Maternity, Paternity and Solo Parent Leave

Maternity Leave Under RA 11210

RA 11210 covers women workers in government and private jobs, including the informal economy (work outside regular employment), whether or not they are married and whether or not the child is legitimate. It applies to every pregnancy, miscarriage or emergency termination of pregnancy, with no limit on how many times.

• The mother may extend the leave by 30 days without pay, with written notice to the employer at least 45 days before the paid leave ends. In a medical emergency, notice can come later.
• At least 60 days of the 105 must be taken after the birth.
• Your employer cannot demote or fire you for using maternity leave. Employers may not refuse to hire women to avoid paying these benefits.
• If the birth, miscarriage or emergency termination happens within 15 calendar days after employment ends, the worker still gets full pay for the leave. If she was fired without a valid reason (just cause), the employer pays the full amount.

The SSS Maternity Benefit (Private Sector)

For private-sector workers and other SSS members, the pay comes through the SSS maternity benefit. SSS says a member qualifies if she:

• has at least three monthly contributions in the 12-month period before the semester (a six-month period SSS uses) of the birth or miscarriage; and
• notified her employer of the pregnancy and expected date of delivery (employed members), or notified SSS directly (self-employed, voluntary, OFW and non-working spouse members).

Notice. SSS asks employed members to tell the employer soon after the pregnancy is confirmed, with the maternity notification form and proof such as an ultrasound or test result. The employer notifies SSS through its My.SSS account. Other members notify SSS themselves through My.SSS or the SSS mobile app.

Payment. For employees, the employer advances the full benefit within 30 days of the leave application, and SSS reimburses the employer. On top of that, the employer pays the salary differential: the gap between the SSS benefit and your usual full pay. Some small employers and employers in financial trouble are excused from paying the differential with DOLE approval. Self-employed and voluntary members, and members who are unemployed or have left their jobs, receive the SSS benefit only, paid directly by SSS.

Claim. The application is filed online through My.SSS, with the child's Certificate of Live Birth (or a Report of Birth if the child was born abroad) or, for miscarriage, medical proof. SSS says claims may be filed within 10 years. See SSS benefits.

Government workers get the same number of days, paid by their agency under Civil Service Commission rules.

Giving 7 Days to the Father or a Caregiver

Under RA 11210, the mother may give (allocate) up to 7 days of her paid maternity leave to:

• the child's father, whether or not they are married; or
• if the father is dead, absent or unable to help (incapacitated), an alternate caregiver: a relative up to the fourth degree by blood (a first cousin, for example), or her current partner who lives with her.

Her own leave is reduced by the days she gives. The father or caregiver gives his or her employer a written notice from the mother. These days are in addition to the father's own paternity leave. SSS says allocation does not apply to miscarriage or emergency termination of pregnancy.

Paternity Leave Under RA 8187

The Paternity Leave Act of 1996, Republic Act No. 8187 (RA 8187), gives every married male employee in the public and private sectors 7 days of leave with full pay:

• for each of the first four deliveries (childbirth or miscarriage) of his lawful wife (legitimate spouse);
• if he is living with her; and
• if he told his employer about the pregnancy and the expected date of delivery.

The employer pays paternity leave directly. It is not an SSS benefit. Fathers who are not married to the mother are not covered by RA 8187, but may receive days the mother allocates under RA 11210, or leave under company policy.

Solo Parent Leave Under RA 11861

Under the Expanded Solo Parents Welfare Act, Republic Act No. 11861 (RA 11861), a solo parent employee who has worked for at least six months is entitled to up to 7 working days of parental leave with pay every year, in addition to other leaves. It does not carry over to the next year. Solo parent status is shown with the Solo Parent ID; see Solo Parent ID.

A solo mother also gets the extra 15 days of maternity leave under RA 11210.

If Your Employer Refuses

Put your request and any refusal in writing. If HR does not resolve it, file a request for assistance with DOLE under the Single Entry Approach (SEnA, DOLE's settlement talks). See labor complaints. RA 11210 makes breaking these rules punishable by fines and jail, and DOLE can act on complaints and inspections. For problems with the SSS claim itself, contact SSS through My.SSS or a branch.