Olivia Barredo
March 20, 2023

In a country where 38.7% of the working population consists of women, it comes to no surprise that women oftentimes have to balance work and family responsibilities. A lot of caution and care must be taken, especially during a pregnancy, which explains why maternity leaves are an imperative part of the Labor Code of the Philippines. But what exactly is maternity leave and who gets to avail of these benefits? More importantly, what requirements will you need? Here is everything you need to know about maternity leave eligibility and its requirements!

What are the benefits?

A maternity leave refers to the period new and expectant mothers take time off work during their pregnancy or after childbirth. This is so that mothers have ample time to give birth, recover, and care for their new baby. In the country, the State recognizes the importance of working women and aims to not only protect but also promote the welfare of the female workforce as stated in Article XIII, Section 14 our very own 1987 Philippine Constitution.

 As per Republic Act 11210–otherwise known as the “105-Day Expanded Maternity Leave Law”--maternity leave benefits now consist of 105 days of leave credits with full pay, a considerable extension compared to the previous law that only allowed 60 days. In the newly implemented law, single parents now have the opportunity to extend their paid leaves by 15 days. Additionally, female workers can also extend their leave credits and have 30 days extra without pay. 

RA 11210 also covers the unfortunate circumstances of a miscarriage or an emergency termination of pregnancy. In the event that a situation like this happens, female workers are also entitled to 60 days of paid maternity leave.

Other benefits include being able to avail of the maternity leave regardless of frequency. This is a large and significant change, considering that in the previous maternity leave law, female workers were only allowed to avail of the maternity leave for a maximum of only 4 pregnancies.

Who is eligible?

• Female workers employed in the private or public sector, regardless of civil status (single or married).

• Solo parents (provided that they qualify also under Republic Act 8972–the ”Solo Parents’ Welfare Act”).

• Self-employed, OFW, and Voluntary SSS members.

• Female athletes.

• Terminated employees who had a childbirth or a miscarriage not more than 15 days after her service was terminated.

• Female workers in the informal economy.

What are the requirements?

• It is always good practice to notify your employer at least 30 days in advance, however, it is always good practice to notify your employer at least 30 days in advance.

• For the 30-day unpaid extension, a written notice must be given to the employer at least 45 days before the end of the female worker’s maternity leave.

You may also need:

• Accomplished Application for Leave (Civil Service Form No. 6);

• Medical Certificate issued by a government or private physician, as proof of pregnancy and estimated date of delivery;

• Accomplished Clearance Form (Civil Service Form No. 7); and

• Solo Parent ID, for solo parents who want to avail of the additional maternity leave of 15 days.

Knowing your rights as an employee is just as essential as knowing all of your other rights, especially when it comes to dealing with something as sensitive as pregnancies and childbirth. Maternity leaves are meant to promote the health and well-being of expecting mothers and their children, since it is, after all, a significant life transition. Additionally, maternity leave benefits–especially the ones that have been changed in RA 11210–can improve infant and maternal health by allowing time for rest, recovery, and proper nurturing and care for the new babies.