Salient points of R.A. No.

11210 – “105-Day Expanded Maternity Leave Law”

Who are covered?

 All female workers in the government and private sector, including those in the informal
economy
 Regardless of civil status or legitimacy of the child
 For every instance of pregnancy, miscarriage, or emergency termination of pregnancy,
regardless of frequency
o However, note the difference with the grant of number of leaves for each case.

What is the extent of the grant of the law?

 A pregnant female worker shall be granted 105 days maternity leave with full pay, with
option to extend for an additional 30 days without pay
o A solo parent, as defined under R.A. No. 8972 or the Solo Parents’ Welfare Act,
shall be granted an additional 15 days maternity leave with full pay
 Thus, for female solo parents, the grant is up to a total of 120 days
maternity leave with full pay
o However, note that the new law does away with the old distinction between
natural/normal delivery vs. caesarian delivery. Regardless of the manner of
giving birth, the female employee shall be entitled to at least 105 days of leave
with pay.
 However, for cases of miscarriage or emergency termination of pregnancy, the
maternity leave shall only be for 60 days with full pay.

What are the pre-conditions for the grant of the law?

 Female workers in the private sector
o Must be a member of the SSS who has paid at least 3 monthly contributions in
the 12-month period immediately preceding the semester of her childbirth,
miscarriage, or emergency termination of pregnancy
o The female worker has notified the employer of (1) the pregnancy and (2)
probable date of childbirth. Note that the employer is required to transmit this
to the SSS, in accordance with the rules to be provided by SSS.
o The employer must advance the full payment within 30 days from filing of the
maternity leave application.
o

What is the basis for the daily maternity benefit?

 Female workers in the private sector
o To be computed based on her average monthly salary credit for 105 days