Get to know the 105-Day Expanded Maternity Leave Law

Working mothers are indeed superb. They are not only strong physically but mentally as well. It is not an easy task to raise your children while working at the same time.

Good news to all the soon to be moms out there. President signed a Law dedicated for you.

What do you need to know about the 105-Day Expanded Maternity Leave Law?

The 105 Day Expanded Maternity Leave Law extends the former 60-day paid maternity leave to 105 days for live childbirth regardless of the mode of delivery.

Additional fifteen (15) days paid leave is given if the female worker qualifies as a solo parent. A total of 120 days leave with pay can be availed.

The law grants sixty (60) days paid maternity leave for miscarriage or emergency termination of pregnancy. An additional 30 days extension can be avail without payment.

President Rodrigo Roa Duterte signed the Law on 20 February 2019. It became effective on 11 March 2019. The law was passed to help mothers regain health and overall wellness, and for mothers to spend more time with their baby.

The new law grants maternity leave to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency. Previously, SSS only pays for the first four (4) deliveries or miscarriages.

Can I transfer the leave credits to my husband or partner?

You are entitled to allocate up to seven (7) days to the child’s father, whether or not the father is married to you.

However, in case of death, absence, or incapacity of the child’s father, the female worker may allocate up to seven (7) days of said benefits to an alternate caregiver. 

A. The 105-Day Expanded Maternity Leave Law (“EMLL”) shall cover the following:

1. female workers in the public sector;

2. female workers in the private sector;

3. female workers in the informal economy;

4. female workers who are voluntary contributors to the SSS; and

5. female national athletes.

Enjoyment of maternity leave should be availed of either before or after the actual period of delivery, in a continuous and uninterrupted manner.

Employers from the private sectors shall pay for the difference between the full salary and the actual cash benefits received from the SSS.

Source: SSS

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