Maternity Leave Benefit is Expanded to 105 Days per R.A. 11210 (Part 2 Of 2)
Maternity leave has been expanded to 105 days from its previous 60 to 78 days, as the case may be. It bears noting that the benefit provided does not discriminate as to the mode of delivery of the baby (natural or caesarian delivery).
In the case of miscarriage or emergency termination of pregnancy, the number of days of maternity leave benefit is sixty days. At the option of the female worker, she may avail of the additional maternity leave of thirty (30) days without pay.
Curiously, the maximum number of childbirth of four (4) was removed in R.A. 11210.
In an earlier post (Part 1), we already presented some of the salient provisions of the new maternity leave law. This is a continuation and final part of the series.
Allocation of Maternity Leave Credits of 7 days to child’s father
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.
However, in the death, absence, or incapacity of the female worker, 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. But this requires that a written notice be provided to the employers of the female worker and alternate caregiver.
This allocation of the benefit is over and above that which is provided under Republic Act No. 8187, or the “Paternity Leave Act of 1996.” In the event the beneficiary female worker 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 as provided above.
Notably, the father of the child in these instances is not required to be married to the mother. He may be a partner in a relationship.
Illustration:
Y gave birth to a baby body. The father is X. Both are not married and are employed in NCR.
Y decided to allocate 7 days to X thus, her maternity leave balance (with pay) is 98 days. If X applies for paternity leave. It will be denied because he is not validly married to Y.
The Benefit is Regardless of Civil Status
The maternity benefit is regardless of the civil status. This shall be granted maternity leave, with full pay, upon compliance with the requirements of the law.
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Maternity Leave Benefit after the Termination of an Employee’s Service
Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued. However, such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated.
Illustration:
Y was retrenched from work effective February 28, 2019. She was pregnant at that time. On March 10, 2019 delivered a baby. Thus, she applied for maternity leave benefit.
The employer denied her application since on March 10, 2019 she was not already an employee. Is the company correct? No. The maternity leave should be granted considering that it is within 15 days from the date her termination took effect.
For instance, Y was merely told not to report for work without any apparent justification effective February 28, 2019. She delivered a baby on March 20, 2019 or beyond the 15-day period. She applied for 105 days maternity. It was denied by her company contending that it was already beyond the 15-day period.
Is Y entitled to the 105-day maternity benefit? Yes. This is an exception to the 15-day limit for the accrual of the benefit after the effective date of termination.
Maternity Leave Credits
The maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed one hundred five (105) days and provided that compulsory postnatal leave shall not be less than sixty (60) days.
Illustration:
Y who was pregnant notified her employer for 60-day maternity leave so she could rest as she was found to have delicate pregnancy. The company did not agree with the 60 days contained in the notification arguing that she would leave a balance of less than 60 days for the postnatal leave.
The company is correct. The 60 days intended for the postnatal leave is compulsory. Thus, Y can only avail of maximum 45 days for the postnatal maternity leave.
Maternity Leave Benefits for Women in the Informal Economy and Voluntary Contributors to the SSS
Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy.
Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS 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.
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Maternity Benefits for Female Workers Who are Non-Members of the SSS
Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the “Social Health Insurance Coverage and Benefits for Women About to Give Birth.”
Maternity Leave of Female Worker With Pending Administrative Case
The maternity leave benefits granted under R.A. 11210 shall be enjoyed by a female worker in the government service and in the private sector even if she has a pending administrative case.
Maternity Leave for Female National Athletes
In the event a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises that participation is not medically safe or should be limited. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by her physician, in which case, she will be entitled to the allowance and benefits she had prior to pregnancy: Provided, That a female national athlete employed in the public sector shall not receive double compensation or benefits.
Non-Diminution of Benefits
Nothing in R.A. 11210 shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided, That this shall be consented to in writing by the female worker and shall primarily uphold her maternal functions and the requirements of postnatal care.
Security of Tenure
Those who avail of the maternity benefits, whether in the government service or private sector, shall be assured of security of tenure. As such, the exercise of this option by them shall not be used as basis for demotion in employment or termination. The transfer to a parallel position or reassignment from one organizational unit to another in the same agency or private enterprise shall be allowed: Provided, That it shall not involve a reduction in rank, status, salary, or otherwise amount to constructive dismissal.
Non-Discrimination
No employer whether in the public or private sector shall discriminate against the employment of women in order to avoid the benefits provided for in R.A. 11210.
Penalties
Whoever fails or refuses to comply with the provisions of R.A. 11210 shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) nor more than Two hundred thousand pesos (P200,000.00), and imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years or both. If the act or omission penalized by this Act shall be committed by an association, partnership, corporation, or any other institution, its managing head, directors, or partners shall be liable to the penalties provided in said law for the offense.
Non-renewal of business permits
Failure on the part of any association, partnership, corporation, or private enterprise to comply with the provisions of the law shall be a ground for on-renewal of business permits.
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