105-Day Expanded Maternity Leave Law.

Case Overview and Summary

Summary of Republic Act No. 11210 (105-Day Expanded Maternity Leave Law)

Maternity Leave Provisions:
- All covered female workers in government and private sector, including informal economy, are granted 105 days maternity leave with full pay. (Section 3)
- Solo parents are granted an additional 15 days maternity leave with full pay. (Section 3)
- Maternity leave can be availed before or after delivery in a continuous manner, not exceeding 105 days. (Section 3)
- Maternity leave is granted for every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency. (Section 3)
- For miscarriage or emergency termination of pregnancy, 60 days maternity leave with full pay is granted. (Section 3)

Government Sector:
- Female workers in government service are granted 105 days maternity leave with full pay, regardless of employment status or delivery method. (Section 4)
- Solo parents are granted an additional 15 days maternity leave with full pay. (Section 4)
- An additional 30 days maternity leave without pay can be availed, with prior notice. (Section 4)
- For miscarriage or emergency termination of pregnancy, 60 days maternity leave with full pay is granted. (Section 4)

Private Sector:
- Female workers in the private sector are granted 105 days maternity leave with full pay, regardless of delivery method. (Section 5)
- For miscarriage or emergency termination of pregnancy, 60 days maternity leave with full pay is granted. (Section 5)
- SSS members who paid at least 3 monthly contributions in the 12-month period preceding childbirth are paid daily maternity benefits based on average monthly salary credit for 105 days. (Section 5)
- Employers must advance the full payment within 30 days and will be reimbursed 100% by SSS. (Section 5)
- Solo parents are granted an additional 15 days maternity leave with full pay. (Section 5)
- An additional 30 days maternity leave without pay can be availed, with prior notice. (Section 5)
- Employers are responsible for paying the salary differential between SSS benefits and regular wages, with some exceptions. (Section 5)

Allocation of Maternity Leave Credits:
- Female workers can allocate up to 7 days of maternity leave benefits to the child's father or an alternate caregiver, with written notice to employers. (Section 6)
- This benefit is in addition to the Paternity Leave Act. (Section 6)
- If the female worker dies or is permanently incapacitated, the balance of maternity leave benefits accrues to the father or qualified caregiver. (Section 6)

Maternity Leave for Women Regardless of Civil Status:
- All female workers in government and female SSS members, regardless of civil status, are granted maternity leave with full pay. (Section 7)

Maternity Leave After Termination of Service:
- Maternity leave with full pay is granted if childbirth, miscarriage, or emergency termination of pregnancy occurs within 15 calendar days after termination of service. (Section 8)
- If employment was terminated without just cause, the employer must pay the full amount equivalent to 105 days salary for childbirth and 60 days for miscarriage or emergency termination, in addition to other applicable benefits. (Section 8)

Maternity Leave Credits:
- Maternity leave can be credited as combinations of prenatal and postnatal leave, as long as it does not exceed 105 days and compulsory postnatal leave is not less than 60 days. (Section 9)

Maternity Benefits for Informal Economy and Voluntary SSS Contributors:
- Maternity benefits cover all married and unmarried women, including female workers in the informal economy. (Section 10)
- Female workers in the informal economy are entitled to maternity leave benefits if they have remitted at least 3 monthly contributions to SSS in the 12-month period preceding childbirth, miscarriage, or emergency termination of pregnancy. (Section 10)

Maternity Benefits for Non-SSS Members:
- Female workers who are neither voluntary nor regular SSS members are governed by PhilHealth Circular No. 022-2014 on "Social Health Insurance Coverage and Benefits for Women About to Give Birth." (Section 11)

Maternity Leave with Pending Administrative Case:
- Maternity leave benefits are enjoyed by female workers in government and private sector even if they have a pending administrative case. (Section 12)

Maternity Leave for Female National Athletes:
- Pregnant national athletes will be referred to a physician to determine fitness for training. (Section 13)
- They will be allowed to participate in team activities unless advised otherwise by the physician. (Section 13)
- They will go on maternity leave upon medical advice and continue receiving allowance and benefits up to 6 months after childbirth, unless cleared to return sooner. (Section 13)
- Female national athletes employed in the public sector shall not receive double compensation or benefits. (Section 13)

Non-Diminution of Benefits:
- The Act shall not diminish existing maternity benefits granted under collective bargaining agreements or present laws, if more beneficial to the female worker. (Section 14)
- Other working arrangements during the additional maternity leave period are allowed with the female worker's written consent, upholding her maternal functions and postnatal care requirements. (Section 14)

Security of Tenure:
- Those who avail of the benefits of this Act are assured of security of tenure. (Section 15)
- Availing of the benefits shall not be used as basis for demotion, termination, or constructive dismissal. (Section 15)
- Transfer or reassignment to a parallel position in the same agency or private enterprise is allowed, without reduction in rank, status, or salary. (Section 15)

Non-Discrimination:
- No employer in the public or private sector shall discriminate against the employment of women to avoid the benefits provided in this Act. (Section 16)

Periodic Review:
- The CSC, DOLE, SSS, and Gender Ombud of CHR shall conduct a review of maternity leave benefits within 1 month after the Act's effectivity, and thereafter include it in their valuation reports every 4 years for SSS and DOLE, and every 3 years for CSC, or more frequently as necessary. (Section 17)

Penalties:
- Failure or refusal to comply with the Act is punishable by a fine of not less than P20,000 nor more than P200,000, or imprisonment of not less than 6 years and 1 day nor more than 12 years, or both. (Section 18)
- If the offense is committed by an association, partnership, corporation, or institution, its managing head, directors, or partners shall be liable. (Section 18)
- Failure to comply with the Act is a ground for non-renewal of business permits. (Section 18)

Implementing Rules and Regulations:
- The CSC, DOLE, and SSS shall issue the necessary rules and regulations for the effective implementation of this Act within 60 days from its effectivity. (Section 19)

Separability Clause:
- If any provision of this Act is declared unconstitutional or invalid, the validity of the other provisions shall not be affected. (Section 20)

Repealing Clause:
- All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. (Section 21)

Effectivity:
- This Act shall take effect after 15 days from its publication in the Official Gazette or in a newspaper of general circulation. (Section 22)