Republic Act No.

11210 “105-Day Expanded Maternity Leave Law”

AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED (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

The 105-Day Expanded Maternity Leave Law took effect on 11 March 2019 and its IRR took
effect on 18 May 2019. Therefore, all female workers who underwent childbirth, miscarriage, or
emergency termination of pregnancy are entitled of its benefits from 11 March 2019 onwards
with full pay for 105 days and an option to extend for 30 days. Also included in the roster of
those who can benefit from the provisions of this act are those defined as solo parents under
Republic Act No.8972 or the “Solo Parents’ Welfare Act”, the worker shall be granted an
additional fifteen (15) days leave with full pay. This act can be availed of either before or after
the actual period of delivery in a continuous and uninterrupted manner, not exceeding the 105
days. For cases of miscarriage or emergency termination of pregnancy, workers are granted sixty
(60) days maternity leave with full pay.

Who may avail the benefits of RA 11210?1

i. Public Sector

Section 4 of the 105-Day Expanded Maternity Leave Law provides:

Section 4. Maternity Leave for Female Workers in the Public Sector.— Any pregnant
female worker in the government service, regardless of employment status, in National
Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned
or -Controlled Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be
granted a maternity leave of one hundred five (105) days with full pay regardless if the

1
RA 11210. Retrieved from https://www.officialgazette.gov.ph/downloads/2019/02feb/20190220-RA-11210-
RRD.pdf
 delivery was normal or caesarian: Provided, That, in case the employee qualifies as a solo
parent under Republic Act No. 8972, or the "Solo Parents’ Welfare Act", the employee
shall be paid an additional maternity benefit of fifteen (15) days. An additional maternity
leave of thirty (30) days, without pay, can be availed of, at the option of the female
worker: Provided, further, That, the head of the agency shall be given due notice, in
writing, at least forty-five (45) days before the end of her maternity leave: Provided,
finally, That no prior notice shall be necessary in the event of a medical emergency but
subsequent notice shall be given to the head of the agency.

Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or
emergency termination of pregnancy

ii. Private Sector

Section 5 of the 105-Day Maternity Leave Law provides:

Section 5. Maternity Leave for Female Workers in the Private Sector.— Any pregnant
female worker in the private sector shall be granted a maternity leave of one hundred five
(105) days with full pay, regardless of whether she gave birth via caesarian section or
natural delivery, while maternity leave of sixty (60) days with full pay shall be granted
for miscarriage or emergency termination of pregnancy.

The law further provides that a female SSS member who has paid at least 3 months of
contribution in a 12-month period preceding the semester of her childbirth, miscarriage, or
emergency termination shall be paid her maternity leave benefit computed based on her average
monthly salary credit for 105 days, subject to the following conditions:

(1) That the female worker 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;
 (2) That the full payment shall be advanced by the employer within thirty (30) days from the
filing of the maternity leave application;
(3) That payment of daily maternity benefits shall be a bar to the recovery of sickness
benefits provided under Republic Act No. 1161, as amended, for the same period for
which daily maternity benefits have been received;
(4) That the SSS shall immediately reimburse the employer of one hundred percent (100%)
of the amount of maternity benefits advanced to the female worker by the employer upon
receipt of satisfactory and legal proof of such payment; and
(5) That if a female worker should give birth or suffer a miscarriage or emergency
termination of pregnancy without the required contributions having been remitted for her
by her employer to the SSS, or without the latter having been previously notified by the
employer of the time of the pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said female member would otherwise have been entitled
to.

Section 5 also provides for the further benefits granted to solo parents qualified under the Solo
Parents Welfare Act by paying them an additional 15 days of maternity benefit. As well as an
option of additional maternity leave of 30 days, but without pay and the employer shall be
notified, in writing, at least 45 days before the end of her maternity leave. However, in case of
medical emergency, a written notice is not needed, but a notice shall be given to the head of the
agency

Section 5 (c) also provides that employers in the private sector pay their workers on maternity
leave in full, except for the following (subject to the guidelines to be issued by the DOLE):
(1) Those operating distressed establishments;
(2) Those retail/service establishments and other enterprises employing not more than ten
(10) workers;
(3) Those considered as micro-business enterprises and engaged in the production,
processing, or manufacturing of products or commodities including agro-processing,
trading, and services, whose total assets are not more than Three million pesos
(₱3,000,000.00); and
 (4) Those who are already providing similar or more than the benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a justification by the
employer claiming exemption for the approval of the DOLE.

