WELCOME

TO THE SSS ONLINE SEMINAR

“EXPANDED MATERNITY LEAVE LAW”
(EMLL)
POLICY OF THE STATE & OBJECTIVE OF 105-DAY
EXPANDED MATERNITY LEAVE LAW (EMLL)
✓ 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.
✓ To protect and strengthen the family as the basic autonomous
social institution and that it shall equally protect the life of the
mother and the life of the unborn from conception.
✓ To provide women with ample transition time to regain health and
overall wellness as well as to assume maternal roles
 T I M E L I N E
105-DAY EXPANDED MATERNITY LEAVE

DATE OF
EFFECTIVITY SIGNING OF IRR
DATE OF (15 DAYS AFTER Deadline: May 7
not later than 60 days
SIGNING PUBLICATION) after effectivity

FEB 20 MAR 11 MAY 1

FEB 23 AP 5,11,25
PUBLICATION TO PUBLIC
MANILA BULLETIN CONSULTATION
MEETINGS FOR
THE IRR
 COVERAGE OF THE PROGRAM
ALL FEMALE WORKERS
who have:
PUBLIC SECTOR ✓ Given birth
✓ Miscarriage or Emergency
Termination of Pregnancy
PRIVATE SECTOR
Regardless of:
✓ Civil status, employment status,
INFORMAL ECONOMY legitimacy of her child, and
✓ Frequency of pregnancy

VOLUNTARYCONTRIBUTORS TO THE SSS

FEMALE NATIONAL ATHLETES

 QUALIFYING CONDITIONS

Notified the SSS Paid at least 3 months

thru her contributions within the
employer 12-month period prior to
semester of contingency
QUARTER - refers to 3 consecutive months ending the
month of March, June, September and December

January - March
1st
April - June
2nd
July - September
3rd
October - December
4th
SEMESTER - refers to 2 consecutive quarters ending
with the quarter of contingency.

Oct
JAN – Apr – July –
2019 –
JUN Sept Dec
Mar
2019 2019 2019 2020
 Expanded Maternity Leave Law
Benefits Granted
1. Paid leave benefit granted to a qualified female worker
in the public and private sector, for the duration of:
➢ 105 Days – any instance of live childbirth (normal or CS)
➢ 120 Days – additional 15 days for solo parent under
R.A. No 8972 or Solo Parents’ Welfare Act
➢ 60 Days – miscarriage or emergency termination of
pregnancy (ETP) including stillbirth
Employed female workers shall receive
FULL PAY which consists of:
SSS Maternity Salary differential to be
Benefit paid by the employer
 Expanded Maternity Leave Law
2. Option to extend for additional 30 days without pay in
case of live childbirth, provided that the employer shall
be given due notice

3. Paid maternity leave and allowances and benefits

granted to female national athletes; and

4. Health care services for pre-natal, delivery, postpartum

and pregnancy-related conditions as governed by the
existing rules and regulations of the PhilHealth
 AMOUNT OF MATERNITY BENEFIT
✓Daily Cash Allowance equivalent to 100% of female
member’s Average Daily Salary Credit for a compensable
period of 105, 120 or 60 days, as the case maybe.
✓ Employers shall pay salary differential.
EMPLOYERS EXEMPTED IN GIVING SALARY DIFFERENTIAL:

Micro-business enterprises
Distressed
with total assets of not
establishments more than P3M
Retail/service
Those with similar or more
establishments with
than the proposed benefits
not more than 10 workers
✓ Application for Exemption shall be submitted to DOLE every 1st quarter of the year
 MANNER OF PAYMENT

Advanced by the employer

within 30 Days
from the filing of Maternity Leave Application

SSS shall pay directly to:

✓member whose contingency occurred during employment but
currently unemployed, temporarily laid off, or company is on
lock-out or experiencing a labor strike

