Expanded Maternity Leave Credits Allocation in both the Private and the Public Sectors

Expanded Maternity Leave Credits Allocation in both the Private and the Public Sectors

Expanded maternity leave benefits to a female employee may be allocated up to seven (7) days to the child’s father or to an alternate caregiver, as the case may be.

Related: Expanded Maternity Leave Articles; Expanded Maternity Leave Law R.A. 11210; Expanded Maternity Leave and its IRR (PDF); SSS Circular 009-2019

Section 6 of R.A. 11210 provides that any female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker.

The female worker shall notify her employer of her option to allocate with her application for maternity leave. (Sec. 2, Rule VIII, IRR of R.A. 11210) If the female worker works in the public sector she shall submit a written notice to the head of agency or the head of agency’s authorized representative, with her application for maternity leave. (Sec. 3, Rule VIII, IRR of R.A. 11210)

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As applicable, the father or, in his death, absence, or incapacity, the alternate caregiver shall be granted by his employer a leave with pay equivalent to a period from one (1) to seven (7) days, which may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of. (Sec. 2, Rule VIII, IRR of R.A. 11210)

The father or the alternate caregiver, as the case may be, shall notify the employer concerned of his or her availment of the allocated leave and the inclusive dates therefor. (Sec. 2, Rule VIII, IRR of R.A. 11210)

In the public sector, if full pay has been given to the female worker, the child’s father or the alternate caregiver, as the case may be, shall only be excused from work (leave without pay). The leave without pay shall not be considered as a gap in the service. (Sec. 3, Rule VIII, IRR of R.A. 11210)

In case of death, absence, or incapacity of the father, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child. (Sec. 6, R.A. 11210) The current partner mentioned may be granted the allocation regardless of sexual orientation or gender identity. (Sec. 1, Rule VIII, IRR of R.A. 11210)

Written notice of such option should be given to the employers of the female worker and alternate caregiver. The allocated maternity benefit is over and above that which is provided under R.A. 8187, or the Paternity Leave Act of 1996. (Sec. 6, R.A. 11210)

In case the female worker avails of the option to allocate, the SSS shall pay her the amount of the maternity benefit corresponding to the period not allocated. (Sec. 2, Rule VIII, IRR of R.A. 11210)

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In the event that the beneficiary female worker or dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver mentioned. (Sec. 6, R.A. 11210). This shall be subject to the following conditions: (Sec. 4, Rule VIII, IRR of R.A. 11210)

  1. That the maternity leave benefits have not yet been commuted to cash, if applicable; and
  2. That a certified true copy of the death certificate or medical certificate or abstract is provided to the employers of both the female worker and the child’s father or alternate caregiver

If the maternity leave benefits of the deceased or permanently incapacitated female worker have already been paid to the latter in full, the child’s father or alternate caregivers shall be entitled to enjoy the remaining unexpired leave credits of the female worker, if there be any. Such leave without pay shall not be considered as a gap in the service of the child’s father or alternate caregiver. This applies to both public and private sectors. (Sec. 4, Rule VIII, IRR of R.A. 11210)

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