Motherhood,  Parenting

What Do We Need To Know About The 105 Days Expanded Maternity Leave? ( With Video )

It was a privilege to be part of an intimate discussion with Senator Rissa Hontiveros and other Mommy bloggers and influencers about the new Expanded Maternity Leave or RA 11210.

This is definitely a BIG WIN not just for us mothers but MOST of all for our BABIES. I am all for giving credit where it is due! Thank you Akbyan Party List Representative Tom Villarin and Senator Rissa Hontiveros for championing this law! After 26 years, this is a historic victory not just for women but most of all for babies! This law will truly empower women! 

So what do we need to know about the 105 Days Expanded Maternity Leave?

📍 From 60 days for normal delivery and 78 days for caesarean delivery, maternity leave is now 105 days. It grants to all covered female workers in the government and the private sector, including the informal economy. With an option to extend for another 30 days without pay.

📍 If the female worker is a solo parent, as defined in the Solo Parent Act (R.A. No. 8972) she can have an additional 15 days of fully paid leave.

📍 The mother can transfer 7 days of her leave benefits to the father, extending the latter’s paid paternity leave to 14 days. ( Let’s wait for the IRR – Implementing rules and regulations for the technical details) 

📍In the death, absence or incapacity of the father, the mother can choose to allocate up to 7 days of her maternity leave benefits to a relative within the fourth civil degree of consanguinity or the current partner of the mother, as long as they share the same household. 

📍Maternity leave shall be granted in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency. Female workers who suffered a miscarriage or had to undergo an emergency termination of the pregnancy are allowed to have a 60-day maternity leave.

📍There’s a penalty for companies who will fail to comply. Also, we have an anti discrimination law so they can not not hire women just for this law. Besides, I personally think, they can afford to lose women in the work force. 

📍Employers who fail or refuse to comply with the provision of the law may be subject to a fine of not less than P20,000.00 but not more than P200,000.00, and imprisonment of not less than 6 months and 1 day but not more than 12 years.

📍 For those who gave birth after March 8, 2019 you can still avail this. This is retroactive. The new law will take effect after fifteen (15) days from its publication in the Official Gazette (21 February 2019) or in a newspaper of general circulation. The implementing rules are expected to be issued within 60 days.

The Implementing Rules and Regulations or IRR is expected to come out this May.

Thank you as well to Atty Jaye Bekema for all your contributions and hardwork for #EML105days #RA11210 

Thank you Maricel and Beng of The Parenting Emporium for hosting this discussion.  I would love to attend meaningful discussions like this!

For questions and clarifications, you may comment down below.

To view the complete law, you may check it here https://www.officialgazette.gov.ph/downloads/2019/02feb/20190220-RA-11210-RRD.pdf

To watch our full discussion, check the video below.

14 Comments

    • LEY ALMEDA

      Hi Phing! Thank you for visiting! 🙂 Feel free to subscribe! 🙂 checking yours too! I also love to travel but motherhood happened 🙂 hopefully this year we can travel as a family

  • Joyce Anne Dacumos

    Hi I asked our Hr department they said there is no proper guidelines yet from SSS.May I know when it will be Implemented?I gave birth March 28,2019.Please response.I just want to make sure I will avail the 105 days for my baby.Thank you so much.

  • Sarah

    Hi Miss Ley, baka pwede po magconsult sainyo. About sa EML po sana, question lang po. March 12,2019 po ako nanganak Cs section. Nakapag file ako ng Mat1 at naclaim ko po ang pera for my ML from our company. Bale po mag consult po ako kase sinunod ng HR namin ang 78days from the current law, gaya nga po ng sagot nyo sa mga questions ng ibang mommy sa post nyo na cover pa rin talaga dapat from March 8 onwards pero since wala pa IRR yung current law ang sinusunod ng HR. Regarding lang po sa MAT2 ko for the other half ng dapat ko iclaim, would it be best na ifile ko ang MAT2 ko pagkababa ng IRR or okay lang po ifile ko na sya sa HR namin? Nagconsult na po ako sa HR namin pero ang palagi lang kase nila sagot di daw ako cover talaga ng EML. Maraming salamat po.

    • LEY ALMEDA

      Hi Sarah, sorry for the late reply. Ano ang update? Were you able to get the 105days maternity leave benefit?

  • Charlote

    Hello po ask ko lang.. bali nag resign ako last june 2018 then nanganak ako ng nov. last year di ko pa nakukuha maternity benefit ko madadagdagan po ba makukuha ko na benefits.. salamat or kung makocover pa ba ako sa 105 days

  • suzette dela cruz

    Ask ko lang po po ung computation. is this same as old computation? saka medyo magulo po kasi ung pagtransfer ng 7 day. pano po malalaman both parties na nagbigay sya ng 7 day since ang nakalay dito dapat berofe 1 month of maternity e ibigay na sa employee ung buong maternity benefits.

    • LEY ALMEDA

      Hi, hindi na siya same computation. better to call SSS or your HR department for the other process like how to transfer the 7 days leave

  • Siena

    Hi Ms Lei may question po ako if nag work from home ako during my ML babayaran po ba ako ng company ko? Thanks in advance

  • ladylyn babon

    Hi po, yung mat benefits po ba is mandatory na dapat ibigay sa employee a month bgo yung due nya? Kelan po b dapat ifile ang mat leave?

    • LEY ALMEDA

      Hi Lady,

      Thank you for visiting my blog. No, hindi mandatory na ibigay a month before your due date. Normally you get the money after giving birth dahil may mga requirements na kailangan dito as attachment tulad ng medical abstract na mangagaling sa hospital.
      ang Mat 1 ay need i file right after malaman mo buntis ka. You need to fill up Mat 1 form and submit copy ng ultrasound.

      Mat 2 naman ay need ifile after giving birth. makukuha mo ang form sa hospital mismo pag manganganak ka na. may kailangan pirmahan doon ang OB mo. congrats and have a safe delivery!

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