RA 11210 : EXPANDED MATERNITY LEAVE LAW

On 20 February 2019, President Rodrigo Duterte signed a bill into a law which grants all female workers 105-days of maternity leave credits with full pay. This give mothers a longer opportunity to enjoy the bond with their newborn child and their respective families.

All pregnant female employees are covered regardless of their civil status or legitimacy of her child. They are given an option to extend for additional thirty (30) days without pay. Moreover, an employee that qualifies as a solo parent under the Republic Act 8972 or the the “Solo Parents’ Welfare Act” are entitled to an additional fifteen (15) days of maternity leave with pay. The maternity leave benefit cannot be waived but it should be used before or after the delivery, in an uninterrupted manner.

A total of seven (7) days of the 105 days leave credits can be allocated to the child’s father regardless of marriage. It can also be granted to a caregiver who may be a relative within the fourth degree of consanguinity, the current partner of the female worker sharing the same household upon election given the best interests of the child. On an instance that the mother dies or has been permanently incapacitated, the balance of her maternity leave credits will be transferred to the father or the qualified caregiver.

As stated in Section 8 of the law, this benefit will also be applied to all female workers who has terminated their service to the company for not more than fifteen (15) calendar days. This will be granted regardless of the situation of the employee, either childbirth, miscarriage or emergency termination of pregnancy.

Whoever neglects or decline to comply with the provisions of this Act will be fined of not less than Twenty thousand pesos (Php 20,000.00) nor more than Two hundred thousand pesos (Php 200,000.00). They will also be imprisoned for not less than six (6) years and one (1) day nor more than twelve (12) years or both. All authorities of the company who omits the provisions of the Act will be held liable.

Click here to read Republic Act No. 11210 in full.

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