Markus Castro
- 105-day expanded maternity / parental leave now in full effect
- Mothers who gave birth from March 11, 2019, onwards can now enjoy the 105-day expanded maternity leave with full pay
- Philippine Civil Service Commission issues Implementing Rules and Regulation
Manila, Philippines — Republic Act No. 11210 or also known as the Expanded Maternity Leave Law is in now in full effect as Civil Service Commission (CSC), together with the Department of Labor and Employment (DOLE) and Social Security System (SSS), issued the Implementing Rules and Regulations (IRR).
Working mothers from the public and private sectors who gave birth from March 11, 2019, onwards can now enjoy the 105-day expanded maternity / parental leave with full pay, or the 60-day maternity leave with full pay in case of miscarriage or emergency termination of pregnancy.
“The expansion of maternity leave benefits is a very welcome development as it gives due consideration to the specific maternal health needs of female workers. We believe that female employees can be more capable of fulfilling their multiple roles at home and in the workplace if they are given ample time to rest and recover before and after giving birth or in the event of miscarriage or termination of pregnancy,” CSC Chairperson Alicia dela Rosa-Bala said.
Regardless the mode of delivery, the law grants 105 days of paid leave for live childbirth and an additional 15 days if the female worker qualifies as a solo parent under Republic Act No. 8972 or the Solo Parents’ Welfare Act of 2000.
In case of miscarriage or emergency termination of pregnancy, 60 days of paid leave will be granted to the female worker.
The law does not distinguish civil status, length of service, employment status, and legitimacy of the child in granting the benefit.
Additionally, female employees have the option to extend for an additional day without pay or use their earned sick leave credits. If the sick leave credits have been fully consumed, vacation leave credits may be used. A written notice must be given to the employer at least 45 days before the maternity / parental leave ends.
The female employee may allocate up to seven days of her maternity or parental leave to the child’s father, which is separate from the seven-day paternity leave granted under Republic Act No. 8187 or the “Paternity Leave Act of 1996.”
In case of death, absence, or incapacity of the child’s father, the female worker may allocate the seven days to an alternate caregiver.
If the female worker dies or becomes permanently incapacitated, the maternity leave benefits or the balance of such shall be given to the child’s father or to the alternate caregiver, provided that the leave benefits have not yet been commuted to cash.
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