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EXPANDED MATERNITY LEAVE

BENEFIT IN THE PRIVATE SECTOR


PURSUANT TO REPUBLIC ACT NO. 11210 AND ITS
IMPLEMENTING RULES AND REGULATIONS
TIMELINE
IRR of RA 11210 was
RA 11210 was RA 11210 became published in The
signed into law on effective on Philippine Daily
20 February 2019 11 March 2019 Inquirer on 03 May2019

RA 11210 was IRR of RA 11210 was


published in the signed on
Manila Bulletin on 01 May2019
23 February 2019

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FUNDAMENTAL BASES
 Article XIII, Section 14 of the 1987 Constitution
 Declared as policy of the State 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.
 Article II, Section 12 of the 1987 Constitution
 Provides that the State recognizes the sanctity of family life and
shall 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.
 Section 17 and 22 of Republic Act No. 9710 (The Magna Carte of Women)
 It provides for women’s rights to health and decent work.
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DECLARATION OF POLICY
In recognition of women’s maternal
function as a social responsibility
 Institutionalize a mechanism to expand
the maternity leave period of women
workers before they resume paid work.
 Provide female with:
1. Ample transition time to regain
health and overall wellness
2. Assume maternal roles

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COVERAGE

1 2 3 4 5
Female Female
Female Female Female
workers in the voluntary
workers in the workers in the national
informal contributors
public sector private sector athletes
economy of SSS

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FW in the Private Sector
 Refer to a female worker, including a
domestic worker
 Provides services for an employer
 In which either both mental or physical
efforts are used
 Receives compensation for such service
2  There is an employer-employee relationship
Female
workers in the
private sector

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BENEFITS
Paid leave with full pay for the duration of:
 105 days for live childbirth; 60 days for miscarriage and emergency termination of
pregnancy
 Additional 15 days if female worker qualifies as a solo parent under RA 8972
Option to extend for an additional thirty (30) days without pay in case
of live childbirth
Option to allocate up to seven (7) days of said benefits to:
 The child’s father, whether or not the same is married to the female worker
 Alternate caregiver
‐ A relative within the fourth degree of consanguinity; or
‐ The current partner
Health care services for pre-natal, delivery, postpartum and
pregnancy-related conditions 7
AVAILMENT OF MATERNITY
LEAVE BENEFIT
 Maternity leave cannot be deferred but should be availed of
either before or after the actual period of delivery in a
continuous and uninterrupted manner.
 In no case shall postnatal care be less than sixty (60) days.
 Maternity leave shall be granted to a qualified female worker
in every instance of pregnancy, miscarriage or emergency
termination of pregnancy regardless of frequency.

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ELIGIBILITY AND NOTICE
REQUIREMENT
PAYMENT
BENEFITS

She must have paid at


The female worker shall
least 3 monthly
have notified her The employer shall, in
contributions in the
employer of her turn, notify the SSS
twelve-month period
pregnancy and the through the prescribed
immediately preceding
probable date of her manner.
the semester of
childbirth.
contingency. 9
BENEFIT: PAID LEAVE
1. Paid leave benefit with full pay for the
duration of:
a. One Hundred Five (105) days for live
childbirth, regardless of the mode of
delivery, and an additional fifteen (15)
days paid leave if the female worker
qualifies as a solo parent under
Republic Act No. 8972, or the “Solo
Parents’ Welfare Act of 2000”; or
b. Sixty (60) days paid leave for
miscarriage and emergency
termination of pregnancy (ETP); 10
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.

