Maternity leave rules for female workers in the public sector under RA 11210

Rule V of the Implementing Rules and Regulations of Republic Act No. 11210 (RA 11210) otherwise known as the Expanded Maternity Leave Law lay down the rules for the female workers in the public sector, reproduced as follows:

Section 1.  Eligibility. – Any pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or – Controlled Corporations (GOSCCs), State Universities and Colleges (SUCs), opr local Universities and Colleges (LUCs) shall be granted maternity leave of one hundred five (105) days with full pay regardless of the manner of delivery of the child, and an additional fifteen (15) days paid leave if the female workers qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act of 2000”.

She shall be entitled to maternity leave of sixty (60) days with full pay for miscarriage or emergency termination of pregnancy.

Section 2.  Notice of Pregnancy and Application for Maternity Leave. – The female worker shall give prior notice to the head of agency of her pregnancy and her availment of maternity leave at least thirty (30) days in advance, whenever possible, specifying the effective date of the leave. The female worker shall use the prescribed civil service form in the filing of the maternity leave application, supported by a medical certificate.

Section 3. Maternity Leave in the Teaching Profession. – Female teachers in the teaching profession may also avail of maternity leave even during long vacations, i.e., summer and Christmas vacations, in which case, both the maternity leave benefits and the proportional vacation pay (PVP) shall be granted.

Section 4.  Extended Maternity Leave. – In cases of live childbirth, the female worker has the option to extend her maternity leave for an additional thirty (30) days without pay, or use her earned sick leave credits for extended leave with pay. In case the sick leave credits are exhausted, the vacation leave credits may be used.

Section 5.  Manner of Payment of Maternity Leave Benefits. – the female worker shall be entitled to full pay during maternity leave which shall be paid by the agency. The female worker shall have the option to receive full pay either through lump sum payment or regular payment of salary through agency payroll. A clearance from money, property and work-related accountabilities shall be secured by the female worker. Money, property and work-related accountabilities as well as pending administrative case shall not deprive the female worker of the availment of her maternity leave benefits.

Section 6.  Consecutive pregnancies and multiple childbirths. – In case of overlapping maternity benefit claims, e.g., one miscarriage or emergency termination of pregnancy after the other or followed by live childbirth, the female member shall be granted maternity benefits for the two contingencies in a consecutive manner. The female woker shall be paid only one maternity benefit, regardless of the number of offspring, per childbirth/delivery.

Section 7.  Dispute Resolution. – Any dispute, controversy or claim arising out of or relating to the payment of full pay shall be filed by the concerned female worker initially to the head of agency and may be appealed to the Civil Service Commission (CSC) Regional Office having jurisdiction over the agency, and to the Commission Proper, respectively. The agency shall not hold or delay the payment of full pay to the female worker pending the resolution of the dispute, controversy or claim.

Download the full text of the implementing rules and regulations of RA 11210 below.

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