iii. Women in Informal Economies and Voluntary Contributors to the SSS

In concurrence with Article 13, Section 14 of the 1987 Constitution, the protection and
promotion of the rights and welfare of women, women workers in informal economies may also
benefit from the benefits of maternity leave if they have remitted at least 3 monthly contributions
in the 12-month period preceding her childbirth, miscarriage and emergency termination to the
SSS.

iv. Female Workers Who are Non-Members of the SSS

The PhilHealth Circular No. 022-2014 or the “Social Health Insurance Coverage and Benefits for
Women About to Give Birth”, governs female workers who are not members or contributors to
the SSS.

v. Female Worker with Pending Administrative Case

Female workers with pending administrative cases are given the benefit of this act, whether she
works in the government or the private sector.

vi. National Athletes

Section 13 of RA 11210 provides:

Section 13. Maternity Leave for Female National Athletes.— In the event a national
athlete becomes pregnant, she will be referred to the team physician or an accredited physician
of the Philippine Sports Commission (PSC) or an 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 be entitled to the
allowance and benefits she had prior to pregnancy: Provided, That a female national athlete
employed in the public sector shall not receive double compensation or benefits.

Allocation of Maternity Leave2

Section 6 provides that any female worker entitled to maternity leave benefits may allocate 7
days of the law’s benefits to the child’s father, this is whether or not they are married. In the
death or incapacity of the female worker, a caregiver meaning a relative within the fourth degree
of consanguinity shall care for the child. Examples of relatives within the fourth degree of
consanguinity are:
 1st degree – parent/s, child/children
 2nd degree – siblings (brother/s, sister/s), grandparents, grandchild/children
 3rd degree – nephew/s, niece/s, uncle/s, aunt/s
 4th degree – first cousin/s

To avail of the allocated benefits, the female worker must submit a prior written notice to the
head of the office, with her Application for Leave using Civil Service (CS) Form No. 6 and proof
of relationship with the caregiver.

What are the requirements for one to enjoy maternity leave?3

The following documents shall be submitted to the agency to enjoy maternity leave:
• Accomplished Application for Leave (Civil Service Form No. 6)
2
SEC 6
3
FAQ RA 11210. Retrieved from http://csc.gov.ph/phocadownload/PSU/EMLL%20FAQs%20%20(booklet)
%2005.11.19.pdf
 • Medical Certificate issued by a government or private physician, as proof of pregnancy
and estimated date of delivery
• Accomplished Clearance Form (Civil Service Form No. 7)
• Solo Parent I.D., for solo parents who want to avail of the additional maternity leave of
15 days

Periodic Review of Governmental Administrative Bodies

Section 17 provides that the Civil Service Commission (CSC), the DOLE, the SSS, and the
Gender Ombud of the Commission on Human Rights (CHR), in consultation with trade unions,
labor organizations, and employers’ representatives shall conduct a review of the maternity leave
benefits of female workers in the public or private sector within 1 month after the Act’s
effectivity. The SSS and DOLE shall include maternity leave benefits in their evaluation report
every 4 years, and 3 years for the CSC or more frequently if necessary.

Penalties4

Section 18. Penalties. - Whoever fails or refuses to comply with the provisions of this Act shall
be punished by a fine of not less than Twenty thousand pesos (₱20,000.00) nor more than Two
hundred thousand pesos (₱200,000.00), and imprisonment of not less than six (6) years and one
(1) day nor more than twelve (12) years or both. If the act or omission penalized by this Act shall
be committed by an association, partnership, corporation, or any other institution, its managing
head, directors, or partners shall be liable to the penalties provided in this Act for the offense.

Failure on the part of any association, partnership, corporation, or private enterprise to comply
with the provisions of this Act shall be a ground for non-renewal of business permits.