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SALARY DIFFERENTIAL,
EXCEPTIONS
1
Operating distressed establishments
 Sole proprietorship or partnership – accumulated net loss
of at least 25% for 2 years
 Corporation or cooperative – net loss of at least 20%
 Banks or quasi-banks – under receivership or liquidation
2
Retail/service establishments and other enterprises
employing < 10 workers
3
Micro-business enterprises & engaged in the production,
processing, or manufacturing of products or commodities
including agro-processing, trading, and services, whose
total assets < 3million (BMBE 2002)
4
Already providing similar or more than the benefits herein
provided under an existing Collective Bargaining
Agreement (CBA), company practice or policy 12
HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
1. Determine the amount of full pay
Full pay = [(daily rate x factor) / 12 months] x maternity period in months
If:
Daily rate - ₱537 Factor – 313 ML period - 105 days = 3.5months

Full pay = [(₱537.00 x 313 days) / 12 months] x 3.5 months


Full pay = [₱168,081.00 / 12 months] x 3.5 months
Full pay = ₱ 14,006.75 x 3.5 months
Full pay = ₱ 49, 023.63
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HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
2. Compute for amount less social contributions (employee’s share)

Full pay ₱49,023.63


Less social contributions for the duration of ML:
SSS 1,960.00
PhilHealth 721.88
Pag-IBIG 350.00
Full pay less social contributions ₱45,991.75
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HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
3. Compute for SSS maternity benefit
Assuming the formula in computing for it is as follows:
[(MSC x 6) / 180] x 105
(If monthly salary credit is ₱14,000.00)
SSS MB = [(₱14,000.00 x 6) / 180] x 105
SSS MB = [₱84,000.00 / 180] x 105
SSS MB = [₱466.66667] x 105
SSS MB = ₱49,000.00

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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 ₱45,991.75


SSS maternity benefit 49,000.00
Salary differential -₱3,008.25

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HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
Gross pay ₱49,023.63
Less social contributions for 3.5 months:
SSS 1,960.00
PhilHealth 721.88
Pag-IBIG 350.00
Total deductions 3,031.88
Amount less social contributions 45,991.75
SSS maternity benefit 49,000.0000
Salary differential -₱3,008.25
Daily salary of ₱537, factor 313 17
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 18
PAYMENT AND
REIMBURSEMENT
 Full payment of the maternity leave benefit shall be advanced by
the employer within thirty (30) days from the filing of the
maternity leave application.
 The SSS shall immediately reimburse to the employer the
maternity benefits advanced to the employed female
member, only to the extent of one hundred percent (100%)
of her average daily salary credit for one hundred five (105)
days, one hundred twenty (120) days or sixty (60) days, as
the case may be, upon receipt of satisfactory and legal
proof of such payment.
NOTE: The payment of daily SSS maternity benefits shall be a bar to recovery of sickness benefits provided
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under Republic Act No. 11199, for the same period for which daily maternity benefits have been received.
SOLO PARENT, AS
PROVIDED BY RA 8972
 Must have rendered at least 1 year
of service with present employer
 Must have a Solo Parent ID issued
by the DSWD

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DIFFERENCE OF
MISCARRIAGE AND ETP
Gestation Period (Full term, 40 weeks)
1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4
1 2 3 4 5 6 7 8 9
0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0
Miscarriage Emergency Termination of Pregnancy

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BENEFIT: OPTION TO EXTEND
FOR ADDITIONAL 30 DAYS
This may only be availed of: Due notice
1. In cases of live childbirth, Must be in writing and
2. At the option of the female worker, Must be given at least
and forty-five (45) days before
3. Due notice was provided to employer. the end of the female
worker’s maternity leave.
 Exception:
 medical emergency
but subsequent
notice shall be
given to the
employer. 22
BENEFIT: OPTION TO ALLOCATE
TO THE CHILD’S FATHER
3. Option to allocate up to seven (7) days of
said benefits to the child’s father,
whether or not the same is married to
the female worker. The allocated benefit
granted to the child’s father under this
law is over and above that which is
provided under Republic Act No. 8187, or
the “Paternity Leave Act of 1996”.