✓Unemployed, Self-employed, Voluntary Members,

OFWs, Non-working spouse
 MANNER OF ENJOYMENT OF
THE MATERNITY BENEFIT
▪ Availed of in a continuous and uninterrupted manner.
▪ Can be credited as combinations of prenatal and
postnatal leave as long as it does not exceed 105 days,
120 days, or 60 days, as the case may be.
▪ Postnatal care shall not be less than 60 days.
▪ Granted in every instance of pregnancy, miscarriage or
termination of pregnancy regardless of frequency.
MATERNITY BENEFIT
FORMS
 MATERNITY
NOTIFICATION FORM
MATERNITY BENEFIT
REIMBURSEMENT
APPLICATION FORM
MATERNITY BENEFIT
APPLICATION
SAMPLE COMPUTATIONS
COMPUTATION OF SSS MATERNITY BENEFIT
1. Exclude the semester of contingency
2. Select the six highest monthly salary credits within the
12-month period immediately preceding the semester
of contingency
3. Divide the total monthly salary credit by 180 to get
the average daily salary credit (ADSC)
4. Multiply the ADSC by 105 days
120 days (Solo Parent)
60 days (miscarriage/ETP)
Sample Computation
Type of Delivery Delivery Date No. of Days
Normal / Caesarian July 1, 2019 105 days

MONTHLY SALARY CREDITS

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2019 16,000 16,000 0 16,000 16,000 16,000 16,000 16,000 0 0 0 0

2018 16,000 16,000 16,000 16,000 16,000 16,000 16,000 16,000 16,000 16,000 16,000 16,000

Exclude the semester of contingency: April – September 2019

12 month period before semester of contingency: April 2018 – March 2019
 Sample Computation
2018 Sept 16,000
Sum of the 6 highest MSC 2018 Oct 16,000
from the 12 month period 2018 Nov 16,000
preceding the semester of 2018 Dec 16,000
contingency 2019 Jan 16,000
2019 Feb 16,000
Total Monthly Salary Credits 96,000
Divided by: / 180
Average Daily Salary Credit 533.333
Multiplied by: 105 days
Amount of Benefit: P 56,000.00
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
1. Determine the amount of full pay
“Full pay refers to actual remuneration or earnings
paid by an employer to a worker for services
rendered on normal working days and hours not
lower than the wage rate fixed by the Regional
Tripartite Wages and Productivity Board (RTWPB)
including allowances provided for under existing
company policy or collective bargaining
agreement, if any. Full pay in the public sector, on
the other hand, includes the basic salary and
allowances as may be provided under existing
guidelines.” (Section 1 (j), Rule II of IRR of RA 11210)
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
1. Determine the amount of full pay

Full pay = monthly salary x maternity period in months

Monthly salary = (daily rate x factor)/12
Full pay = [(daily rate x factor)/12] x maternity period in
months
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
1. Determine the amount of full pay
Full pay = [(daily rate x factor)/12] x maternity
period in months
Daily rate - ₱1,280.00 Factor:
Factor - 313 313 (for 1 Rest Day);
261 (for 2 rest days);
ML period - 105 days (3.5months)

Full pay = [(₱1,280.00 x 313 days) / 12 months] x 3.5 months

= [₱400,640.00 / 12 months] x 3.5 months
= ₱ 33,386.6667 x 3.5 months
Full pay = ₱116,853.33
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
2. Compute for amount less social contributions
(employee’s share)
Full pay ₱116,853.33
Less social contributions for the duration of ML:
SSS 2,800.00
PhilHealth 1,636.25
Pag-IBIG 350.00
Total amount of social contributions 4,786.25
Full pay less social contributions ₱112,067.08
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
3. Compute for SSS maternity benefit
[(MSC x 6) / 180] x 105
(If monthly salary credit is ₱20,000.00)

SSS MB = [(₱20,000.00 x 6) / 180] x 105

SSS MB = [₱120,000.00 /180] x 105
SSS MB = [₱666.666667] x 105

SSS MATERNITY BENEFIT = ₱70,000.00

 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
4. Subtract the SSS maternity benefit to the amount of
full pay less social contributions

Salary differential = full pay – SSS maternity benefit

Full pay less social contributions ₱112,067.08

SSS maternity benefit 70,000.00
Salary differential ₱42,067.08
 HOW TO COMPUTE FOR SALARY
DIFFERENTIAL
Gross pay ₱116,853.33
Less social contributions for 3.5 months:
SSS 2,800.00
PhilHealth 1,636.25
Pag-IBIG 350.00
Total deductions 4,786.25
Amount less social contributions 112,067.08
SSS maternity benefit 70,000.00
Salary differential ₱42,067.08
Daily salary of ₱1,280.00, Factor 313
 DOCUMENTARY REQUIREMENTS
1. For Solo Parent
Valid Solo Parent ID issued by (DSWD).

