Maternity Leave Rights: 105 Days, Unmarried Mothers, Miscarriage

Section 3 grants the leave to all covered female workers in government and the private sector, including those in the informal economy, "regardless of civil status or the legitimacy of her child." That means:

• unmarried mothers have the same rights as married mothers;
• the child does not need to be legitimate;
• government workers are covered regardless of employment status (Section 4);
• a worker with a pending administrative case still gets the leave (Section 12).

You may also add 30 days without pay. The implementing rules allow this extension only in cases of live childbirth. You must give your employer written notice at least 45 days before the end of your maternity leave. In a medical emergency, no prior notice is needed, but you must notify your employer afterwards. The unpaid extension is not counted as a gap in service.

The leave cannot be deferred. It must be used before or after delivery in one continuous, uninterrupted period. You may combine leave before and after birth, as long as the total stays within 105 days and the leave after birth is at least 60 days (Section 9).

The law grants leave "in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency." There is no limit on the number of pregnancies.

Yes. Under Section 6, you may allocate up to seven days of your maternity leave to the child's father, "whether or not the same is married to the female worker." If the father is dead, absent or incapacitated, you may allocate them instead to an alternate caregiver. This can be a relative within the fourth degree of consanguinity, or your current partner sharing the same household.

The law says this benefit is "over and above" the paternity leave under Republic Act No. 8187. Written notice must be given to the employers concerned: the mother tells her employer with her maternity leave application, and the father or caregiver tells his or her own employer (Implementing Rules, Rule VIII). See paternity leave.

Section 8 protects you in two ways:

• Within 15 days. If childbirth, miscarriage or emergency termination of pregnancy happens not more than 15 calendar days after your service ended, you still get maternity leave with full pay. Your right had already accrued.
• Dismissed without just cause. If you were dismissed without just cause, the 15-day limit does not apply. The employer must pay you the full amount of your salary for 105 days (or 60 days for a miscarriage or emergency termination of pregnancy), plus the cash maternity benefits you should have received.

No. Section 15 says workers who use the benefits "shall be assured of security of tenure," and using them "shall not be used as basis for demotion in employment or termination." A transfer to a parallel position is allowed only if it does not reduce your rank, status or salary and does not amount to constructive dismissal. Section 16 also forbids employers to discriminate against women in hiring to avoid paying the benefits.

For private sector workers, the law says you "must receive" full pay. SSS pays the maternity benefit if you meet its contribution rule. The employer advances the full payment within 30 days from the filing of your maternity leave application, and SSS reimburses the employer. The employer also pays the salary differential, meaning the difference between the SSS benefit and your regular wage.

Section 5(c) exempts some employers from the salary differential, subject to DOLE guidelines and yearly approval:

• distressed establishments;
• retail or service establishments and other enterprises employing not more than ten workers;
• micro-business enterprises with total assets of not more than ₱3,000,000;
• employers already giving similar or better benefits.

Disputes about the SSS benefit itself go to the Social Security Commission (Implementing Rules, Rule VI, Section 9).

Section 18 punishes anyone who fails or refuses to comply with a fine of ₱20,000 to ₱200,000, and imprisonment of six years and one day to twelve years, or both. For a company, its managing head, directors or partners are liable. Non-compliance is also a ground for non-renewal of business permits.

These are made-up examples to show how the rules work. They are not advice for any real case.

Maria. Maria is unmarried and works in a call center. She gives birth in March and takes 105 days with full pay. She allocates 7 of those days to Jose, the baby's father, who works for another company. Jose's employer must give him those days, on top of any paternity leave he may separately qualify for.

Grace. Grace is a registered solo parent. She gets 120 days with full pay. She wants 30 more days to care for her baby, so she writes to her employer at least 45 days before her leave ends.

Liza. Liza suffers a miscarriage in her third month of pregnancy. She is entitled to 60 days with full pay. A year later she becomes pregnant again and gets the leave again.

Rosa. Rosa resigns on June 1 and gives birth on June 12. The birth happened within 15 calendar days after her service ended, so she still gets maternity leave with full pay.

A worker usually gives the notice in writing and keeps copies. A dispute with the employer about the leave can be brought to DOLE through the Single Entry Approach. See how to file a labor complaint. Solo mothers can also check solo parent leave, and the leave benefits table compares all the paid leaves.

Talk to a lawyer or the Public Attorney's Office (PAO) if you were dismissed, demoted or transferred during or after your pregnancy, or if your employer refuses to pay. These cases can involve dismissal claims, money claims and criminal penalties, and the facts matter.

If you cannot afford a lawyer, see Free legal help in the Philippines.