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What you need to know about the 105-Day Maternity Leave law

In recognition of every woman’s maternal function and social responsibility, President Duterte signs Republic Act 11210 or the 105-days Expanded Maternity Leave Law. The law aims to provide enough time for mothers to regain overall wellness and fulfill maternal roles before resuming with their paid works.

Who is covered?

The new law shall cover all working females in both the private and the public sectors. Regardless of the legitimacy of the child or the marital status of the parents, the mother shall be given 105 days of maternity leave with full pay. In the case of solo parents who are under the Republic Act 8972 or the Solo Parent’s Welfare Act, the mother shall enjoy an additional 15 days leave with pay.

In case of emergency termination or miscarriage, the female worker will still be entitled to 60 days of maternity leave with full pay.

The female worker in the private sector shall be granted the full benefits of the law provided that:

• She is a member of the Social Security System (SSS)

• She has paid at least three monthly contributions within 12 months preceding the semester of childbirth, miscarriage or emergency termination of pregnancy

• She has notified her employer about the pregnancy and the probable date of childbirth

 

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What are the responsibilities of the employer?

The employer of the female worker, after getting notified, shall transmit the information to the SSS in accordance with rules and regulations provided by the latter.

The employer shall also:

- Pay the full amount to the female worker in advance within 30days from the filing of the maternity leave application

- The SSS shall immediately reimburse the amount to the employer upon receipt of satisfactory and legal proof of payment to the worker

- The employer shall be notified if the worker shall avail of an additional 30 days of maternity leave without pay. Notification shall be done by the worker at least 45 days before the end of the leave

Can I transfer the leave credits to my husband or partner?

Of the 105 days paid maternity leave, the female worker can transfer seven days to the child’s father, whether or not he is married to the child’s mother. The mother can also allocate the paid leave to an alternate caregiver who is a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household.

 

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The maternity leave can be credited as combinations of prenatal and postnatal leave.

Photo credits to Raina Orienza

What if my employer refuses to pay?

If the employer refuses to comply with the provisions of this law, he or she shall pay a fine of at least Php20,000 and no more than Php200,000. The employer shall also be imprisoned for no less than six years.

Can the provisions in the law be modified?

According to Section 14 of the law:

"Nothing in this Act shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws if the same is more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided that this shall be consented to in writing by the female worker and shall primarily uphold her maternal functions and the requirements of postnatal care."

The law removes the 4—pregnancy cap and shall apply to all instances of pregnancy. Female workers who are not regular members of the SSS shall be covered by the Philippine Health Insurance Corporation or the Social Health Insurance Coverage and Benefits for Women About to Give Birth.

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