The 105-Day Expanded Maternity Leave Law has been signed by President Duterte on February 20, 2019!
105 days na ang SSS maternity leave!
Increase in Number of Days
- 105 days of paid leave for a married woman who gives birth
- 120 days of paid leave for a single or unmarried woman who gives birth
- 60 days of paid leave for a married or single woman who undergoes miscarriage or emergency termination of pregnancy
- Additional 30 days of unpaid leave is offered as an option if you like to extend your maternity leave
- Up to 7 days of paid leave (taken from your 105 or 120 days) can be allocated to the father of your child, whether you’re married to him or not, so he can help you care for your baby.
In case the father is not available, a relative within the 4th degree of consanguinity or the current partner sharing the same household with the mother can be chosen as alternate caregiver.
The same number of days for Normal Delivery and Cesarean Section
105 days for a married mother, 120 days for a single mother, whether normal or CS delivery
No More Limits
. You can enjoy this leave for all your pregnancies.
. Hindi na lang for 4 pregnancies na kagaya ng dati.
No Discrimination as to Civil Status
Whether you’re married or unmarried to the father of your child, you can avail of the leave benefit.
All women members of SSS and GSIS can enjoy the benefit
Whether you are Employed, Self-Employed, Voluntary, or OFW, you can avail of this benefit.
Required Number of SSS Contributions
You should have contributed at least 3 monthly contributions within the past 12 months prior to your semester of childbirth or miscarriage.
Maternity leave can not be used in advance or deferred to some other dates in the future
. You must use your leave around your date of delivery or miscarriage, without interruption or gap.
. You can use your leave for a number of days immediately before giving birth and after giving birth. You are required to spend at least 60 days of your leave after giving birth.
. This means married mothers can spend only up to 44 days prior to childbirth (one day for delivery and 60 for post-delivery)
and single mothers can spend only up to 59 days prior to childbirth (one day for delivery and 60 for post-delivery).
Notification of pregnancy
Notify your employer about your pregnancy and expected date of delivery.
Your employer will forward to SSS your notification.
Notification requirement for extension of leave
If you like to extend your leave, submit a written notice to your employer, or head of your government agency at least 45 days before the end of your maternity leave, except in a medical emergency, in which case, you can notify after your emergency.
Basis of computation of SSS maternity benefit amount
Amount of leave pay per day is your Average Monthly SSS Salary Credit.
Private-sector Employers Will Pay Differential
If you work in the private sector, your employer should pay the differential between the total amount you receive from the SSS and your average weekly salary or regular salary.
Companies exempted from this rule: If your company is distressed, your company employs not more than 10 workers, your company’s total assets are not more than 3 million pesos, or your company is already giving maternity benefits similar or better than this Expanded Maternity Benefit.
Your Employer Will Advance Your Benefit
Your employer should advance your full benefit within 30 days of your filing of your maternity leave.
For other questions, let us wait for the Implementing Rules and Regulations (IRR), which should be issued within 60 days from the effectivity of this law.
See here the full text of Republic Act No. 11210, known as the 105-Day Expanded Maternity Leave Law, signed into law by President Duterte on February 20, 2019.