Superseded. This article no longer states the maternity leave a female worker is entitled to. Republic Act No. 11210 (2019) increased maternity leave to 105 days, and its repealing clause modifies inconsistent provisions accordingly. The text below is reproduced as originally enacted, for reference only. Do not rely on the periods it gives.
Text of the provision
Art. 133. Maternity leave benefits. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six
(6) months for the last twelve (12) months, maternity leave of at least two
(2) weeks prior to the expected date of delivery and another four
(4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. The maternity leave provided in this Article shall be paid by the employer only for the first four
(4) deliveries by a woman employee after the effectivity of this Code.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
As written here, an employer grants a pregnant employee who has rendered at least six (6) months of aggregate service in the last twelve (12) months a maternity leave of at least two (2) weeks before the expected delivery and four (4) weeks after delivery, with full pay based on her regular or average weekly wages. A medical certificate may be required, and leave may be extended without pay for certified pregnancy–related illness unless charged to unused leave credits. The employer’s paid obligation under this article covers the first four (4) deliveries.
Questions about this provision
Related provisions
- Article 132 — Facilities For Women Employees.
- Article 134 — Family Planning Services And Incentives.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.