105 days of paid maternity leave: who gets it and how

Republic Act 11210 gives female workers 105 days of paid maternity leave, 120 for solo mothers, and lets mothers share up to 7 days with the father.

When a baby comes, the last thing a new mother should worry about is whether her job and her pay will still be there. The law already answers that. Republic Act No. 11210, the 105-Day Expanded Maternity Leave Law, gives every working mother in the Philippines 105 days of paid maternity leave, and it reaches far more women than the old rules ever did.

Here is what it actually means for you.

105 days, and more in some cases

For a live birth, you get 105 days of paid maternity leave. You can extend it by another 30 days, but those extra days are without pay. If you are a solo parent under Republic Act No. 8972, as amended, you get an extra 15 paid days, for a total of 120. If a pregnancy ends in miscarriage or emergency termination, the law grants 60 days of leave with full pay.

The days are yours to arrange before and after delivery. What matters is that the total stays within what the law allows.

It covers you whatever your situation

This is the part many people miss. The 105 days apply regardless of your civil status, whether the child is your first or your fifth, and whether the baby is considered legitimate or not. The old four-pregnancy cap is gone. The benefit now applies to every instance of pregnancy.

Coverage is wide. Mothers in private companies, government workers, women in the informal economy, self-employed members, and OFWs can all claim it. If you are self-employed or a voluntary member, you deal directly with the Social Security System.

You can share up to 7 days

A mother can give up to 7 of her 105 days to the child's father, whether or not they are married. If the father is not around, she can instead give those days to a qualified alternate caregiver, such as a relative within the fourth degree or the partner she lives with. This is on top of any paternity leave a married father already has. The sharing option does not apply in cases of miscarriage or emergency termination.

Who pays for it

For private employees, the SSS pays the maternity benefit based on your contributions. Your employer advances the amount, then gets reimbursed by the SSS. On top of that benefit, the employer generally pays the salary differential, which is the gap between your full pay and what the SSS releases, so that you receive your full salary during the leave.

There are exemptions. Small or financially distressed employers, and a few other categories set out in the Department of Labor and Employment rules, may be excused from paying that differential. If you run an SME, this is worth checking so you can plan your cash flow correctly.

What to do

- File your notice and documents with your employer, or if self-employed, directly with the SSS, as early as you can once the pregnancy is confirmed.
- Keep your SSS contributions updated, since the cash benefit is computed from them.
- Decide early if you want to allocate days to the father or a caregiver, and put it in writing.
- If you are a solo parent, secure your solo parent ID so you can claim the extra 15 days. - Employers: build the leave and the salary differential into payroll planning, and check whether you qualify for an exemption.

105 days of paid maternity leave: who gets it and how

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