Maternity Leave R.

A 1161 , 14-A
and R.A. 11210 expanded
Maternity Leave
What is Maternity Leave?

Refers to the period of time that a mother takes off from

work following the birth of her baby.
Maternity Leave under R.A 1161, Sec 14-A

 A covered female employee who has paid t least 3 monthly maternity contributions in the 12 th month period
proceeding the semester of her child birth or miscarriage, Who shall be entitled to such benefits for 60 days
subject to the following conditions:

1. There must be a notice given to his employer of her pregnancy

2. Advance payment by the employer in two equal installments
3. Caesarean delivery
4. It covers only for the first 4 deliveries
5. Reimbursement of SSS to the employer
6. Payment of damages of the employer to the SSS
105 day expanded Maternity Leave Law

 R.A. 11210, An Act Increasing the Maternity Leave Period to One Hundred
Five (105) Days for Female Workers with an Option to Expand for an Addition
Thirty (30) Days without pay, and Granting an Additional Fifteen (15) Days
for Solo Mothers, and for Other Purposes.
New Features on Expanded Maternity Leave

105 days for live child birth with additional 15 days if solo
parent;
60 days for miscarriage or ETP;
Grant of leave in every instance of pregnancy;
Shared leave with the child’s father or alternative caregiver.
Who are covered by the law?

 Female workers in the Public Sector

 Female workers in the Private Sector
 Female workers in the Informal Economy
 Women who are voluntary contributors to the SSS
 Female National Athletes
Common provision between Public and Private
Sectors

 Grant of Leave:
All covered female workers regardless of civil status or the legitimacy of her child, shall be granted 105 days or 60 days maternity
leave with full pay and an option to extend for an additional 30 days without pay.
o Manner of Enjoyment of Maternity Leave:
Enjoyment of maternity leave cannot be deferred but should be availed of wither before or after the actual period of delivery in a
continuous and uninterrupted manner.
o Extended Maternity Leave:
An additional maternity leave of 30 days, without pay, can be availed of, at the option of the female worker provided that the
employer shall be at least 45 days due notice.
o Frequency of Grant:
Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency
termination of pregnancy regardless of frequency.
o Non-diminution of Benefits:
Nothing in this Rules shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are
granted under collective bargaining agreements or present laws, if the same are more beneficial to the female worker.
Common Provisions between Public and
Private Sectors

 Security of Tenure:
those who avail of the benefits of the Expanded Maternity Leave Law shall be assured of security of
tenure. As such, the exercise of this option by them shall not be used as basis for demotion in employment or
termination.
o Non-Discrimination:
No employer shall discrimination against the employment of women in order to avoid the benefits
provided for in the Expanded Maternity Leave Law.
o Expanded Maternity Leave in case of Termination of Employees:
Maternity leave with full pay shall be granted even if the contingency occurs not more than 15 calendar
days after the termination of an employee’s service.
o Expanded Maternity Leave for Female Workers with pending administrative cases:S
Female workers, in the public sector and in the private sector, can enjoy the maternity leave benefit even if
she has a pending administrative case.
Difference between Female Workers in the
Public and Private Sectors

PUBLIC SECTOR PRIVATE SECTOR

 Eligibility:
Any pregnant female worker in the government
service, regardless of employment status and length of
service.
 Eligibility:
a. She must have paid at least 3 monthly
contributions in the 12th month period immediately
preceding the semester of contingency.
b. 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.
c. Workers in the informal economy, OFWs, and
voluntary SSS members may give notice directly to the
SSS.
Difference between Female Workers in the
Public and Private Sectors
PUBLIC SECTOR
 Consecutive Pregnancies:
in case of overlapping maternity benefit
claims the female member shall be granted
maternity benefits for the two contingencies in a
consecutive manner.
PRIVATE SECTOR
 Consecutive Pregnancies:
In case of the overlapping of 2 maternity
benefit claims, the female member shall be
granted maternity benefits for the two
contingencies in a consecutive manner, However,
the amount of benefit corresponding to the period
where there is an overlap shall be deducted from
the current maternity benefit claim;
Difference between Female Workers in the
Public and Private Sectors
PUBLIC SECTOR
 Dispute Resolution:
Disputes, controversies , or claims arising out of
or relating to the payment of full pay shall be filed to
the head of agency and may be appealed to the Civil
Service Commission Regional Office having
jurisdiction over the agency.
PRIVATE SECTOR
 Dispute Resolution:
a. Disputes, controversies, or claims arising out
of or relating tot the payment of full pay shall be filed
before the Social Security Commission.
b. Claims arising out of or relating to the
payment of salary differential shall be filed before the
DOLe Field/Provincial/Regional Office having
jurisdiction over the workplace.
Maternity Leave for Women in the Informal
Economy

