Republic Act 11210 is also known as the Expanded Maternity Leave Law, a legislation that provides better benefits for pregnant women as compared to the previous laws. This aims to improve maternal and child health through allowing women to receive the necessary care and benefits they need as they navigate through motherhood. Overall, it targets to strengthen the commitment to the health and welfare of women, especially after the birth of their child or children1.
Coverage
RA 11210 has expanded its coverage, specifically on the frequency of availment. Working women, regardless if they are from the private or government sectors, or if they belong to the formal or informal economy (this includes household help or kasambahay). National athletes are also covered by this act. Previously, there was a limit to the number of times women can avail of the maternity benefit. However, RA 11210 provides no distinctions. Women can enjoy this benefit regardless of their civil status, their child’s legitimacy status, mode of delivery (whether cesarean or normal), and frequency of childbirth. For every pregnancy, women are entitled to the said benefits.
Although, it is important to take note of the qualifying condition, their contribution to SSS. They must be paying their contributions to SSS in order to avail of the benefit.
Benefits
Generally, under the act, women are given 105 days leave with pay regardless if they delivered through normal or cesarean. An additional 15 days of paid leave are given to the mother if she is a solo parent – which totals to 120 days paid leave. The act also provides that women are entitled to an option extension of their leave for 30 days, however, this would be unpaid. The act does not only cover women who gave birth, but also those who suffered a miscarriage or underwent an emergency pregnancy termination. They are entitled to 60 days leave with pay.
Job Security and Return-To-Work Protections
The act does not only provide women benefits for their pregnancy, but it also covers their economic welfare by safeguarding their job security and having return-to-work protections. Employers are expected to provide their employees with a security of tenure wherein they cannot dismiss their employees due to their pregnancy and or being on maternity leave. Once an employee returns to work, she shall be reinstated to the same or equivalent position that she was in prior to her leave. The act allows employees to focus on their recovery, postpartum care, and stronger mother-child bonding without worries in finances and in their work. Consequently, the act also promotes the encouragement of women in the labor force as it protects them of their employment.
Compliance Audits, Penalties, and Remedies
By law, all employers are obligated to provide this benefit to their employees given that they qualify for its conditions. Otherwise, they may face administrative/civil or even criminal consequences for non-compliance. Employees also have the prerogative to file an administrative complaint with DOLE for private employees or with the CSC for government employees. Additionally, complaints may also be filed with the National Labor Relations Commission. They may file a case for the reasons of unpaid maternity benefits, unlawful dismissal, seeking reinstatement, back pay, and damages. The act provides remedies for the employees which are grievance steps, complaints, and timelines. Consequently, employers shall be subject to inspection for investigation.
- Republic Act No. 11210: 105-Day Expanded Maternity Leave Law. (2019). Official Gazette of the Republic of the Philippines. ↩︎
