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Expanded maternity leave approved and implemented

The Expanded Maternity Leave Law (Republic Act No. 11210) was enacted on February 20, 2019, and its implementing rules and regulations (IRR) were put in effect on May 1.

 

The Expanded Maternity Leave Law provides working mothers in the Philippines with better maternity benefits, extends the allowable duration of paid absences that working mothers can use to recover, provide care for their infant, and enjoy their motherhood.

 

The Expanded Maternity Leave Law covers the following key provisions:

 

  1. Increased maternity leave days

    The Expanded Maternity Leave Law grants working mothers with 105 days of paid maternity leaves, instead of the previous 60 days for normal delivery and the 78 days for caesarean delivery. The 105-day allowance is standard regardless of the mother’s mode of delivery, civil status, employment status, and legitimacy of the child.

  2. Benefits for female workers who are solo parents

    In addition to the standard 105 days of maternity leave, single mothers also get an additional 15 days of paid leaves. The female employee must qualify as a solo parent (described in detail under the Solo Parents’ Welfare Act of 2000) to claim this benefit.

  3. An option for working mothers to extend their leave

    Working mothers can also request to extend their maternity leave for another 30 days. However, these additional leaves are without pay. The working mother must inform her employer at least 45 days before the maternity leave period ends.

  4. No limit to the frequency of pregnancies

    The expanded legislation removes the original maternity law’s 4-pregnancy cap. The previous provisions limited the number of times that a working mother can claim maternity benefits.

  5. Benefits for the working father

    Fathers benefit from the new law, as well. The working mother can transfer a maximum of seven (7) maternity leave days to the father, even if they are not married. Combined with the 7 days of their own paid paternity leave, the father can get a total of 14 days of allowed absences.

    Should the child’s biological father be absent, the 7 days can be transferred to a fourth-degree relative or to the current partner of the working mother.

 

Additional details on the Expanded Maternity Leave Law

 

  • In the event of a miscarriage or terminated pregnancy, female workers are given 60 days of paid maternity leave. This gives the female worker adequate time to physically and mentally recover from the experience.
  • Female national athletes, female workers in the informal sector, and voluntary contributors to the Social Security System (SSS) are also covered by the Expanded Maternity Leave Law.
  • Those who do not comply with the rules of the new maternity law will be fined a minimum of Php 20,000 and a maximum of Php 200,000. Violators may also face imprisonment for six to 12 years. Businesses, partnerships, corporations, and private enterprises in violation of this law will not be allowed to renew their business permits.

 

Learn more about the pertinent laws that affect your business in the Philippines. Consult with FilePino today. Call +1806.553.6552 (USA) or +63.917.892.2337 (Philippines).