The new Maternity Law

LAW EACH WEEK

Who can avail of the Expanded Maternity Leave? All covered female workers in government and the private sector, including the informal economy, who gave birth after March 8, 2019, are entitled to 105 days maternity leave, with an option to extend for 30 days unpaid. Solo mothers shall be given an extra 15 days above the 105 days. (Republic Act 11210)

What is informal economy?

Those who work for him/herself and are therefore both the employer and employee.

How many times can Maternity Leave be availed of?

Maternity leave can be availed of at every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.

How much maternity leave monetary benefit will be a covered female worker be entitled to?

Female workers in the public sector and the private sector shall now be entitled to full pay. Employers from the private sector shall be responsible for the payment of the salary differential between the actual cash benefits received from SSS be the covered female workers and their average weekly or regular wages.

How many days leave does a covered female worker get for miscarriage? For miscarriage, a covered female worker will be entitled to 60 days.

What about the father? Any female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. The female worker’s leave is then reduced to 98 days.

How does this harmonize with current Paternity Leave law? The current Paternity Leave law grants 7 days paternity leave to the father of the child, if he is married to the female worker. Therefore, a married new father can enjoy as much as 14 days leave (7 days Paternity leave and 7 days under RA 11210). An unmarried new father may enjoy 7 days allocated leave.

What if there is no father? In cases of death, absence or incapacity of the father, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household upon the election of the mother taking into account the best interests of the child.

What about informal workers? 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) months period immediately preceding the semester of her childbirth, miscarriage or emergency termination of the pregnancy.