S. No.
1305
H. No. 4113
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[ R e p u b l ic A ct N o . 11210 )
AN ACT INCREASING THE MATERNITY LEAVE
PERIOD TO ONE HUNDRED FIVE (105) DAYS
FOR FEMALE WORKERS WITH AN OPTION TO
EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS
WITHOUT PAY, AND GRANTING AN ADDITIONAL
FIFTEEN (15) DAYS FOR SOLO MOTHERS, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section l. Short Title. - This Act shall be known and
cited as the “105-Day Expanded Maternity Leave Law”.
Sec . 2. Declaration of Policy. — It is the declared pohey
of the State under Article XIII, Section 14 of the 1987
Constitution to protect and promote the rights and welfare of
working women, taking into account their maternal functions,
and to provide an enabling environment in which their full
potential can be achieved.
Article II, State Policies, Section 12 of the 1987
Constitution provides that the State recognizes the sanctity of
family life and shall protect and strengthen the family as the
basic autonomous social institution and that it shall equally
protect the hfe of the mother and the life of the unborn from
conception. Moreover, Sections 17 and 22 of Republic Act
No. 9710, otherwise known as “The Magna Carta of Women”,
provides for women’s rights to health and decent work.
To achieve these, and in recognition of women’s maternal
function as a social responsibility, the S tate shall
institutionahze a mechanism to expand the maternity leave
period of women workers. This will provide them with ample
transition time to regain health and overall wellness as well
as to assume maternal roles before resuming paid work. This
Act is consistent with local and international legal instruments
that protect and promote the rights of women.
Sec . 3. Grant of Maternity Leave. - All covered female
workers in government and the private sector, including those
in the informal e c o n o m y , regardless of civil status or the
legitimacy of her child, shall be granted one hundred five (105)
days maternity leave with full pay and an option to extend
for an additional thirty (30) days without pay: Provided, That
in case the worker qualifies as a solo parent under Republic
Act No. 8972, or the “Solo Parents’ Welfare Act”, the worker
shall be granted an additional fifteen (15) days maternity leave
with full pay.
Enjoyment of maternity leave cannot be deferred but
should be availed of either before or after the actual period
of delivery in a continuous and uninterrupted manner, not
exceeding one hundred five (105) days, as the case may be.
Maternity leave shall be granted to female workers in
every instance of pregnancy, miscarriage or emergency
termination of pregnancy, regardless of frequency: Provided,
That for cases of miscarriage or emergency termination of
pregnancy, sixty (60) days maternity leave with full pay shall
b e g r a n te d .
Se c . 4. Maternity Leave for Female Workers in the
Public Sector. - Any p reg n an t female w orker in the
government service, regardless of employment status, in
National Government Agencies (NGAs), Local Government
Units (LGUs), Government-Owned or -Controlled Corporations
(GOCCs), or State Universities and Colleges (SUCs), shall be
granted a maternity leave of one hundred five (105) days with
full pay regardless if the delivery was normal or caesarian:
Provided, That, in case the employee qualifies as a solo parent
under Republic Act No. 8972, or the “Solo Parents’ Welfare
Act”, the employee shall be paid an additional maternity
benefit of fifteen (15) days. An additional maternity leave of
thirty (30) days, without pay, can be availed of, at the option
of the female worker: Provided, further. That, the head of the
agency shall be given due notice, in writing, at least
forty-five (45) days before the end of her maternity leave:
Provided, finally. That no prior notice shall be necessary in
the event of a medical emergency but subsequent notice shall
be given to the head of the agency.
Maternity leave of sixty (60) days, with full pay, shall
be granted for miscarriage or emergency term ination of
pregnancy.
Se c . 5. Maternity Leave for Female Workers in the
Private Sector. - Any pregnant female worker in the private
sector shall be granted a maternity leave of one hundred five
(105) days with full pay, regardless of whether she gave birth
via caesarian section or natural dehvery, while matermty leave
of sixty (60) days with full pay shall be granted for miscarriage
or emergency termination of pregnancy.
(a) A female Social Security System (SSS) member who
has paid at least three (3) monthly contributions in the twelve
(12)-month period immediately preceding the semester of her
childbirth, miscarriage, or emergency termination of pregnancy
shall be paid her daily maternity benefit which shall be
computed based on her average monthly salary credit for one
hundred five (105) days, regardless of whether she gave birth
via caesarian section or natural delivery, subject to the
following conditions:
(1) That the female worker shall have notified her
employer of her pregnancy and the probable date of her
childbirth, which notice shall be transmitted to the SSS in
accordance with the rules and regulations it may provide;
(2) That the full payment shall be advanced by the
employer within thirty (30) days from the filing of the
maternity leave apphcation;
(3) That payment of daily maternity benefits shall be a
bar to the recovery of sickness benefits provided under Repubfic
Act No. 1161, as amended, for the same period for which daily
maternity benefits have been received;
(4) That the SSS shall immediately reimburse the
employer of one hundred percent (100%) of the amount of
maternity benefits advanced to the female worker by the
employer upon receipt of satisfactory and legal proof of such
payment; and
(5) That if a female worker should give birth or suffer
a miscarriage or emergency termination of pregnancy without
the required contnbutions having been remitted for her by her
employer to the SSS, or without the latter having been
previously notified by the employer of the time of the
pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said female member would
otherwise have been entitled to.
