105-Day Expanded Maternity Leave Law Has Been Signed!

The 105-Day Expanded Maternity Leave Law has been signed by President Duterte on February 20, 2019!

105 days na ang SSS maternity leave!

pregnant-woman

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.

4 Comments

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  1. As posted in the March 20 issue of PhilStar, SSS officials have announced that the New Contribution Rate of SSS will be implemented BEGINNING SECOND QUARTER OF 2019, that is, APRIL 1, 2019 -from 11% to 12% of monthly salary credit.

    Likewise, the MINIMUM MSC of 1K will be adjusted to 2K. MAXIMUM MSC of 16K will be adjusted to 20K, with MORE ADJUSTMENTS TO COME in the coming years until the law’s full implementation on 2025. POSSIBLE DAW umabot ng 35K ang maximum MSC.

    Para sa kaalaman ng lahat.

  2. Hi Rodel, malamang date of delivery naman ang gagawin nilang determiner sa date of effectivity ng law, so malamang ma-enjoy ng wife mo ang new benefit. In case hindi pa lumabas yong IRR in April, malamang gawin nilang retroactive yong implementation, at dapat merong rules on how to pay the unenjoyed leave days.

  3. Pano kung manganganak ang asawa this year by april at lumabas n ang irr maaavail pa b nya ang expanded maternity leave

  4. PARA SA KAALAMAN NG LAHAT: Bukod sa Expanded Maternity Leave Law meron na rin pong bagong batas tungkol sa Social Security – Ang Social Security Act of 2019 (R.A. 11199) na napirmahan na ng Pangulong Duterte noong Feb. 18 at nagkabisa noong Mar. 5 (saktong 15 days after publication sa Official Gazette)

    WALA PA PONG PETSA KUNG KAILAN ITO IPATUTUPAD kasi kasalukuyan pa lang tinatapos ng SSS ang IRR (Implementing Rules and Regulations). Kasalukuyang nagdaraos ang SSS ng public hearing, forum, and consultation tungkol dito. UPANG MAIWASAN ANG KALITUHAN, makabubuting ANTAYIN NA LANG NATIN ANG OFFICIAL ANNOUNCEMENT mula sa SSS kung kailan ito ipatutupad

    Mga naka-ambang na pagbabago:
    1. Pagtaas ng contribution rate to 12% of monthly salary credit mula sa kasalukuyang 11% at 1% dagdag every 2 yrs. – magiging 13% sa 2021, 14% sa 2023 at 15% sa 2025.
    2. Magiging MANDATORY NA ang SSS membership at coverage para sa mga OFWs (both land-based and sea-based). Voluntary lang sa kasalukuyan
    3. Magkakaroon ng UNEMPLOYMENT BENEFITS/INSURANCE for 2 months ang mawawalan/matatanggal sa trabaho. (more or less 50% ng MSC bilang pantustos habang naghahanap ng panibagong trabaho.
    4.SSS ang magiging IMPLEMENTING ARM ng bagong Expanded Maternity Leave Law (PLS. SEE Ms. Nora’s notes on this)
    5.Bukod sa CONDONATION PROGRAM na umiiral hanggang April 1, MAAARING may kasunod pa sa mga darating na buwan.

    ANTABAYANAN NA LANG NATIN.

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