Maternity leave for the private sector

Dear PAO,

I am expecting my first child in a few months. As someone who is working in the private sector, what are the conditions for availing of the maternity benefit?

Martha

Dear Martha,

Please be informed of Section 5 of Republic Act 11210, otherwise known as the “105-Day Expanded Maternity Leave Law,” which states that:

“Section 5. Maternity Leave for Female Workers in the Private Sector. — Any pregnant female worker in the private sector shall be granted a maternity leave of one hundred five (105) days with full pay, regardless of whether she gave birth via caesarian section or natural delivery, while maternity leave of sixty (60) days with full pay shall be granted for miscarriage or emergency termination of pregnancy.

“(a) A female Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit which shall be computed based on her average monthly salary credit for one hundred five (105) days, regardless of whether she gave birth via caesarian section or natural delivery, subject to the following conditions:

“(1) That the female worker shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;

“(2) That the full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;

“(3) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits have been received;

“(4) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the female worker by the employer upon receipt of satisfactory and legal proof of such payment; and

“(5) That if a female worker should give birth or suffer a miscarriage or emergency termination of pregnancy without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to.” (Emphasis supplied)

Based on the above-stated, a female member of the SSS who has paid at least three monthly contributions in the 12-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid the abovementioned daily maternity benefits, subject to the following conditions:

(1) The pregnant employee needs to inform her employer and the Social Security System (SSS) about her pregnancy and the expected childbirth date, and such notice will be transmitted to the SSS;

(2) The employer must give the full payment for maternity leave within 30 days of the application;

(3) Payment for the daily maternity benefits prevents the employee from claiming sickness benefits;

(4) The SSS will promptly reimburse the employer for 100% of the maternity benefits paid, once they receive legal and satisfactory proof of payment; and

(5) If a female worker gives birth or experiences a miscarriage without the employer submitting her contributions to the SSS or notifying them in advance, the employer must pay the SSS damages equivalent to the benefits the female member would otherwise be entitled to.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]