 Eligibility: She must have paid at least 3 monthly contributions in the

12th month period immediately preceding the semester of contingency
Allocation of Maternity Leave Benefits

 A Female worker entitled to maternity leave benefits may, at her option, allocate up to 7 days of said benefits
tot the following:

1. Child’s Father; or
2. In case if death, absence, or incapacity of the child’s father:
a. Relative within the 4th degree of consanguinity;
b. Current partner (regardless of SOGIE)

o If the Female Worker dies or permanently incapacitated, the balance of her maternity leave, if any, shall accrue
tot the child’s father or to a qualified alternate caregiver.
Penalties

 If committed by an association, partnership, or any other institution, its managing

head, directors, or partners shall be liable tot the penalties provided for under the law.
 Failure on the part of any association, partnership, corporation, or private enterprise
to comply with the Expanded Maternity Leave Law shall be ground for non-renewal
of business permits.
Paternity Leave R.A. 8187, IRR of
R.A. 8187 and CSC Memorandum
Circular No. 01-2016
What is Paternity Leave?

 Given to married male employees whose legal wife underwent delivery or

miscarriage
 This benefit applies to all male employees regardless of employment status
Benefits included in Paternity Leave

 Seven (7) days of leave credits with full pay.

 Applies for the first 4 deliveries of the male employee’s legal wife
Conditions for entitlement to Paternity Leave

 He is an employee at the time of the delivery;

 He is cohabiting with his spouse at the time she gives birth or suffers miscarriage;
 He has applied for paternity leave with his employer within a reasonable period of time
from the expected date of delivery by his pregnant spouse, or within such period as may
be provided by company rules and regulations, or by collective bargaining agreement.
 His wife has give birth or suffered miscarriage.
Requirements for Paternity Leave

 Regardless of employment status

 Employed at the time of childbirth
 Has a wife who is pregnant who has given birth or miscarriage
 The pregnancy, childbirth, or miscarriage has not happened for more than 4 times
 Legally married and living together under on roof
 Properly notify the employer within a reasonable time of the wife’s pregnancy and the expected
delivery date.
When to apply for Paternity Leave?

 It should be made within a reasonable period of tine to give the employer an

opportunity to make adjustments while the male employee is on leave. However,
for miscarriage, prior application is not required.
What happen if employer refuses to give
Paternity Leave Benefit?

 According to the Paternity Leave Act under R.A. 8187, companies that violate
the law should pay a fine not more than Php 25,000 or be jailed for at least 30
days up to 6 months.
Special Leave Sec, 18 of R.A. 9710
(Magna Carta of Women) and IRR
of R.A. 9710, Sec. 7(M)
What is Special Leave under R.A. 9710

 Refers to a Female Employee’s leave entitlement of two (2) months

with full pay based on her gross monthly compensation following
surgery caused by gynecological disorders.
What are considered as Gynecological
Disorders?

Under IRR of R.A. 9710, Sec.7(M) Gynecological disorders” refers to disorders that would require surgical procedures
such as, but not limited to dilatation and curettage and those involving female reproductive organs as certified by a
competent physician such as:

1. the vagina, 
2. cervix, 
3. uterus, 
4. fallopian tubes, 
5. ovaries, 
6. breast, 
7. adnexa, and 
8. pelvic floor

    For purposes of the Act and these Rules and Regulations, gynecological surgeries shall also include hysterectomy,
ovariectomy, and mastectomy;
What are the conditions in order to avail
Special Leave?

Any female employee, regardless of age and civil status, shall be entitled to special leave, provided she has
complied with the following conditions:

1. She has rendered at least 6 months continuous aggregate employment service for the last 12 months
prior to surgery;
2. She has filed an application for special leave in accordance with Section 3 of D.O. no. 112-11, Series of
2011;
3. She has undergone surgery due to gynecological disorders as certified by a competent physician.
When can Special Leave be availed?

 It can be availed in advance, at least 5 days for government sectors or

within a reasonable period of time for private sector, prior to the
scheduled date of surgery.
Is there a limit in availing of Special Leave?

 Special Leave can be availed for every instance of surgery due to

gynecological disorder, so long as the maximum total period of 2
months or 60 calendar days is spent per year.
What happens if the doctor prescribes more
than the required period?

 The female worker may charge it to her her earned Sick Leave Credits
or to her Vacation Leave Credits, after Sick Leave credits have been
exhausting.
Can Special Leave benefits be convertible to
cash?

 Special Leave benefits is non-cumulative and non-convertible to cash

unless otherwise provided by a Collective Bargaining Agreement.
Is Special Leave benefit the same as SSS
Sickness benefit?

 They are different, the former is granted by the employer in

accordance with R.A. 9710. It is granted to one who has undergone
surgery due to gynecological disorder. As for SSS Sickness benefit, is
administered and give. By the SSS in accordance with R.A. 1161 as
amended by R.A. 8282.
Thank You