The benefits under the 105-Day Expanded Maternity Leave Law

The benefits of the 105-Day Expanded Maternity Leave Law (RA No. 11210) are laid down in Rule III of its implementing rules and regulations. 

Who are entitled to the 105-day Expanded Maternity Leave law?

Under the new law, the following female employees are entitled to the benefits RA 11210:

  1. Female workers in the Public Sector;
  2. Female workers in the Private Sector
  3. Female workers in the Informal Economy;
  4. Female members who are voluntary contributors to the Social Security System; and
  5. Female national athletes.

What are the benefits under RA 11210?

Under Section 2 of Rule III of the implementing rules, the following benefits are granted under the 105-day Expanded Maternity Leave law, to wit:

1.Those in the public sector.  Paid leave benefit to a qualified female worker in the public sector, for the duration of 105 days for live childbirth, regardless of mode of delivery, and an additional 15 days paid leave if the female worker qualifies as a sole parent.  For miscarriage and emergency termination of pregnancy, only 60 days paid leave;

2. Those in the private sector and those in the informal sector. Paid leave benefit to a qualified female worker in the public sector, for the duration of 105 days for live childbirth, regardless of mode of delivery, and an additional 15 days paid leave if the female worker qualifies as a sole parent.  For miscarriage and emergency termination of pregnancy, only 60 days paid leave. Employed female workers shall receive full pay which consists of (i) SSS maternity benefit computed based on their average daily salary credit and (ii)salary differential to be paid by the employer, if any;

3. An option to extend for an additional thirty (30) days without pay in case of live childbirth;

4. Paid maternity leave, allowances and benefits granted to female national athletes;

5. Health care services for pre-natal, delivery, postpartum and pregnancy related conditions granted to female workers, particularly those who are neither voluntary nor regular members of the SSS, as governed by the existing rules and regulations of the PhilHealth.

Download the full text of the Implementing Rules and Regulations of RA 11210.

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