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AT A GLANCE:
The Expanded Maternity Leave Law increased the Maternity Leave Period of female workers from 60 days to 105 days with an option to extend for an additional 15 or 30 days.
What are the new features of Republic Act No. 11210, or the “105-Day Expanded Maternity Leave Law?
In 2019, President Rodrigo Duterte signed into law R.A. 11210 which primarily extends the maternity leave which a female employee may avail of from 60 to 105 days.
In case of miscarriage or emergency termination of pregnancy, she may be granted 60-day maternity leave.
During said period, the female employees are entitled to 100% of their average daily salary credit.
In addition to the same, if the female employee is a solo parent as defined under Republic Act No. 8972, she can ask for an extension of 15 days paid leave.
Also, the worker may likewise opt to extend the leave for an additional 30 days, provided that the employer is given notice. This time, however, it is without pay. Except in the event of emergency, notice to one’s employer must be given at least 45 days before the end of the female worker’s maternity leave.
Another inclusion in the new law features the option to allocate 7 days of the female worker’s leave benefit to the child’s father even if they are not married.
In case the father is absent, incapacitated or dead, the 7-day leave benefits may be allocated to her relative within 4th degree or her current partner if they are sharing the same household.
(Implementing rules and regulations of Republic Act No. 11210)
Related article: Eligibility and coverage of Maternity Leave Benefit
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