105 Days of Maternity Leave: Your Complete Guide Under RA 11210
Everything Filipino women workers need to know about the Expanded Maternity Leave Law — 105 paid days, eligibility, how to file, and what to do if your employer refuses.
Republic Act No. 11210, also known as the Expanded Maternity Leave Act, was signed into law in 2019. It replaced the old maternity leave benefit of 60 days for normal delivery and 78 days for cesarean section. Under RA 11210, all female workers in the Philippines — whether in the public or private sector — are entitled to 105 days of paid maternity leave for live childbirth. This is one of the most generous maternity leave policies in Southeast Asia.
How many days you get
For a live childbirth, whether normal delivery or cesarean section, you are entitled to 105 days of paid maternity leave. On top of that, you may take an additional 30 days of unpaid leave if you choose. If you are a solo parent under the Solo Parents' Welfare Act, you get an extra 15 days of paid leave, bringing your total paid leave to 120 days. For miscarriage or emergency termination of pregnancy, including ectopic pregnancy, you are entitled to 60 days of paid leave. There is no limit on the number of pregnancies covered — unlike the old law, which capped benefits at four pregnancies. Whether it is your first child or your fifth, you receive the full benefit.
Who is eligible
RA 11210 covers all female workers regardless of civil status. You do not need to be married to qualify. Whether you are single, married, separated, or widowed, you are entitled to maternity leave. The law covers employees in the private sector, government workers, and even workers in the informal economy. For SSS-funded maternity benefits, you need to have at least three monthly SSS contributions within the 12-month period immediately before your semester of contingency. Your employer is required to grant the leave regardless of how long you have been employed.
Sharing leave with the father or caregiver
Under RA 11210, you can allocate up to seven days of your paid maternity leave to the child's father, whether or not you are married to him. If the father is not present or is unable to care for the child, you may allocate those seven days to an alternate caregiver — a relative within the fourth degree of consanguinity or the current partner who shares the same household. This allocation must be in writing and submitted to your employer. The person receiving the allocated leave is entitled to the same daily maternity benefit rate.
How the payment works
Maternity leave benefits are funded through the Social Security System (SSS) for private sector employees and through the GSIS for government workers. Your employer advances the payment and is later reimbursed by SSS. The daily maternity benefit is based on your average daily salary credit, computed from your SSS contributions. Your employer cannot require you to use your own sick leave or vacation leave credits in place of maternity leave. The maternity benefit is separate from and in addition to any leave credits you may have accumulated.
How to file for maternity leave
Notify your employer of your pregnancy as early as possible and submit a maternity leave application. You will need to provide a medical certificate confirming your pregnancy and expected date of delivery. For SSS maternity benefit, file a maternity notification with SSS through your employer or directly through the My.SSS portal. After delivery, submit the required documents, including the birth certificate or medical records for miscarriage. Your employer should process the claim promptly — delays in filing do not forfeit your right to the benefit, but they can slow down payment.
What if your employer refuses?
It is illegal for your employer to deny your maternity leave or to terminate you because of pregnancy. If your employer refuses to grant maternity leave, reduces the number of days, or threatens your employment, you can file a complaint with the Department of Labor and Employment (DOLE). Employers who violate RA 11210 face fines ranging from twenty thousand to two hundred thousand pesos, and repeat offenders face imprisonment. You are also protected against discrimination — your employer cannot demote you, reduce your pay, or change your position because of your pregnancy or maternity leave.
Make sure your contract protects you
Some employment contracts contain clauses that conflict with the Expanded Maternity Leave Law — for example, limiting maternity leave to fewer than 105 days or requiring you to resign after giving birth. These clauses are void and unenforceable. Upload your contract to PlainDoc to check whether your maternity leave provisions comply with RA 11210 and to identify any clauses that may violate your rights as a working mother.