4
SEC 18
Valleson, Inc., petitioner,
v.
Bessie C. Tiburcio, respondent.

G.R. No. L-18185. September 28, 1962

FACTS

• Respondent, Bessie C. Tiburcio was employed as cashier by Valleson, Inc. from

September 1, 1955, to November 23, 1957. She worked from 9 o’clock am to 1 o’clock
pm and from 4 o’clock pm to 7 o’clock pm or a total of 7 hours daily, for which she was
paid P3.50.
• Respondent got married during her employment but did not change her status in the
payroll due to the company’s policy that all female workers should be single during
employment.
• Sometime in October 1956, the respondent personally asked a certain Mr. Sibal for
maternity leave without pay, but he refused to grant the same.
• The respondent delivered her first child on January 12, 1957 and got pregnant again
sometime in October 1957. She then asked for maternity leave without pay but was again
denied.
• Sometime in 1957, the accountant of Valleson, Inc. found a shortage of P50.00 when he
checked the cashier’s report of the respondent.
• It was found out that respondent and a colleague were taking certain amounts of money
and lending them to different employees without the knowledge of the management. This
fact was admitted by the respondent in a written statement
• The respondent and her colleague were temporarily suspended and was later permanently
dismissed upon the recommendation of the company’s legal department.
• The respondent filed with the Court of Industrial Relations, a petition praying for
differential pay, maternity leave pay and reinstatement, in addition attorney’s fees. The
Court granted her plea, however denied her of reinstatement.
 • The petitioner company then moved for reconsideration by appeal of certiorari of the
Court’s decision saying that the Court of Industrial relations does not have the right to
hear and decide on maternity leave.
ISSUE
Whether or not the right to maternity leave is not one of those which the Court of Industrial
Relations may hear and decide under Republic Act No. 875.

RULING
We find that petitioner's pretense is well taken. At the outset, it is not denied that claims for
maternity leave are per se beyond the jurisdiction of the Court of Industrial Relations. The latter's
assertion for authority to pass upon the maternity leave pay sought to be recovered by Bessie C.
Tiburcio is predicated upon the theory that her cause of action therefor is, or may be considered,
incidental to her claim for differential pay under the Minimum Wage Law.

As regards this claim for differential pay, section 7 of Republic Act No. 875 provides:

In order to prevent undue restriction of free enterprise for capital and labor and to
encourage the truly democratic method of regulating the relations between the employer
and employee by means of an agreement freely entered into in collective bargaining, no
court of the Philippines shall have the power to set wages, rates of pay, hours of
employment, or conditions of employment except as in this Act is otherwise provided and
except as is provided in Republic Act Numbered Six hundred two and Commonwealth
Act Numbered Four hundred forty-four is to hours of work.

Upon the other hand, section 16 of Republic Act No. 602 reads:

(a) The Court of First Instance shall have jurisdiction to restrain violations of this Act; action by
the Secretary or by the employees affected to recover underpayment may be brought in any
competent court, which shall render its decision on such cases within fifteen days from the time
the case has been submitted for decision; in appropriate instances, appeal from the decision of
these courts on any action under this Act shall be in accordance with applicable laws.
(b) In the event that a dispute case before the Court of Industrial Relations involves as the sole
issue or as one of the issues a dispute as to minimum wages above the applicable statutory
minimum, and the Secretary of Labor has issued no wage order for the industry or locality
applicable to the enterprise, the Court of Industrial Relations may hear and decide such wage
issue: Provided, however, That the Secretary of Labor shall not undertake to fix the minimum
wage for an industry or branch thereof which involves only a single enterprise or a single
employer.
(c) Where the demands of minimum wages involves an actual strike, the matter shall be
submitted to the Secretary of Labor, who shall attempt to secure a settlement between the parties
through conciliation. Should the Secretary fail within fifteen days to effect said settlement, he
shall endorse the matter together with other issues involved, to the Court of Industrial Relations
which will acquire jurisdiction on the case including the minimum wage issue, and after a
hearing where the views of the Secretary of Labor will be given, will decide the case in the same
manner as provided in other cases. The decision shall be rendered by the court en banc within
fifteen days after the case has been submitted for the determination, and its finding of facts shall
be conclusive if supported by substantial evidence and shall be subject only to an appeal
by certiorari.

It appears from this section 16 that, for the Court of Industrial Relations to have jurisdiction over
a minimum wage case, it is necessary, either that the wage therein claimed be "above the
applicable statutory minimum", or, else, that the demand of minimum wage therein made
"involve an actual strike". No such actual strike is involved in the present case. Furthermore, the
differential pay claimed by Bessie C. Tiburcio is based only upon the statutory minimum of
P4.00 a day. In fact, it is not disputed that the case at bar does not fall under subdivisions (b) and
(c) of said section 16. It is thus apparent that the Court of Industrial Relations had no jurisdiction
to hear and decide this case, insofar as the issue of differential pay is concerned, and,
consequently, as regards, the maternity leave pay.

WHEREFORE, the decision appealed from is reversed, and this case is hereby dismissed,
without pronouncement as to costs. It is so ordered.