Rule IV of the new implementing rules and regulations of the 105 Expanded Maternity Benefit(RA 11210) states that maternity leave must be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner. Whether in live childbirth or miscarriage or emergency termination of pregnancy, the maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed one hundred five (105) days or sixty (60) days, as the case may be. In no case shall postnatal care be less than sixty (60) days.
In cases of live childbirth, an additional maternity leave of thirty (30) days, without pay, can be availed of, in cases of live childbirth. This is at the option of the female worker which requires advance written notice to the employer of at least forty-five days before the end of the female worker’s maternity leave. However, no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the employer. The extended maternity leave without pay shall not be considered as gap in the service.
How often can one avail of maternity leave benefits under RA 11210?
It is granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency.
Is maternity leave available to terminated employees?
Section 5 of Title IV states that “maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued. Such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefitsthat she should have received had her employment not been illegally terminated.”
Is maternity leave available to a female worker with Pending Administrative Case?
Section 6 of Title IV of the implementing rules further provides that “the maternity leave benefits granted under Republic Act No. 11210 and this Rules shall be enjoyed by a female worker in the public sector and in the private sector even if she has a pending administrative case”.
Download the full text of the implementing rules and regulations of RA 11210.
