Few labor law topics generate as many practical questions as maternity and paternity leave. Expectant parents need to know exactly what they are entitled to and how to claim it. Employers need to understand their obligations — and the serious consequences of non-compliance. This commentary provides a comprehensive but accessible overview of the law as it currently stands.
Maternity Leave: 105 Days Under RA 11210
Republic Act No. 11210, known as the Expanded Maternity Leave Law, is the governing statute. Under this law, female employees in the private sector are entitled to 105 days of fully paid maternity leave for every live birth, regardless of the mode of delivery. Solo mothers receive an additional 15 days, bringing their total to 120 days. In cases of miscarriage or emergency termination of pregnancy, the entitlement is 60 days of paid leave.
After exhausting the paid leave period, a female employee may optionally extend her leave for an additional 30 days without pay, provided she gives written notice to her employer at least 45 days before the end of her paid maternity leave. In a medical emergency, prior notice is not required.
Importantly, the 105-day entitlement applies regardless of employment status. Regular, probationary, contractual, project-based, and fixed-term employees are all covered. There is no length-of-service requirement — what matters is SSS contribution history. To qualify for the SSS maternity benefit, a female member must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of childbirth or miscarriage.
How Maternity Benefits Are Funded and Paid
The SSS maternity benefit is computed based on the member's average daily salary credit multiplied by the number of compensable days. For private sector employees, the employer advances the full amount of SSS maternity benefits within 30 days from the filing of the maternity leave application. The SSS then reimburses the employer. Where the employee's actual salary exceeds the SSS benefit, the employer is required to pay the salary differential — the difference between the actual wage and what SSS reimburses. The salary differential paid by the employer is exempt from income and withholding tax.
For self-employed, voluntary members, and OFWs, the SSS pays the benefit directly.
The Optional Transfer of Maternity Leave Credits
One of the more significant features of RA 11210 is the option to transfer up to seven days of paid maternity leave credits to the child's father. This transfer is available regardless of whether the parents are married. In the absence of the father, the mother may transfer the seven days to an alternate caregiver — a relative within the fourth degree of consanguinity, or a partner sharing the same household, regardless of sexual orientation or gender identity. Both the mother and the recipient must submit written notice to their respective employers.
Paternity Leave: Seven Days Under RA 8187
The Paternity Leave Act of 1996, Republic Act No. 8187, entitles married male employees to seven working days of paid paternity leave for each of the first four deliveries of their lawful spouse. The employee must be legally married to and living with the woman who gave birth. The leave must be availed within 60 days of the child's delivery and is non-cumulative — unused paternity leave cannot be carried over or converted to cash.
Paternity leave is fully funded by the employer. Unlike maternity benefits, the SSS does not reimburse the employer for paternity leave pay. When combined with the optional transfer of seven days of maternity leave credits under RA 11210, a qualified married father may effectively enjoy up to 14 days of paid leave.
Protection Against Pregnancy-Related Discrimination
Philippine law expressly prohibits employers from discriminating against female employees on account of pregnancy. An employer may not refuse to hire, demote, or terminate an employee solely by reason of her pregnancy or her availment of maternity leave benefits. Female employees are assured security of tenure during and after maternity leave and have the right to return to their former position without loss of seniority rights upon the conclusion of their leave.
Violation of these protections may give rise to illegal dismissal claims before the NLRC, as well as criminal liability under the relevant statutes.
Other Leave Entitlements Worth Noting
Beyond maternity and paternity leave, Philippine law provides several other leave benefits. Female employees who undergo surgery for gynecological disorders are entitled to up to 60 days of special leave with pay under the Magna Carta of Women. Solo parents are entitled to seven additional days of paid parental leave annually under the Solo Parents' Welfare Act. Victims of violence against women and their children are entitled to 10 days of paid leave under RA 9262. All rank-and-file employees with at least one year of service are entitled to five days of paid Service Incentive Leave per year under the Labor Code.
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.
If you have questions about your rights or obligations under Philippine labor law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.