The 105-Day Expanded Maternity Leave Law (RA 11210) grants female workers 105 days of paid maternity leave for live childbirth, regardless of the mode of delivery, with an additional 15 days for solo mothers (for a total of 120 days), and 60 days of paid leave in case of miscarriage or emergency termination of pregnancy. The leave applies to all female workers in the government and private sectors, including those in the informal economy and voluntary SSS contributors, subject to the contribution and notice requirements. A distinctive feature is that the mother may allocate up to seven days of her leave to the child's father (whether or not married to her), or, in the father's absence, to an alternate caregiver. The maternity benefit is generally paid through the SSS (advanced by the employer, then reimbursed) for private-sector workers. This law significantly expanded the previous 60/78-day benefit and applies to every instance of pregnancy.
The Core Benefit
RA 11210 grants female workers 105 days of paid maternity leave for live childbirth, regardless of the mode of delivery, with an additional 15 days for solo mothers (total 120), and 60 days for miscarriage or emergency termination.
Who Is Covered
It applies to all female workers in government and the private sector, including the informal economy and voluntary SSS contributors, subject to contribution and notice requirements. It covers every instance of pregnancy.
Allocation to the Father
A distinctive feature: the mother may allocate up to seven (7) days of her leave to the child's father (married or not), or, in his absence, to an alternate caregiver. Private-sector benefits are generally paid through the SSS (advanced by the employer, then reimbursed).
Practical Takeaways
- 105 days paid (120 for solo mothers; 60 for miscarriage), any delivery mode;
- Covers all female workers, including informal-economy and voluntary members;
- Up to 7 days can be allocated to the father or a caregiver.
Frequently Asked Questions
How many days of maternity leave am I entitled to? 105 days of paid maternity leave for live childbirth regardless of delivery mode, with an additional 15 days for solo mothers (total 120), and 60 days for miscarriage or emergency termination of pregnancy.
Who is covered by the expanded maternity leave? All female workers in government and the private sector, including those in the informal economy and voluntary SSS contributors, subject to the contribution and notice requirements.
Can the father get part of the maternity leave? Yes. The mother may allocate up to seven days of her leave to the child's father, whether or not married to her, or in his absence to an alternate caregiver.
Who pays the maternity benefit? For private-sector workers, it is generally paid through the SSS, advanced by the employer and then reimbursed by the SSS.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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