RA 11210 also known as 105-Day Expanded Maternity Leave Law was signed and approved by President Rodrigo Duterte last February 20, 2019. The Implementing Rules and Regulations (IRR) of the Act was released last May 1 (Labor Day). Here are some of the things you need to know about the Expanded Maternity Leave Law.
What is RA 11210?
It is an Act increasing the maternity leave period to one hundred five (105) days for female workers with an option to extend for an additional thirty (30) days without pay, and granting an additional fifteen (15) days for solo mothers, and for other purposes.
Who are covered of the Expanded Maternity Leave Law (EMLL)?
According to Section 1 of IRR, EMLL shall cover the following:
- female workers in the public sector;
- female workers in the private sector;
- female workers in the informal economy;
- female workers who are voluntary contributors to the SSS; and
- female national athletes.
What are the benefits if EMLL?
1. Paid leave benefit granted to a qualified female worker in the PUBLIC sector, for the duration of:
- (a) One Hundred Five (105) days for live childbirth, regardless of the mode of delivery, and an additional fifteen (15) days paid leave if the female worker qualifies as a solo parent under RA 8972, or the “Solo Parents’ Welfare Act of 2000”; or
- (b) Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy;
2. Paid leave benefit granted to a qualified female worker in the PRIVATE sector covered by the SSS, including those in the informal economy, for the duration of:
- (a) One Hundred Five (105) days for live childbirth, regardless of the mode of delivery, and an additional fifteen (15) days paid leave if the female worker qualifies as a solo parent under RA 8972, or the “Solo Parents’ Welfare Act of 2000”; or
- (b) Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy;
Read Also: New SSS Contribution Table 2019 | Effective April 2019
Employed female workers shall receive FULL PAY which consists of: (i) SSS maternity benefit computed based on their average daily salary credit and (ii) salary differential to be paid by the employer, if any;
3. An option to extend for an additional thirty (30) day WITHOUT PAY in case of live childbirth;
4. Paid maternity leave, allowances and benefits granted to female national athletes;
5. Health care services for pre-natal, delivery, postpartum and pregnancy-related conditions granted to female workers, particularly those who are neither voluntary nor regular members of the SSS, as governed by the existing rules and regulations of the Philippine Health Insurance Corporation (PhilHealth).
Details of Expanded Maternity Leave Benefits
All covered females regardless of civil status, employment status, and the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay, and an additional fifteen (15) days with full pay in case the female worker qualifies as a solo parent under RA 8972.
In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.
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:
- (a) In cases of live childbirth, one hundred five (105) days maternity leave with full pay shall be granted; or
- (b) In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave shall be granted.
Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy REGARDLESS OF FREQUENCY.
Maternity Leave for Female Workers in the Public Sector
Any pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs), State Universities and Colleges (SUCs), or Local Universities and Colleges (LUCs) shall be granted maternity leave of one hundred five (105) days with full pay regardless of the manner of delivery of the child, and an additional fifteen (15) days paid leave if the female worker qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act of 2000”.
Read Also: List of PhilHealth Cash Benefits for Specific Illness
Maternity Leave for Female Workers in the Private Sector
To qualify for the grant of maternity leave benefit, the female worker must meet the following requirements:
- (a) She must have at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.
In determining the female member’s entitlement to the benefit, the SSS shall consider only those contributions paid prior to the semester of contingency; and
- (b) She shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide.
Maternity Leave for Female Workers in the Informal Economy and Voluntary Contributors to the SSS
Maternity Leave Benefits for Women in the Informal Economy and Voluntary Contributors to the SSS. – Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy.
Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.
Maternity Leave for Female National Athletes
In the event that a national athlete who is in the roster of national athletes of the National Sports Association (NSA) to which she is affiliated becomes pregnant, she will be referred to a physician of the Philippine Sports Commission (PSC)oran obstetrician-gynecologist to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises that participation is not medically safe or should be limited. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by her physician, in which case, she will continue to receive the same allowances and benefits she received prior to and during the pregnancy: Provided, That a female national athlete employed in the public sector shall not receive double compensation or benefits.
may guidelines na po ba ang deped about sa expanded maternity leave?kasi sabi po samen Hindi p daw nmin ma a apply yun kasi wala pa daw memo ang deped.
Better inquire sa DEPED main office.