The IRR to the Expanded Maternity Leave Law was signed on May 1st. So, let’s go straight to the heart of the matter.
Also Read: Expanded Maternity Leave: Inclusions and Implications in the Workplace
Important Points for the Private Sector
1. 105 Days for live childbirth
- Must be in continuous and uninterrupted manner
- In NO case shall postnatal care be less than 60 days
- Additional 15 days for solo parents
- 60 days for miscarriage and emergency termination of pregnancy
- Employee workers shall receive full pay which consists of i. SSS maternity benefit computed based on their average daily salary credit and ii. salary differential to be paid by the employer
2. An option to extend for an additional 30 days without pay for live childbirth
- Employer must be given due notice
- Must be in written form
- Must be given at least forty-five days before the end of maternity leave
- Shall not be considered gap in service
3. Maternity leave is granted regardless of frequency of pregnancy, miscarriage or emergency termination of pregnancy
Previously, only up to 4 gestations were considered. That includes miscarriage, ectopic pregnancies, etc.
4. Grant of maternity leave benefit after termination of employment
Maternity leave with full pay shall be granted even if the childbirth or miscarriage or emergency termination occurs not more than 15 calendar days after the termination of an employee’s service
5. Employers from the private sector shall pay for the difference between the full salary and the actual cash benefits received from SSS
There are companies that already practice this. I have been blessed to work with a Company – Maxim Integrated – that does so when I gave birth. Some only rely on the SSS benefit. Well, now, everyone will be on the same page here.
6. Allocation of maternity leave credits.
- The female employee shall notify her employer of her option to allocate with her application for maternity leave
- The father (whether or not they are married) or alternate care giver shall notify the employer concerned of his or her availment of the allocated leave and the inclusive dates
- Can allocate up to 7 days of said benefit to the child’s father or alternate care giver in case the father is dead or incapacitated
- Father should be granted a leave with pay by his employer (unless in the case when full payment had been advanced to the mother, the father be will allowed to go on leave without pay)
- May be enjoyed either in a continuous or in an intermittent matter not later than the period of the maternity leave availed of
- Or, to a relative within the fourth degree of consanguinity, in case of death, absence or incapacity of the father
- Or, to current partner (regardless of gender), in case of death, absence or incapacity of the father
Full document here: Implementing Rules and Regulations Expanded Maternity Leave Law
SSS Updated Table of Contributions
Allocation of Maternity Leave Credits Form
Computation of Salary Differential
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8 thoughts on “Important Points from the IRR: Expanded Maternity Leave Law”
Hello Leklek, the additional 30 days are unpaid. Employees will have to voluntarily pay to the government institutions.
If additional 30 days is availed, what will be the process for the Statutory benefits? It will be a gap in the SSS contribution, Pagibig, Philhealth. Same question if the employee has an existing loan with these agencies?
Hello Faith, how are you?
It’s in the IRR po, I have it linked in the document as well. If you have Company lawyers, they can also consult to be sure + there are seminars run by SSS that they can attend for the more detailed computation…
Regarding po sa salary differential saan po puede mgrefer ang hr namin at paano po ito ma implement?