphil.net/statutes/repacts/ra2019/ra_11210_2019.html
Republic of the Philippines: Philippine Commission on Women (n.d.) Availment of the 105-Day Expanded Maternity Leave under Republic Act 11210: Frequently Asked Questions. GOVPH. Retrieved from https://pcw.gov.ph/availment-of-the-105-day-expanded-maternity-leave-under-republic-act-11210-faqs/
Republic of the Philippines: Philippine Commission on Women (n.d.) Republic Act 8972: Solo Parents’ Welfare Act of 2000. GOVPH. Retrieved from https://pcw.gov.ph/republic-act-8972-solo-parents-welfare-act-of-2000/
Republic of the Philippines: Philippine Commission on Women (n.d.) Republic Act 8187: Paternity Leave Act of 1996. GOVPH. Retrieved from https://pcw.gov.ph/republic-act-8187-paternity-leave-act-of-1996/
