Rule VI of the Implementing Rules and Regulations of Republic Act No. 11210 (RA 11210) otherwise known as the Expanded Maternity Leave Law lay down the rules for the female workers in the private sector, reproduced as follows:
Section 1. Eligibility. – to qualify for the grant of maternity leave benefit, the female worker must meet the following requirements:
a. She must have at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.
In determining the female member’s entitlement to the benefit, the SSS shall consider only those contributions paid prior to the semester of contingency; and
b. She shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide.
Section 2. Notice Requirement. – The notification process for SSS-covered females workers and/or members and employers shall be governed by the following rules:
- The female member, upon confirmation of pregnancy, shall immediately inform her employer of such fact and the expected date of childbirth;
- The employer shall, in turn, notify the SSS through the prescribed manner;
- The above rules notwithstanding, failure of the pregnant female worker to notify the employer shall not bar her from receiving the aternity benefits, subject ot guidelines to be prescribed by the SSS; and
- Self-employed female members, including those in the informal economy, OFWs and voluntary SSS members may give notice directly to the SSS.
Section 3. Amount of Benefit. – Covered female workers availing of the maternity leave benefits must receive their full pay. Full payment of the maternity leave benefit shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application.
In the case of self-employed female members, including those in the informal economy, OFWs and voluntary SSS members, the SSS shall directly pay the maternity benefit.
Section 4. Reimbursement. – The SSS shall immediately reimburse to the employer the maternity benefits advanced to the employed female member, only to the extent of one hundred percent (100{affa41581c539e77a889a6a46af960df9ff1c7424670374343af90ba11e244ac}) of her average daily salary credit for one hundred five (105) days, one hundred twenty (120) days or sixty (60) days, as the case may be, upon receipt of satisfactory and legal proof of such payment.
Under the rules, “the payment of daily SSS maternity benefits shall be a bar to recovery of sickness benefits provided under Republic Act No. 11199, for the same period for which daily maternity benefits have been received”.
For overlapping maternity leaves, the rules are:
- In case of the overlapping of two (2) maternity benefit claims, the female member shall be granted benefits for the two contingencies in a consecutive manner. However, the amount of benefit corresponding to the period where there is an overlap shall be deducted from the current maternity benefit claim; and
- The female member shall be paid only one maternity benefit, regardless of the number of offspring, per childbirth/delivery.
Under Section 8 of Rule VI, the failure of the employer to remit to the SSS the required contributions for the female worker or the failure of the employer to transmit to SSS the female worker’s notification on the fact of pregnancy and profitable date of childbirth will render said employer liable for damages to the Social Security System damages equivalent to the benefits which a female member would otherwise be entitled to.
Download the full text of the implementing rules and regulations of RA 11210 below.
