Maternity and Work
Maternity Leave
The entitlement to maternity leave under the Labor Code and Social Security Law applies to all female employees, whether married or unmarried. A female worker must be a member of social security system and is employed at the time of her delivery or miscarriage; has given the require notice to the social security system through her employer; and has paid at least three months; contributions to the social security system within the 12-month period immediately preceding the date of contingency (child birth or miscarriage).
Every pregnant worker in the private sector, whether married or unmarried, is entitled to a maternity leave benefit of 60 days in the case of normal delivery or miscarriage and 78 days in case of caesarian child birth.
The exceptions include government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
In accordance with the Republic Act 11210, female workers can avail 105 days of maternity leave. The law provides for an extra 30-day unpaid maternity leave. There is a provision for additional 15 days of maternity leave if a worker qualifies as solo parent, as defined under the Solo Parents Welfare Act 2000. There is a provision for 60-day maternity leave in case of any miscarriage or emergency termination of pregnancy. Worker is also entitled to have Social Security System maternity benefits including health care for pregnancy related situation. Maternity leave can be availed as combination of pre-natal and post-natal as long as it does not exceed 105 days or 60 days in case of miscarriage or emergency termination of pregnancy. Employers who fail or refuse to comply are punishable by fine of PhP 20,000 to PhP 200,000 and imprisonment of 6 years to 12 years, or both.
Source: §131 of the Labour Code, as amended; §14-A of the Social Security Law (R.A. No. 1161), as amended; http://www.senate.gov.ph/press_release/2017/0306_ pangilinan1.asp; Republic Act No. 11210
Income
The monetary benefits for maternity leave are regulated under Social Security Law.
In order to qualify for maternity benefits under the Social Security Law, a woman must:
(a) Have made at least 3 monthly contributions in the 12-month period immediately preceding the semester of confinement or miscarriage;
(b) give notice to her employer of her pregnancy and the expected date of confinement, which must then be forwarded by the employer to the Social Security System
(c) Be expecting one of her first 4 deliveries or miscarriages.
The entitlement to maternity leave pay under the Social Security Law is for 60 days, or 78 days in the event of caesarian delivery.
Source: §131 of the Labour Code, as amended; §14 and 18 of the Social Security Law (R.A. No. 1161), as amended;
https://www.sss.gov.ph/sss/DownloadContent?fileName=2016_SSS_Guidebook_Maternity.pdf
Free Medical Care
Medical benefits for workers are regulated by Philippine Health Insurance Corporation which collects contributions for the medical care program and oversees the provision of benefits. Medical care is however provided by accredited providers. Both the parties contribute 1.25% (total 2.50%) of the insured worker’s salary bracket, according to 25 salary brackets.
The employed persons must have at least three months of contributions in the six months before hospitalization. Self-employed persons and voluntarily insured persons must have at least three months of contributions in the six months before hospitalization if no surgical procedure is involved; nine months in the 12 months before hospitalization if a surgical procedure is involved. Contribution conditions are waived for registered retirees and pensioners, certain categories of people with low or no income, and overseas workers.
Accredited health care providers offer inpatient and outpatient services that are paid directly by the health fund according to a fixed schedule. There is also cost sharing for general and specialist care, hospital care, laboratory and X-ray fees, surgery, and medicine. Inpatient treatment is limited to 45 days a year. Inpatient treatment abroad is reimbursed according to an established fee schedule for claims submitted within 180 days of discharge.
Information on pregnancy related benefits could not be located in the legal sources.
Source: ISSA Country Profile for the Philippines 2016; https://www.philhealth.gov.ph/
Regulations on Maternity and Work
- Labour Code (Presidential decree No. 442 of 1974)
- Social Security Law (R.A. No. 1161), as amended
- Expanded Breastfeeding Promotion Act of 2009 (Republic Act No. 10028)
