The early days with a newborn are a precious time for both mother and child. Research highlights the significance of a mother’s presence during this important phase. While parenthood brings joy, it can also present unique challenges for working mothers. Maternity leave offers a valuable opportunity for mothers to recover from childbirth, build a strong bond with their baby, and establish breastfeeding.

The Philippines, through its expanded maternity leave law, recognizes the importance of supporting new mothers. This article will explore the key aspects of maternity leave, including who is eligible, the benefits available, and the process of applying for this essential support.

What Is Maternity Leave?

Maternity leave is a legally mandated benefit that grants mothers time off from work to prepare for and recover from childbirth, as well as to care for their newborns. It ensures that working mothers have sufficient time to focus on their health and their baby’s needs without compromising their employment or income.

In the Philippines, Republic Act No. 11210, also known as the Expanded Maternity Leave Law, provides 105 days of paid maternity leave for all eligible working mothers. An additional 30 days without pay can be availed if requested, offering extended time for recovery and bonding. For adoptive mothers of children below seven years old, the law ensures the same entitlement of 105 days of paid leave.

Availment of the 105-Day Expanded Maternity Leave Under Republic Act 11210

Under Republic Act No. 11210, eligible mothers are entitled to 105 days of fully paid maternity leave for live childbirth, with an option to extend the leave by 30 days without pay. For solo parents, an additional 15 days of paid leave is granted under the Solo Parents’ Welfare Act.

The law also includes adoptive mothers, granting them 105 days of paid leave for the adoption of a child below seven years old. Employed mothers must notify their employer at least 30 days before availing of the leave and submit the required documents, such as medical certificates, to claim the benefits.

For self-employed and freelance workers, maternity benefits are claimed through the Social Security System (SSS), provided that they have made at least three monthly contributions in the 12 months preceding childbirth or miscarriage. The law explicitly prohibits discrimination, ensuring all eligible women, regardless of marital or employment status, are covered.

The law’s implementation highlights the government’s commitment to gender equality and family support.

Who Is Eligible for Maternity Leave?

To qualify for maternity leave benefits under Philippine law, the following conditions must be met:

• Employment Status: All female workers in the private and public sectors, regardless of their civil status or the legitimacy of their child, are eligible.
• Notification Requirement: Employees must notify their employers of their pregnancy and expected delivery date at least 30 days in advance.
• SSS Contributions: For private sector employees and self-employed individuals, a minimum of three monthly Social Security System (SSS) contributions within the 12-month period before childbirth or miscarriage is required.

What Are the Benefits of Maternity Leave?

Maternity leave provides numerous advantages for mothers, families, and even employers. These include:

• Health and Recovery: Time to recuperate physically and emotionally after childbirth.
• Bonding Time: Opportunity to build a strong connection with the newborn.
• Financial Security: Paid leave ensures continued income during the absence from work.
• Support for Breastfeeding: Enables mothers to initiate and maintain breastfeeding, contributing to the baby’s health and development.
• Workplace Retention: Helps mothers transition smoothly back into their roles, reducing the likelihood of job turnover.

How Do You Apply for Maternity Leave?

The process of applying for maternity leave involves the following steps:

1. Notify Your Employer: Inform your employer in writing about your pregnancy and expected delivery date at least 30 days before your intended leave.
2. Prepare Necessary Documents: Submit required documents such as a medical certificate or ultrasound report confirming your pregnancy and expected due date.
3. Complete SSS Forms: For private sector employees and self-employed mothers, fill out the necessary forms to claim maternity benefits from the SSS.
4. Coordinate with HR: Work closely with your company’s human resources department to ensure all requirements are met and processed on time.

Why Is Maternity Leave Important?

Research consistently underscores the crucial importance of a mother’s presence during this delicate phase. Skin-to-skin contact, breastfeeding, and consistent nurturing foster strong bonds and lay the foundation for healthy emotional and social development. Early interactions significantly impact a baby’s brain development, stimulating the release of crucial neurotransmitters that support growth. Breastfeeding provides numerous health benefits for both mother and baby, while a mother’s presence facilitates this vital process and enhances her own well-being. These findings highlight the profound impact of a mother’s presence on a newborn’s development, emphasizing the crucial role of maternity leave policies in supporting both maternal and child health.

Maternity leave plays a crucial role in safeguarding the health and well-being of mothers and their families. It provides:

• Physical and Emotional Recovery: Childbirth is physically demanding, and maternity leave ensures mothers have adequate time to recover.
• Work-Life Balance: Allows mothers to focus on family without compromising their careers.
• Support for Family Dynamics: Strengthens family bonds during the early stages of a child’s life, fostering emotional security and stability.
• Economic Benefits: Reduces financial strain on families during the postpartum period by ensuring income continuity.

Common Questions About Maternity Leave

1. Can maternity leave be shared with the father?
Yes, up to 7 days of the mother’s maternity leave can be transferred to the father under the Paternity Leave Act of 1996.

2. Is maternity leave applicable for miscarriages?
Yes, mothers are entitled to 60 days of maternity leave for miscarriages or emergency termination of pregnancy.

3. Are freelance workers eligible for maternity leave benefits?
Freelancers and self-employed women who are SSS members with at least three contributions before childbirth can claim maternity benefits from the SSS.

4. What happens if I fail to inform my employer in advance?
While employers may still consider late notifications, adhering to the 30-day notice rule ensures smoother processing and avoids complications.

5. Are maternity leave benefits taxed?
No, maternity leave benefits are exempt from income tax under Philippine law.

6. Can an adoptive mother avail of the maternity leave benefits?
No, adoptive mothers cannot avail of the traditional maternity leave benefits. However, under Republic Act No. 8552 (Domestic Adoption Act of 1998) and CSC Resolution No. 2100020, qualified adoptive parents in government service are entitled to a 60-day adoption leave with full pay. This leave is specifically designed for both female and single male adoptive parents.

Final Takeaway

Maternity leave is a fundamental right that empowers mothers to prioritise the health and well-being of themselves and their newborns. The Expanded Maternity Leave Law in the Philippines signifies a significant step towards ensuring that working mothers have the time and support they need during this crucial period. By understanding the eligibility criteria, benefits, and application process, both mothers and employers can navigate this important phase with greater ease and confidence. This not only benefits individual families but also contributes to a healthier and more equitable society where women can thrive both personally and professionally.