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Inquiry: 

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K has been working as an admin assistant of an auditing firm for a year. Now, she wants to take a maternity leave as she is now five months pregnant. Is K entitled to a maternity leave? If yes, how can she avail of the same?

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Answer:

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Yes, K is entitled to a maternity leave. Under Republic Act No. 11210 otherwise known as the “105-Day Expanded Maternity Leave Day Act”, all female workers in the private and public sectors, in the informal economy, who voluntarily contribute to the Social Security System, and national athletes are entitled to a one hundred five (105) days maternity leave with full pay in case of childbirth, or sixty (60) days with full pay in cases of miscarriage or emergency termination of pregnancy.

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The aforementioned leave can be credited as a combination of prenatal and postnatal leave provided that it does not exceed one hundred five (105) days or sixty (60) days as the case may be. In addition, the law emphasizes that postnatal care should not be less than sixty (60) days. Nonetheless, the female employee, including K may also avail an additional maternity leave of thirty (30) days, without pay, provided that she gives due notice to her employer. 

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For K to avail this benefit, she must immediately inform her employer, upon confirmation of pregnancy, of such fact and the expected date of childbirth. Nevertheless, in case K fails to notify her employer, this does not bar her from receiving the maternity benefits. After having informed her of her application for maternity leave, K’s employer must notify the Social Security System and must pay her for the maternity leave within thirty (30) days from the filing of the application. 

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It is evident that the foregoing law promotes the health and well-being of female employees who are and will be new mothers. By giving them ample time to recover from childbirth and/or delivery, the law ensures that women can focus on their physical, mental, and emotional recovery. Moreover, it allows new mothers to create a greater bond with their newborns during their early months. Thus, the law plays a crucial role in safeguarding the long-term health of mothers and in providing support to their respective families. 

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in cases involving maternity leave and social benefits, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as advice on maternity leave and social benefits in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.

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