Updated August 22, 2019
The 105-Day Expanded Maternity Leave Law, which was signed by President Duterte on February 20, 2019, became effective on March 11, 2019.
According to Senator Risa Hontiveros, main sponsor of the law in the Senate, the law became effective on March 11, 2019, as announced through a Senate press release on May 2, 2019.
SSS Benefits Administration Division Vice President Normita Doctor also stated in a media interview that the effectivity of the law was March 11, 2019.
“Eligible” means at least 3 valid monthly contributions were paid within the 12-month period prior to the semester of child delivery or miscarriage.
What Are the Improvements under the Expanded Maternity Leave Law?
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 or miscarriages
. Hindi na lang for 4 pregnancies na kagaya ng dati. UNLI na!
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 (for 105 days or 120 days) and your full salary (for the same 105 or 120 days).
Full pay means actual remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours, including allowances provided for under company policy or collective bargaining agreement.
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 Leave Law.
Public-Sector Employees Will Receive Full Pay During Their Maternity Leave
Your full pay during your maternity leave will be paid to you by your employer (government agency). You have the option to receive it either in lump sum or through regular payrolls.
Public-School Teachers Can Enjoy Maternity Leave Even During Long Vacations
You can avail of this benefit in full even if you give birth during summer or Christmas vacations. You’ll get both your maternity leave pay and your proportional vacation pay (PVP).
Your employed partner can now enjoy up to 7 days of paid leave, whether you’re married to him or not.
. The 7 days will be deducted from your allocation of 105 or 120 days. Prior notifications to both your employers are required.
. If you’re married to your partner, this 7-day allocation is in addition to the 7 days of paid leave granted under the Paternity Leave Act of 1996. Magiging 14 days ang total of paid leaves. Itong Paternity Leave law ay for married men lang and for the first 4 pregnancies or miscarriages lang.
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 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.
Features Retained from the old law
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 pregnant members of SSS and GSIS can enjoy the benefit
Whether you are Employed, Self-Employed, Voluntary, Non-working Wife or OFW, you can avail of this benefit, as long as you have paid at least 3 monthly contributions within the 12-month period BEFORE your semester of childbirth or miscarriage.
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.
Notification of pregnancy
Notify your employer about your pregnancy and expected date of delivery. You also notify them if you’re going to give paid-leave allocations (from your 105 days or 120 days) to your employed partner or relative.
The SSS have these forms: Maternity Notification form and Allocation of Maternity Leave Credits form. You file these forms with your employer (they can forward these to SSS or they can file it through their online SSS account).
Basis of computation of SSS maternity benefit amount
Amount of leave pay per day is based on your Average Monthly SSS Salary Credit.
Your Employer Will Advance Your Benefit
Your employer should advance your full benefit within 30 days of your filing of your maternity leave.
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.
Full text of the Implementing Rules and Regulations (IRR) of the Expanded Maternity Leave Law, signed on May 1, 2019