In case the employee qualifies as a solo parent under
Repubhc Act No. 8972, or the “Solo Parents’ WeKare Act”, the
employee shall be paid an additional maternity benefit of
fifteen (15) days.
(b) An additional maternity leave of thirty (30) days,
without pay, can be availed of, at the option of the female
worker: Provided, That the employer shall be given due notice,
in writing, at least forty-five (45) days before the end of her
maternity leave: Provided, further. That no prior notice shall
be necessary in the event of a medical emergency but
subsequent notice shall be given to the head of the agency.
(c) Workers availing of the maternity leave period and
benefits must receive their full pay. Employers from the
private sector shall be responsible for payment of the salary
differential between the actual cash benefits received from the
SSS by the covered female workers and their average weekly
or regular wages, for the entire duration of the maternity
leave, with the following exceptions, subject to the guidelines
to be issued by the Department of Labor and Employment
(DOLE);
(1) Those operating distressed establishments;
(2) Those retail/service establishm ents and other
enterprises employing not more than ten (10) workers;
(3) Those considered as micro-business enterprises and
engaged in the production, processing, or manufacturing of
products or commodities including agro-processing, trading, and
services, whose total assets are not more than Three milhon
pesos (P3,000,000.00); and
(4) Those who are already providing similar or more
than the benefits herein provided.
Provided, That said exemptions shall be subject to an
annual submission of a justification by the employer claiming
exemption for the approval of the DOLE.
Se c . 6. Allocation of Maternity Leave Credits. - Any
female worker entitled to maternity leave benefits as provided
for herein may, at her option, allocate up to seven (7) days
of said benefits to the child’s father, whether or not the same
is married to the female worker: Provided, That in the death,
absence, or incapacity of the former, the benefit may be
allocated to an alternate caregiver who may be a relative
within the fourth degree of consanguinity or the current
partner of the female worker sharing the same household,
upon the election of the mother taking into account the best
interests of the child; Provided, further, That written notice
thereof is provided to the employers of the female worker and
alternate caregiver: Provided, furthermore. That this benefit
is over and above that which is provided under Repubhc Act
No. 8187, or the “Paternity Leave Act of 1996”: Provided,
finally. That in the event the beneficiary female worker dies
or is permanently incapacitated, the balance of her maternity
leave benefits shall accrue to the father of the child or to a
qualified caregiver as provided above.
Sec . 7. Maternity Leave for Women Regardless of Civil
Status. - All female workers in the government and female
members of the SSS, regardless of their civil status, shall be
granted maternity leave, with full pay, upon comphance with
the preceding section.
Sec . 8. Maternity Leave With Pay in Case of Childbirth,
Miscarriage, or Emergency Termination of Pregnancy After
the Termination of an Employee’s Service. - Maternity leave
with full pay shall be granted even if the childbirth,
miscarriage, or emergency termination of pregnancy occurs not
more than fifteen (15) calendar days after the termination of
an employee’s service, as her right thereto has already
accrued: Provided, That such period is not applicable when
the employment of the pregnant woman worker has been
terminated without just cause, in which case the employer will
pay her the full amount equivalent to her salary for one
hundred five (105) days for childbirth and sixty (60) days for
miscarriage or emergency termination of pregnancy based on
her full pay, in addition to the other apphcable daily cash
maternity benefits that she should have received had her
employment not been illegally terminated.
Sec . 9. Maternity Leave Credits. - The maternity leave
can be credited as combinations of prenatal and postnatal leave
as long as it does not exceed one hundred five (105) days and
provided that compulsory postnatal leave shall not be less than
sixty (60) days.
Sec . 10. Maternity Leave Benefits for Women in the
Informal Economy and Voluntary Contributors to the SSS.
- Maternity benefits shall cover all married and unmarried
women, including female workers in the informal economy.
Female workers in the informal economy are entitled to
maternity leave benefits if they have remitted to the SSS at
least three (3) monthly contributions in the twelve (12)-month
period immediately preceding the semester of her childbirth,
miscarriage, or emergency termination of pregnancy.
Sec . 11. Maternity Benefits for Female Workers Who are
Non-Members of the SSS. - Female workers who are neither
voluntary nor regular members of the SSS shall be governed
by the Philippine Health Insurance Corporation (PhilHealth)
Circular No. 022-2014 or the “Social Health Insurance Coverage
and Benefits for Women About to Give Birth”.
