The Implementing Rules and Regulations of RA No. 11210 or the 105-Day Expanded Maternity Leave Law has been released. We are sharing with you the salient points of the IRR, for easier reference. Note that this applies to all female workers that shall give birth, whether married or single, working in the private sector or is a government employee.
Who is covered?
The 105-day Expanded Maternity Leave Law (EMLL) shall cover the following:
- Female workers in the Public Sector;
- Female workers in the Private Sector;
- Female workers in the Informal Economy;
- Female members who are voluntary contributors to the Social Security System; and
- Female national athletes.
What benefits are granted?
The following benefits are granted under the 105-day Expanded Maternity Leave Law (EMLL) to the corresponding sectors:
- Paid leave benefit granted to a qualified female worker in the public and private sector, for the duration of:
- 105 days for live childbirth, regardless of the mode of delivery (caesarian or normal).
- If the female worker qualifies as a solo parent under RA 8972 (Solo Parents’ Welfare Act of 2000), she will be granted an additional 15 days paid leave, for a total maternity leave of 120 days.
- 60 days paid leave for miscarriage and emergency termination of pregnancy.
- An option to extend for an additional 30 days without pay in case of live childbirth.
- Paid maternity leave, allowances, and benefits granted to female national athletes.
4. Health care services for prenatal, delivery, postpartum, and pregnancy-related conditions granted to female workers, particularly those who are neither voluntary nor regular members of the SSS.
All covered females regardless of civil status, employment status, and legitimacy of her child shall be granted the above number days of maternity leave with full pay.
Manner of Enjoyment of the Benefit
Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, and such that:
- In cases of live childbirth, 105 days maternity leave with full pay shall be granted; or
- In cases of miscarriage or emergency termination of pregnancy, 60 days of maternity leave shall be granted.
- The female worker entitled to maternity leave benefits may, at her option, allocate up to seven days of said benefits to the child’s father, regardless if they are married or not.
- The female member shall be paid only one maternity benefit, regardless of the number of offspring, per childbirth/delivery.
Notice of Pregnancy and Application for Maternity Leave
- Public Sector Employees
The female worker shall give prior notice to the head of agency of her pregnancy and her availment of maternity leave at least 30 days in advance, whenever possible, specifying the effective date of the leave.
The female worker shall use the prescribed civil service form in the filing of the maternity leave application, supported by a medical certificate.
- Private Sector Employees
The notification process for SSS-covered female workers and/or members and employers shall be governed by the following rules:
- The female member, upon confirmation of pregnancy, shall immediately inform her employer of such fact and the expected date of childbirth;
- The employer shall, in turn, notify the SSS through the prescribed manner;
- The above rules notwithstanding, failure of the pregnant female worker to notify the employer shall not bar her from receiving the maternity benefits, subject to guidelines to be prescribed by the SSS; and
- Self-employed female members, including those in the informal economy, OFWs, and voluntary SSS members may give notice directly to the SSS.
For the complete information on the Expanded Maternity Leave Law, you may download a PDF copy of the IRR from SSS here .
If you have any questions regarding SSS maternity leaves, you may call the SSS’ trunkline at (02) 920-6401 or their call center (02) 920-6446 to 55. You may also send them an email at firstname.lastname@example.org or reach out through their Facebook page at https://www.facebook.com/SSSPh.