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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A female worker entitled to maternity benefits may, at her option, 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. (Section 1, Rule VIII, Implementing Rules of Republic Act No. 11210)
As provided for under Republic Act No. 11210 or the 105-Day Maternity Leave Law, a female worker entitled to maternity benefits may, at her option, 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.
In case of death, absence, or incapacity of the child’s father, the female worker may allocate to an alternate caregiver.
The law says:
“Section 6. Allocation of Maternity Leave Credits.— Any female worker entitled to maternity leave benefits as provided for herein may, at her option, 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: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the “Paternity Leave Act of 1996”: Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above.” (Section 6, R.A. No. 11210)
Furthermore, the Implementing Rules and Regulations of Republic Act No. 11210 or the 105-Day Maternity Leave Law provides:
“Section 1. Allocation to the Child’s Father or Alternate Caregiver. — A female worker entitled to maternity leave benefits may, at her option, 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”.
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 relative within the fourth degree of consanguinity; or
- The current partner, regardless of sexual orientation or gender identity, of the female worker sharing the same household.
The option to allocate maternity leave credits shall not be applicable in case the female worker suffers miscarriage or emergency termination of pregnancy.
Section 2. Allocation for the SSS-covered Female Workers. — 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, which may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.
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.
Section 3. Allocation of Maternity Leave Credits for Female Workers in the Public Sector — In case the female worker avails of the option to allocate, she shall submit a written notice to the head of agency or the head of agency’s authorized representative, for her application for maternity leave.
The allocated maternity leave may be enjoyed by the child’s father or the alternate caregiver either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.
In case full pay has been given to the female worker, the child’s father or the alternate caregiver, as the case may be, shall only be excused from work (leave without pay). The leave without pay shall not be considered as a gap in the service.” (Sections 1-3, IRR of R.A. No. 11210)
Who is an “alternate caregiver” under the 105-Day Maternity Leave Law (R.A. No. 11210)?
An alternate caregiver under the 105-Day Maternity Leave Law refers to a relative within the fourth civil degree of consanguinity of the female worker or to her current partner. (Section 1, par. a, Rule II, Implementing Rules and Regulations of Republic Act No. 11210 or the 105-Day Maternity Leave Law)
Who is a “current partner” under the 105-Day Maternity Leave Law (R.A. No. 11210)?
A current partner under the 105-Day Maternity Leave Law refers to a person who shares an intimate relationship and lives with the female worker. (Section 1, par. a, Rule II, Implementing Rules and Regulations of Republic Act No. 11210 or the 105-Day Maternity Leave Law)
What is the liability of an employer who failed to remit SSS contributions of a female worker who has availed of the benefits under the 105-Day Maternity Leave Law?
The law says:
“Section 8. Liability of the Employer. — The employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to in any of the following instances:
- Failure of employer to remit to the SSS the required contributions for the female worker; or
- Failure of the employer to transmit to SSS the female worker’s notification on the fact of pregnancy and probable date of childbirth.” (Section 8, Rule VI, IRR of R.A. No. 11210)
Related article: Eligibility and coverage of Maternity Leave Benefit
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