Frequent Asked Questions re Expanded Maternity Leave Law

Frequent Asked Questions re Expanded Maternity Leave Law

President Rodrigo Roa Duterte signed into a law expanding the existing maternity leave benefits.

Under the new law, working mothers regardless of civil status—to extend their leave for another 30 days, but without pay. On the other hand, single mothers can have an additional 15-day paid leave. 

Seven of the 105 day leave benefit may be transferable to fathers. This is separate from the law mandated 7 day paternity leave provided under the 1996 Paternity Leave Act.

(photo credit to owner)

The old law allows only 60 days paid maternity leave for women for normal deliveries and 78 days for cesarean section deliveries. 

For further understanding of the new law, we are sharing the Frequent Asked Questions regarding the Expanded Maternity Leave Law.

(Prepared by the Deputy Speaker Pia S. Cayetano)

1. How many days of maternity leave are allowed under the law? 

Working mothers can file 105 days of Maternity Leave with full pay. They can also file an additional 30 Days of optional leave without pay. Mothers who suffered miscarriage can file 60 Days of Maternity Leave with full pay.

2. Who will benefit from this law? 

All working mothers in government, private sector, informal sector, or any SSS member with voluntary contribution

3. What are the additional benefits for solo parents? 

Qualified Solo Parents under the law are granted additional 15 Days of paid Maternity Leave, on top of the 105 Days.

4. Can an unmarried woman apply for a maternity leave?

 Yes. Maternity leaves are granted regardless of the mothers’ civil status or their children’s legitimacy.

5. Can working mothers re-apply for maternity leave if they get pregnant again? 

Yes. Working mothers can apply for maternity leave in every instance of pregnancy.

6. Can a working mother apply for maternity leave even after she gets terminated from work? 

Yes. A mother can still apply for maternity leave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated.

7.Will female athletes also benefit from this law? 

Yes. Female athletes are also entitled to the maternity leave benefits. They will also continue to receive allowances and benefits that were granted to them before their pregnancy.

8. Can a working mother transfer her maternity leave benefit to her husband or relative? 

 A working mother may allocate up to 7 Days of her maternity leave to the child’s father. In the absence, death, or incapacity of the father, the 7 Days may be allocated to a relative up to the 4th degree or to the mother’s current partner.

9 .How much should a working mother receive from her 105-Day maternity leave?

Working mothers who avail of maternity leave must receive their full pay.

10. Who will pay for them? In public sector: 

Working mothers will be paid by their respective agencies. 

In private sector: SSS will cover the payment, the amount of which will depend on the monthly salary credit of the female member.

In cases where the salaries of mothers are higher than the actual cash benefits they will receive from SSS, the employers are required to pay them a salary differential for the entire duration of their maternity leave.

11. What are the penalties for those who will violate this law?

Employers or agencies who violate this law will be fined from P20,000.00 to P200,000.00; or will be imprisoned for at least 6 years and 1 day or not more than 12 years. Moreover, their business permits shall no longer be renewed

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