Updated May 8, 2025 by Sharlyn Lao
Maternity leave and benefits are vital for several reasons. First and foremost, they provide mothers with the necessary time to recover from childbirth and bond with their newborns, which is crucial for both physical and emotional health. Studies have shown that adequate maternity leave contributes to improved maternal mental health, better infant care, and enhanced family dynamics.
Furthermore, these policies also promote gender equality in the workplace by encouraging women's participation in the labor force while simultaneously supporting their roles as caregivers.
Legal Framework
The legal framework governing maternity leave and benefits in the Philippines is primarily encapsulated in Republic Act No. 11210, known as the Expanded Maternity Leave Law. This law provides the following:
- Female employees with 105 days of paid maternity leave regardless of whether she gave birth via caesarian section or natural delivery
- An option to extend for an additional 30 days without pay
- Grants an additional 15 days paid benefit for workers that qualify as a solo parent under Republic Act No. 8972, or the "Solo Parents’ Welfare Act"
- On the other hand, maternity leave of 60 days with full pay shall be granted for miscarriage or emergency termination of pregnancy
During the maternity leave period, employees are entitled to receive their full salary. For those who are SSS contributors, employers are required to pay differential between the employee's salary and the SSS benefit.
The legislation is applicable to both public and private sectors, ensuring that all working mothers have access to the same benefits.
Eligibility for Maternity Leave and Benefits in the Philippines
Understanding eligibility for maternity leave and benefits is crucial for expectant mothers in the Philippines. The provisions outlined in the Expanded Maternity Leave Law and related regulations specify who qualifies for these benefits, ensuring that working women can take the necessary time off to recover from childbirth and care for their newborns.
Employment Status Requirements
To qualify for maternity leave and benefits in the Philippines, an employee must be formally employed. This includes those working in both the private and public sectors, given that the worker has notified her employer of her pregnancy and the probable date of her childbirth.
Note that the Expanded Maternity Leave Law covers various employment situations, including regular, contractual, and casual workers. However, self-employed individuals and those who work in informal sectors may have different eligibility criteria and should consult local regulations or organizations for guidance.
Contribution to Social Security System
For employees in the private sector, another essential criterion for accessing maternity benefits is the employee’s contribution to the Social Security System (SSS). To qualify for paid maternity leave, female employees must have made at least three monthly contributions to the SSS within the 12-month period preceding the semester of their childbirth. This contribution ensures that mothers receive financial support during their maternity leave, as the SSS provides a portion of their salary during this period.
For those who do not meet the contribution requirements, it is crucial to explore alternative options that may be available through their employers or alternative benefit programs.
Requirements for Maternity Leave
It is important for expectant mothers to be aware of the process for claiming maternity benefits. This includes the following:
- Employees must notify their employers of their pregnancy and the date of their childbirth.
- 60 days prior of the requested maternity leave, employees must fill out the Maternity Notification Form and present their employers and the SSS with copies of the form. This form typically requires details such as the expected date of delivery, the requested start date for the leave, and the duration of leave requested.
- After birth, employees should file for Maternity Reimbursement Application Form to SSS to reimburse financial support for maternity leave.
The Pillar of Parental Equity
Recognizing that parenting is a shared responsibility, the Philippines also provides paternity leave for fathers. Republic Act No. 8187 or "The Paternity Leave Act of 1996" allows married male employees to take up to 7 days of paid leave following the birth of their child. This provision not only supports fathers in bonding with their newborns but also encourages a more equitable distribution of childcare tasks between parents.
Allocation of Maternity Leave Credits
According to SSS, on top of the existing paternity leave provided to fathers, female members have the option to allocate maternity leave credits of up to 7 days to the child’s father (married or not) or to the qualified alternate caregiver (a relative within 4th degree of consanguinity or the current partner of the member sharing the same household). The maternity leave credits shall be reduced accordingly, depending on the number of days allocated to the child’s father or to the qualified alternate caregiver. This, however, is not applicable in case the female worker suffers miscarriage or ETP.
To avail this benefit, the child’s father or qualified alternate caregiver must present to their employer a written notice from the member stating the number of allocated days, as proof of allocation. The allocated leave credits may be enjoyed either in a continuous or an intermittent manner within the maternity leave period of the female member.
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