Maternity Leave in the Philippines: 105 Days Under RA 11210
RA 11210 grants 105 days paid maternity leave for live childbirth, 60 days for miscarriage. Solo parents get 15 extra days. Up to 7 days transferable to the father.
Under Republic Act No. 11210 (Expanded Maternity Leave Law), all female workers in the Philippines — whether in the public or private sector — are entitled to 105 days of paid maternity leave for live childbirth. Solo parents receive an additional 15 days (120 total). For miscarriage or emergency termination of pregnancy, the leave is 60 days. Up to 7 days of the leave can be transferred to the child's father or an alternate caregiver.
Key Provisions of RA 11210
Signed into law on February 20, 2019, RA 11210 significantly expanded maternity benefits from the previous 60 days (normal delivery) or 78 days (cesarean section) under the old law. The key changes:
Coverage
RA 11210 covers all female workers regardless of:
- Civil status (married, single, separated)
- Employment status (regular, probationary, contractual, project-based)
- Sector (private, public, informal economy)
- Number of pregnancies (the old 4-pregnancy limit was removed)
- Legitimacy of the child
Workers in the informal economy who are SSS members are also covered, receiving the SSS maternity benefit directly.
Leave Duration
| Situation | Leave Days | Notes |
|---|---|---|
| Live childbirth (normal or cesarean) | 105 days | Paid |
| Solo parent live childbirth | 105 + 15 = 120 days | Additional 15 days under RA 11210 Sec. 3 |
| Miscarriage or emergency termination | 60 days | Paid |
| Optional unpaid extension | +30 days | At the employee's option, with employer notification |
The employee may allocate the leave before and after delivery as she sees fit, subject to the attending physician's advice.
Transfer of Leave Credits
The mother may transfer up to 7 days of her maternity leave to:
- The child's father, whether or not they are married
- An alternate caregiver — defined as any relative within the fourth degree of consanguinity or the current partner with whom she cohabits
The transfer must be in writing and submitted to the employer before the start of the leave.
SSS Maternity Benefit
The maternity leave is paid through the SSS maternity benefit. The computation is based on the member's average daily salary credit (ADSC):
Maternity Benefit = Average Daily Salary Credit × Number of Leave Days
The ADSC is computed from the member's six highest monthly salary credits in the 12-month period immediately before the semester of childbirth.
Example Computation
Employee Profile:
- Average daily salary credit: ₱690.00 (based on MSC of ₱20,000)
- Type: Live childbirth (normal delivery)
- Solo parent: No
| Component | Computation | Amount |
|---|---|---|
| SSS maternity benefit | ₱690.00 × 105 days | ₱72,450.00 |
If the employee is a solo parent:
| Component | Computation | Amount |
|---|---|---|
| SSS maternity benefit | ₱690.00 × 120 days | ₱82,800.00 |
Employer Reimbursement
The employer advances the maternity benefit to the employee and then files for reimbursement from SSS. The employer cannot require the employee to wait for SSS reimbursement before receiving payment. If the company's salary package already exceeds the SSS benefit, the company pays the difference.
Employer Obligations
- Grant the leave — Refusal to grant maternity leave is a violation of RA 11210, punishable by a fine of ₱20,000 to ₱200,000 (Sec. 10)
- Advance the payment — The employer pays the maternity benefit and seeks SSS reimbursement
- Accept the leave transfer — If the employee elects to transfer 7 days to the father or caregiver, the employer of the transferee must honor the leave
- Protect job security — Terminating or threatening to terminate a female employee for availing maternity leave is prohibited
- File SSS maternity notification — Submit SSS Maternity Notification form within the required period
Interaction With Other Leave Benefits
- Paternity leave (RA 8187): The father's 7 days of paternity leave is separate from the 7 transferable days. A married father could receive up to 14 days total (7 paternity + 7 transferred)
- Solo parent leave (RA 8972): The 7-day solo parent leave is also separate from the 15-day maternity extension. A solo mother can receive 120 days maternity + 7 days solo parent leave
- Service incentive leave (Art. 95, Labor Code): Maternity leave days do not consume SIL credits
Related Guides
- Employee Leave Entitlements in the Philippines — Complete guide to all statutory leave types
- Paternity Leave: 7 Days Under RA 8187 — Paternity leave eligibility and rules
- Solo Parent Leave: 7 Days Under RA 8972 — Solo parent leave requirements
- SSS Contribution Table Guide — Understanding salary credits for benefit computation
Legal References
- Republic Act No. 11210 — Expanded Maternity Leave Law (2019)
- IRR of RA 11210 — DOLE-SSS-CSC Joint Rules and Regulations
- Republic Act No. 8187 — Paternity Leave Act of 1996
- Republic Act No. 8972 — Solo Parents' Welfare Act of 2000
- Republic Act No. 11199 — Social Security Act of 2018 (SSS maternity benefit)
This guide is for informational purposes only and does not constitute legal, tax, or financial advice. While we strive for accuracy by citing official Philippine laws and government circulars, regulations change. Consult a qualified professional or the relevant government agency for advice specific to your situation.
Frequently Asked Questions
- Who pays the maternity leave benefit — the employer or SSS?
- The SSS pays the maternity benefit based on the member's average daily salary credit. The employer advances the payment to the employee and is reimbursed by SSS. If the employer provides a higher maternity benefit than the SSS amount, the difference is shouldered by the employer.
- Is maternity leave available for all pregnancies, including the 5th child?
- Yes. RA 11210 removed the four-pregnancy limit that existed under the old law (RA 7322). All female workers are entitled to maternity leave for every pregnancy, regardless of the number of pregnancies or whether the child is legitimate or illegitimate.
- Can the father use the 7 transferable days even if he already has paternity leave?
- Yes. The 7 days transferred from the mother's maternity leave are separate from and in addition to the 7-day paternity leave under RA 8187. However, the father must be married to the mother to claim paternity leave, while the maternity leave transfer can go to an alternate caregiver if there is no father.
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