2. For Employers filing maternity reimbursement claims of their

former female employees who were not able to submit the
required documents:
✓ Maternity Notification duly received by SSS either thru SSS Web or over-
the-counter;
✓ Proof of pregnancy submitted by the female member to the employer;
✓ Proof of advance payment of the SS maternity benefit to the female
member; and
✓ Certification from the employer that the employee no longer returned
back to work after giving birth/miscarriage/ETP.
 DOCUMENTARY REQUIREMENTS
3. For female members who delivered live child but
resulted to death of the newborn
✓ Child’s birth certificate duly registered with the LCR or issued
by PSA; or
✓ Child’s death certificate duly registered with the LCR or issued
by PSA

4. For Still Birth (Fetus died before or during labor/delivery)

✓ Child’s fetal death certificate duly registered with the LCR or
issued by PSA
 LIMITATIONS TO THE GRANT OF
MATERNITY BENEFITS
▪ A bar to the recovery of sickness benefits under RA No. 11199 or
SS Act of 2018 for the same period for which daily maternity
benefits have been received.

▪ If with overlapping of two (2) maternity benefit claims - maternity

benefits for the 2 contingencies shall be granted, but deduct the
amount of benefit corresponding to the period where there is an
overlap.

▪ Only one maternity benefit shall be paid regardless of the

number of offspring per childbirth/delivery.
OTHER IMPORTANT
PROVISIONS
 ALLOCATION OF MATERNITY
LEAVE CREDITS

7 DAYS
Option to
allocation
Up to
ALTERNATE
CHILD'S FATHER CAREGIVER
married or not relative or the
OR current partner
to female
member sharing the same
household
 Republic of the Philippines
SOCIAL SECURITY SYSTEM
ALLOCATION OF MATERNITY LEAVE CREDITS
T H IS F O R M M A Y B E R E P R O D UC E D A N D IS N O T F O R S A LE . T H IS C A N A LS O B E D O WN LO A D E D T H R U T H E S S S WE B S IT E A T www.s s s .go v .ph

PLEASE READ THE INSTRUCTIONS AND REMINDERS AT THE BACK BEFORE FILLING OUT THIS FORM. PRINT ALL
INFORMATION IN CAPITAL LETTERS AND USE BLACK INK ONLY.
SS NUMBER NAME OF MEMBER (LA ST NA M E) (FIRST NA M E) (M IDDLE NA M E) (SUFFIX)

DO YOU WANT TO ALLOCATE PORTION OF YOUR MATERNITY LEAVE CREDITS?

Yes. I want to allocate ______________________ days, which shall be deducted from my SSS maternity benefit, to:
number o f days (1to 7 days)

Name: ________________________________________________________________
Relationship: Child's father Alternate caregiver

No. I want to avail the full SSS maternity benefit.

PRINTED NAME OF MEMBER SIGNATURE DATE

 ONLINE MATERNITY
NOTIFICATION/ALLOCATION
 Member Online Maternity Notification

Go to https://www.sss.gov.ph

For Member
Accounts, click
Member Login
tab

MY.SSS portal – Member Account

Choose “Submit Maternity Notification” under E-Services
dropdown
 Voluntary/Self-Employed Member

MY.SSS portal – Member Account

 Login Employer Account

For Employer
Accounts, click
Employer Login
tab

MY.SSS portal – Employer Account

Employer Online Maternity
Notification
Add Employee from list
The system will send an email to the

EMPLOYER AND EMPLOYEE

 DEATH OR PERMANENT INCAPACITY
OF THE FEMALE WORKER
The maternity leave benefits shall accrue to the child’s father or to
a qualified alternate caregiver subject to the following conditions:

▪ that the maternity leave benefit has not yet been settled; and
▪ subject to submission of proof of member’s death or incapacity
and compliance to applicable SSS rules
▪ In case the maternity leave benefits have already been paid to
the deceased or permanently incapacitated female worker in full,
the child’s father or alternate caregiver shall be entitled to enjoy
the remaining unexpired leave credits of the female worker, if
any, without pay. Such leave without pay shall not be considered
as a gap in the service of the child’s father or alternate caregiver,
in both the public and private sector.
Grant of ML Benefit after Termination of Employment
Maternity leave with full pay is granted even if the childbirth, miscarriage,
or ETP occurs not more than 15 calendar days after the termination of
service, as her right thereto has already accrued.