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BENEFIT: ALLOCATION TO
AN ALTERNATE CAREGIVER
4. In case of death, absence, or incapacity of the
child’s father, the female worker may allocate
to an alternate caregiver who may be any of
the following, upon the election of the mother
taking into account the best interests of the
child:
a. A relative within the fourth degree of
consanguinity; or
b. The current partner, regardless of sexual
orientation or gender identity, of the female
worker sharing the same household. 24
ALTERNATE CAREGIVER
a. A relative within the fourth degree of consanguinity; or
 “Relative within the fourth degree of consanguinity”
refers to a person who is related to the female worker by
blood and shares the same ancestry or lineage.
b. The current partner, regardless of sexual orientation or
gender identity, of the female worker sharing the same
household.
 “Current partner” refers to a person who shares an
intimate relationship and lives with the female worker.

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EFFECT OF ALLOCATION
 In case the female worker avails of the option to allocate, the
SSS shall pay her the amount of the maternity benefit
corresponding to the period not allocated.
 As applicable, the father or, in his death, absence, or incapacity,
the alternate caregiver shall be granted by his employer a leave
with pay equivalent to a period from one (1) to seven (7) days.
 May be enjoyed either in a continuous or in an intermittent
manner not later than the period of the maternity leave
availed of.

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ALLOCATION OF BENEFIT
 The female worker shall notify her employer of her option to
allocate with her application for maternity leave.
 The father or alternate caregiver, as the case may be, shall
notify the employer concerned of his or her availment of the
allocated leave and the inclusive dates therefor.
 This written notice to the employers shall be required even if
the child’s father or the alternate caregiver is employed in the
public sector.

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ALLOCATION OF BENEFIT

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ALLOCATION OF BENEFIT

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ALLOCATION OF BENEFIT

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BENEFIT: HEALTH CARE
SERVICES
5. Health care services for pre-natal, delivery, postpartum and
pregnancy-related conditions granted to female workers,
particularly those who are neither voluntary nor regular
members of the SSS, as governed by the existing rules and
regulations of the Philippine Health Insurance Corporation
(PhilHealth).

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GRANT OF MLB AFTER
TERMINATION OF EMPLOYMENT
 Maternity leave with full pay shall be
granted even if the childbirth,
miscarriage, or emergency termination
of pregnancy occurs not more than
fifteen (15) calendar days after the
termination of an employee’s service, as
her right thereto has already accrued.
 NOTE: The above-mentioned period of 15 days
shall not apply when the employment of the
pregnant woman worker has been terminated
without just cause.
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EFFECT OF MLB WITH PENDING
ADMINISTRATIVE CASE
 The maternity leave benefits granted
under Republic Act No. 11210 and its
IRR shall be enjoyed by a female
worker in the public sector and in the
private sector even if she has a
pending administrative case.

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PROHIBITIONS
 Non-diminution of benefits
 Security of tenure
o Shall not be considered as gap in the service
o Shall not be used as basis for demotion in employment or
termination
‐ The 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 on employment of female applicants
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CONSECUTIVE PREGNANCIES
AND MULTIPLE CHILDBIRTHS
a. In case of the overlapping of two (2) maternity benefit claims,
the female member shall be granted maternity benefits for the
two contingencies in a consecutive manner. However, the
amount of benefit corresponding to the period where there is an
overlap shall be deducted from the current maternity benefit
claim; and
b. The female member shall be paid only one maternity benefit,
regardless of the number of offspring, per childbirth/delivery.

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EXAMPLE: CONSECUTIVE
PREGNANCIES
Overlapping period of ML:
September 27 – October 13
(17 days)
Full pay to be received for
the 2nd contingency:
Amount equivalent to 43
days

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EXAMPLE: CONSECUTIVE
PREGNANCIES

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DISPUTE RESOLUTION

Social Security Commission DOLE Field/Provincial/Regional


(SSC) Office
Any dispute, controversy, or claim
as regards the grant of SSS arising out of or relating to the
maternity leave benefit payment of salary differential
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LIABILITY OF THE
EMPLOYER
Fine of not less
than Twenty
thousand pesos
(P20,000.00) nor
more than Two
hundred thousand
pesos Imprisonment of
(P200,000.00) not less than six (6)
years and one (1)
day nor more than Non-renewal of
twelve (12) years business permits
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For inquiries, you may reach us at:

DOLE
HOTLINE
1349