Handbook on Workers' Statutory Monetary Benefits (2024)

Maternity Leave: Definition

Maternity leave refers to the paid leave granted to a female employee for every instance of pregnancy, miscarriage, and emergency termination of pregnancy, regardless of frequency, providing her an ample transition time to regain health and overall wellness and to assume maternal roles.

Maternity Leave: Coverage

This benefit applies to female employees, regardless of civil status, employment status, and the legitimacy of her child.

Maternity Leave: Duration

The maternity leave shall be for 105 days with full pay, and additional 15 days with full pay in case the female employee qualifies as a solo parent under Republic Act No. 8972, as amended by Republic Act No. 11861. In cases of live childbirth, an additional maternity leave of 30 days without pay, can be availed of, at the option of the female employee, provided that the employer shall be given due notice. Further, this leave benefit may also be credited as combinations of prenatal and postnatal leave as long as it does not exceed 105 days and provided that compulsory postnatal leave shall not be less than 60 days. In case of miscarriage or emergency termination of pregnancy, the maternity leave shall be for 60 days with full pay. Nothing in Republic Act No. 11210 and its IRR shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under CBA or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided, that this shall be consented to in writing by the female worker and shall primarily uphold her maternal functions and the requirements of postnatal care.

Maternity Leave: Conditions for Entitlement

A female employee shall be entitled to maternity leave provided that: 1. She has at least three monthly contributions to the SSS in the 12-month Entitled 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. Enacted on 20 February 2019 and was published in the Manila Bulletin on 23 February 2019. RA 11210 took effect on 11 March 2019. See also the Implementing Rules and Regulations of RA 11210 issued on 01 May 2019. period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy ;and 2. She has notified her employer about her pregnancy and the probable date of her childbirth.

Maternity Leave: Availment

Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency. A female worker entitled to maternity leave benefits may, at her option, allocate up to seven days of said benefits to the child’s father, whether or not the same is married to the female worker. The allocated benefit granted to the child’s father under this law is over and above that which is provided under Republic Act No. 8187, or the “Paternity Leave Act of 1996”. The employer shall pay the salary differential between the full salary of the female worker during her maternity leave and the actual cash benefits received from the Social Security System (SSS). Additionally, the salary differential shall be included as part of the basic salary for purposes of computation thirteenth-month pay of the rank and file employee. You may view the step-by-step video illustration of the SSS at See also DOLE Department Advisory No. 1, Series of 2019 or the Guidelines on the Computation of Salary Differential of Female Workers during her Maternity Leave and its Criteria for Exemption Pursuant to Republic Act No. 11210 and its Implementing Rules and Regulations. Issued on 09 July 2019.