Female Worker with Pending Administrative Case

Maternity leave benefits shall still be enjoyed even if female worker has
a pending administrative case

Non-Diminution of Benefits
✓ Existing maternity benefits currently enjoyed under CBA, CNA, or present
laws shall still be granted, if the same are more beneficial to the female
worker
✓ Any other working arrangement which the female worker shall agree to
and consented to in writing, during the additional maternity leave period,
shall be allowed
Security of Tenure
✓ Female workers who availed of the ML benefits shall be assured of security
of tenure
✓ ML benefits shall not be used as basis for demotion in employment or
termination.
✓ 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.

Non-Discrimination
No employer whether in the public or private sector shall discriminate
against the employment of women in order to avoid the ML benefits
provided for in the Rules
Liability of an Employer
Employer shall pay to the SSS damages equivalent to the
benefits the female employee is entitled to in any of the
following instances:

• Failure of employer to remit to the SSS the required

contributions for the female worker; or
• Failure of the employer to transmit to SSS the female
worker’s notification on fact of pregnancy and
probable date of childbirth.
ANY DISPUTE, CONTROVERSY, OR CLAIM

Social Security Commission
(SSC)
as regards the grant of SSS
maternity leave benefit
DOLE
Field/Provincial/Regional
Office
arising out of or relating to
the payment of salary
differential
 SANCTIONS
Fine of not
less than
P20,000.00 nor
more than Two
hundred
thousand pesos
(P200,000.00)
Imprisonment of
not less than six
(6) years and one
(1) day nor more
than twelve (12) Non-renewal of
years business permits

51
 MATERNITY BENEFIT
Filing Period is within

10 YEARS
from the date of delivery, miscarriage or
emergency termination of pregnancy.
Filing of Benefit Application
amid COVID-19 situation
General Process Workflow:
Filing of Benefit Application amid COVID-19 situation

As stated in the SSS Advisory:

“In the interest of public health and safety, the Social
Security System shall implement the no-contact
DROPBOX SYSTEM in accepting applications for benefits
and loans starting March 18, from 9AM to 2PM only.”
General Process Workflow:
Filing of Benefit Application amid COVID-19 situation

HOW TO FILE AN APPLICATION VIA DROPBOX SYSTEM:

1. Download the benefit/loan application form/s from
the SSS Website (www.sss.gov.ph) and accomplish as
required. Please ensure that members’ contact
numbers and email addresses are up-to-date.

2. Photocopy all required supporting documents and

place these inside with the application form inside a
long brown envelope. One benefit/loan application
per member per envelope.
General Process Workflow:
Filing of Benefit Application amid COVID-19 situation

3.With a marker/pentel pen, write on the front of the

envelope the type of benefit claim submitted and the
name of the member. Do not write your SS Number
outside of the envelope.

4. Drop the envelope in the box placed in front of the

SSS branch office entrance. Please observe proper
social distance when approaching the box. After
dropping the envelope, the member is requested to
leave as soon as possible.
General Process Workflow:
Filing of Benefit Application amid COVID-19 situation

5. A designated SSS staff shall bring in the box

periodically to retrieve the submitted documents and
review/process them accordingly.

6. The member shall be notified if there are additional

documents that need to be submitted. This may take
a few days depending on the volume of applications
received.
Your patience and understanding are requested as we try to
serve you in a safe and efficient manner. The SSS values the
health and safety of both its members and employees.

Members are highly encouraged to use our E-SERVICES (My.SSS,

SSS Mobile App and TextSSS), call SSS IVRS at 7917-7777 and
follow our Social Media accounts for updates.

Stay safe, everyone!

FOR INQUIRIES -

E-MAIL:
member_relations@sss.gov.ph

Call us (Hotline Number)

1455

Social Media Accounts:

Facebook, Twitter and Instagram
PHLSSS, mysss
End of Presentation. Thank you.