Sec . 12. Maternity Leave of a Female Worker With
Pending Administrative Case. - The maternity leave benefits
granted under this Act shall be enjoyed by a female worker
in the government service and in the private sector even if
she has a pending administrative case.
S ec . 13. Maternity Leave for Female National Athletes.
- In the event a national athlete becomes pregnant, she will
be referred to the team physician or an accredited
physician of the Philippine Sports Commission (PSC) or an
obstetrician-gynecologist to determine her fitness to continue
training. She will be allowed to participate in all team-related
activities, unless the physician advises that participation is not
medically safe or should be limited. Upon medical advice, she
shall go on maternity leave until cleared to return to training.
She shall continue receiving her allowance and be entitled to
the same benefits while on maternity leave prior to childbirth
and up to six (6) months after, unless she can resume sooner
as advised by her physician, in which case, she will be entitled
to the allowance and benefits she had prior to pregnancy:
Provided, That a female national athlete employed in the
public sector shall not receive double compensation or benefits.
Sec . 14. Non-Diminution of Benefits. - Nothing in this
Act shall be construed as to diminish existing maternity
benefits currently enjoyed whether or not these are granted
under collective bargaining agreements (CBA) or present laws,
if the same are more beneficial to the female worker. Any
other working arrangement which the female worker shall
agree to, during the additional maternity leave period, shall
be allowed: Provided, That this shall be consented to in
8
writing by the female worker and shall primarily uphold her
maternal functions and the requirements of postnatal care.
Sec . 15. Security of Tenure. - Those who avail of the
benefits of this Act, whether in the government service or
private sector, shall be assured of security of tenure. As such,
the exercise of this option by them shall not be used as basis
for demotion in employment or termination. The transfer to
a parallel position or reassignment from one organizational
unit to another in the same agency or private enterprise shall
be allowed: Provided, That it shall not involve a reduction in
rank, status, salary, or otherwise amount to constructive
dismissal.
Sec . 16. Non-Discrimination. - No employer whether
in the pubhc or private sector shall discriminate against the
employment of women in order to avoid the benefits provided
for in this Act.
Sec. 17. Periodic Review. - The Civil Service Commission
(CSC), the DOLE, the SSS, and the Gender Ombud of the
Commission on Human Rights (CHR), in consultation with
tra d e unions, labor organizations, and em ployers’
representatives shall within one (1) month after the effectivity
of this Act conduct a review of the maternity leave benefits
of female workers in the government service and the private
sector, respectively. Thereafter, they shall include maternity
leave benefits in their valuation report conducted every four
(4) years for the SSS and the DOLE and every three (3) years
for the CSC, or more frequently as may be necessary, with
the end in view of meeting the needs of pregnant women and
newly-born infants, and improving their welfare.
Sec . 18. Penalties. - Whoever fails or refuses to comply
with the provisions of this Act shall be punished by a fine
of not less than Twenty thousand pesos (P20,000.00) nor more
than Two hundred thousand pesos (P200,000.00), and
imprisonment of not less than six (6) years and one (1) day
nor more than twelve (12) years or both. If the act or omission
penalized by this Act shall be committed by an association,
partnership, corporation, or any other institution, its managing
head, directors, or partners shall be hable to the penalties
provided in this Act for the offense.
Failure on the part of any association, partnership,
corporation, or private enterprise to comply with the provisions
of this Act shall be a ground for non-renewal of business
permits.
Sec . 19. Implementing Rules and Regulations. - The
CSC, the DOLE, and the SSS shall issue the necessary rules
and regulations for the effective implementation of this Act
within sixty (60) days from the effectivity of the same.
Sec . 20. Separability Clause. - If any provision of this
Act is declared unconstitutional or otherwise invalid, the
validity of the other provisions shall not be affected thereby.
Sec . 21. Repealing Clause. - All laws, decrees, orders,
rules and regulations or parts thereof inconsistent with this
Act are hereby repealed or modified accordingly.
Sec . 22. Effectivity. - This Act shall take effect after
fifteen (15) days from its pubUcation in the Official Gazette
or in a newspaper of general circulation.
Approved,
GLORIA MACAPAGAL-ARROYO VICF.NlI E C. SOTTO III
Speaker of the House President of the Senate
of Representatives
This Act which is a consohdation of Senate Bill No. 1305
and House Bill No. 4113 was passed by the Senate and the
House of R epresentatives on November 14, 2018 and
November 19, 2018, respectively.
Dante Roberto ^^^Maling MYRA MARIE D . VILLARICA
Acting Secretary Jjeneral Secretary of the Senate
House of Representatives
Approved; FEB 2 0 2019
RODRIO© ROA DUTERTE
President of the Philippines
R E PU B L IC OP T R P H IL IP P Z n S
PRJU) 2 0 1 6 - 009448
