BENEFITS IN RELATION TO SOCIAL SECURITY LAW
LAW QUALIFYING CONDITIONS
105- Day Expanded Maternity Benefit Leave Law
BENEFIT
 Who are covered  Daily cash allowance = 100% of the member’s
1. Female workers in the: average daily salary credit (through lump sum
- Public Sector or regular payment of salary through agency
- Private Sector payroll)
- Informal Economy  105 days with full pay – normal and caesarean
2. Female Workers who are voluntary section delivery
contributors to the SSS  60 days paid leave – miscarriage and emergency
3. Female national athletes termination of pregnancy
 Has paid at least 3 monthly contributions in the  Option to extend for an additional 30 days
12-month period preceding the semester of without pay in case of live childbirth
childbirth, miscarriage, or emergency  Additional 15 days with pay – if qualified as solo
termination of pregnancy parent under Solo Parents’ Welfare Act of 2000
 If employed, she must have notified her Er of (RA 8972)
her pregnancy and the probable date of her  Granted regardless of member’s civil status and
childbirth, which notice shall be transmitted to frequency of pregnancy
the SSS in accordance with the rules  Maternity leave with full pay shall be granted
 If unemployed, SE, or voluntary member, non- even if the childbirth, miscarriage, termination
working spouse, OFW member = must directly of pregnancy occurs not more than 15 calendar
notify SSS days after the termination of an employee’s
service
 If worker was terminated without just cause, Er
will pay full amount equivalent to her salary for
105 days for childbirth and 60 days for
miscarriage or emergency termination of
pregnancy based on her full pay
 Female worker may allocate up to 7 days of said
benefit to the child’s father, whether or not the
same is married to the female worker
 In case of the father’s absence, may allocate to
an alternate caregiver, who may be:

Paternity Leave Act of 1996 (RA 8187)
Solo Parents’ Welfare Act (RA 8972)
 Legally married to and is cohabiting with the
woman who delivers the baby (*)
 Employee of private/public sector
 Only for the first four deliveries (*)
 Shall notify his Er of the pregnancy of his
legitimate spouse anad the expected date of
delivery
 Has rendered at least 1 year of service, whether
continuous or broken
 Has notified Er of the availment withing a
reasonable time period
 Has presented a Solo Parent Identification Card
to Er
 "Solo parent" - any individual who falls under
any of the following categories:
1. A woman who gives birth as a result of rape
and other crimes against chastity even
without a final conviction of the offender:
Provided, That the mother keeps and raises
the child;
2. Parent left solo or alone with the
responsibility of parenthood:
- Due to death of spouse;
- Relative within the 4th degree of
consanguinity
- Current partner, regardless of sexual
orientation or gender identity, of the
female worker sharing the same
household
 Option to allocate maternity leave credits shall
not be applicable in cases of miscarriage or
emergency termination of pregnancy
 7 days with full pay
 Not convertible to cash
 In addition to the 7 day leave benefit granted by
the Expanded Maternity Leave Benefit Law (di
ako sure dito skrt skrt)
 Leave of not more than 7 days
 Flexible work schedule (to vary his/her arrival
and departure time without affecting the core
work hours as defined by the employer)
- Provided: the same will not affect
individual and company productivity
 A change in the status or circumstance of the
parent claiming benefits under this Act, such
that he/she is no longer left alone with the
responsibility of parenthood, shall terminate
his/her eligibility for these benefits.

Special Leave Benefit for Women (under Magna 
Carta of Women (RA 9710))
 Has filed for an application for special leave
- While the spouse is detained or is
serving sentence for a criminal
conviction for at least one (1) year;
- Due to physical and/or mental
incapacity of spouse as certified by a
public medical practitioner;
- Due to legal separation or de facto
separation from spouse for at least one
(1) year, as long as he/she is entrusted
with the custody of the children;
- Due to declaration of nullity or
annulment of marriage as decreed by a
court or by a church as long as he/she
is entrusted with the custody of the
children;
- Due to abandonment of spouse for at
least one (1) year;
3. Unmarried mother/father who has
preferred to keep and rear her/his
child/children instead of having others care
for them or give them up to a welfare
institution;
4. Any other person who solely provides
parental care and support to a child or
children;
5. Any family member who assumes the
responsibility of head of family as a result of
the death, abandonment, disappearance or
prolonged absence of the parents or solo
parent.
Has rendered at least 6 months of continuous  2 months leave with full pay based on her gross
aggregate employment service for the last 12 monthly compensation
months prior to surgery  Undergoes surgery due to gynecological during
her maternity -> entitled only to the difference

Leave for victims of VAWC (RA 9262)
 Has undergone surgery due to gynecological between special leave benefit and the
disorders as certified by a competent physician maternity benefit
 Gynecological disorders
- Disorders that would require surgical
procedures such as: dilatation and
curettage and those involving female
reproductive organs, as certified by a
competent physician
- Gynecological surgeries: hysterectomy,
ovariectomy, and mastectomy
 Victims to apply for issuance of protection order  10 days paid leave
 Employee has to submit a certification from the
Punong Brgy./Kagawad/Prosecutor/Clerk of
Court that an action under RA 9261 has been
filed/is pending
 For government employees: in addition to the
certificate, employee must file an application
for leave citing RA 9262