Maternity and Paternity Leave in the Philippines: Complete Employee Guide
Complete guide to maternity and paternity leave in the Philippines. Covers the Expanded Maternity Leave Act, paternity leave entitlement, and how benefits are paid.
Maternity and Paternity Leave in the Philippines: Complete Employee Guide
Starting or growing a family is a life-changing milestone, and the Philippine government has enacted strong protections to ensure working parents can do so without fear of losing income or employment. Here's your complete guide to maternity and paternity leave in the Philippines.
Maternity Leave: Republic Act 11210 (Expanded Maternity Leave Act)
The Expanded Maternity Leave Law (RA 11210), which took effect in 2019, dramatically expanded maternity leave entitlements for Filipino women. It applies to all working women in the private and public sector, regardless of civil status or legitimacy of the child.
How Many Days of Maternity Leave?
| Delivery Type | Days of Paid Leave | |--------------|-------------------| | Normal delivery (live birth) | 105 days | | Cesarean section | 105 days | | Multiple birth | 105 days | | Miscarriage or emergency termination | 60 days | | Solo mothers (under RA 8972) | 120 days |
Can Maternity Leave Be Extended?
Yes. A female employee can apply for an additional 30 days of optional leave — but this extension is unpaid and requires employer approval.
Additionally, the law allows a female employee to transfer up to 7 days of her paid maternity leave to the child's father or an alternate caregiver (if the father is unavailable or deceased). This must be requested in writing and is subject to SSS and employer coordination.
Who Pays for Maternity Leave?
SSS covers maternity leave pay for eligible female members in the private sector. Here's how it works:
- The employer advances the full maternity benefit to the employee
- The SSS reimburses the employer for the SSS portion
- The employer covers the difference between SSS benefit and actual salary (if any)
To be eligible for SSS maternity benefits, the employee must have at least 3 monthly SSS contributions in the 12 months immediately before the semester of her childbirth or miscarriage.
SSS Maternity Benefit Computation: Average Monthly Salary Credit (AMSC) ÷ 180 × Number of compensable days
How to File Maternity Leave
- Notify your employer as soon as possible (ideally at least 4 weeks before the expected delivery date)
- Submit required documents to HR:
- SSS Maternity Notification Form
- Medical certificate or ultrasound report
- 201 file and SSS number
- Employer files with SSS on your behalf
- Receive your benefit either directly from employer (who is later reimbursed by SSS) or through SSS directly, depending on employer setup
Can Maternity Leave Be Denied?
No. Maternity leave is a statutory right and cannot be denied to any qualifying female employee. Dismissing an employee because of pregnancy is also prohibited under the Labor Code and RA 11210.
Paternity Leave: Republic Act 8187
Male employees are entitled to 7 days of paid paternity leave under the Paternity Leave Act of 1996 (RA 8187).
Who Qualifies?
- Married male employees
- In the employ of any public or private entity
- For the first four deliveries of the legitimate spouse
How Many Days?
7 days of paid paternity leave for each qualifying delivery (up to 4 children). The leave must be taken within the period of 60 days from the date of delivery.
How Is Paternity Leave Paid?
Unlike maternity leave, paternity leave is entirely funded by the employer — there is no SSS reimbursement for paternity leave.
Filing for Paternity Leave
- Submit a written application to HR before the expected delivery date (if possible)
- Provide documentation of the marriage and expected/actual delivery date
- Leave should be applied within 60 days of the delivery
Solo Parent Leave: Republic Act 8972
Solo parents with a valid Solo Parent ID from the DSWD are entitled to an additional 7 days of paid leave per year — on top of their other leave entitlements. This benefit covers both male and female solo parents.
A solo parent is defined broadly under RA 8972 and includes:
- Widows/widowers with children under 18
- Unmarried mothers/fathers
- Parents abandoned by their spouses
- Those who are the sole provider due to their spouse's incapacity
Gynecological Surgery Leave: Magna Carta for Women
Under RA 9710 (Magna Carta for Women), a female employee who has rendered at least 6 months of service and undergoes surgery caused by a gynecological disorder is entitled to:
- Up to 2 months of special leave with full pay
- This applies to disorders such as endometriosis, myomas, ovarian cysts, and similar conditions
Maternity and Paternity Leave at ShoreAgents
ShoreAgents fully complies with the Expanded Maternity Leave Act, the Paternity Leave Act, and all associated DOLE regulations. Our HR team supports expecting employees through the filing process, ensures SSS notifications are submitted on time, and coordinates benefit payments so you can focus on your family.
We believe a family-supportive workplace builds loyalty, reduces turnover, and creates a healthier, more engaged team. Our People & Culture team is always available to guide staff through their leave entitlements.
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