105 Days Paid Maternity Leave Now Guaranteed By Law!

10-Mar-2020
105 Days Paid Maternity Leave Now Guaranteed By Law!

So, you want to know everything there is to know about the newly expanded maternity leave benefits in the Philippines

You’re in luck, because we bring great news, and yet another reason to smile! 🙂 

Everything You Need to Know About The Expanded Maternity Leave Act: 

  1.  The Government’s New Law
  2.   Who is Entitled to Expanded Maternity Leave?
  3.  What About Fathers?
  4.  How to Apply at Smiles
  5.  How this Affects Our Client Operations
  6.  A Summary of What the Law Says

  7. The Government’s New Law

    Yes, you heard it right…ALL expecting mothers-to-be in the Philippines are now guaranteed 105 days paid maternity leave!

    When the Department of Labor and Employment (DOLE) signed the IRR papers back in May, women all over the nation breathed a sigh of relief. 

    Prior to the new law being passed earlier this year, mothers were only granted 60 days of paid leave for normal delivery and 78 for cesarean section. 

    Not at all long enough to cherish those precious newborn moments… 

    Consequently, lots of mothers would struggle to balance their careers and caring for their babies. 

    Until now, there was also a cap for 4 pregnancies per woman.

    After her fourth pregnancy, a woman would no longer be entitled to any benefits.  

    Senator Rise Hontiveros, the chairperson of the Senate committee on women, hailed the signing of the IRR stating:

    “This law is not only confined to the offices and factories, but also covers the many homes where women do reproductive labor. By including them, the law clearly recognizes the productive and reproductive work of women.”

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    Who is Entitled to Expanded Maternity Leave?

    Regardless of the mode of delivery, civil status, legitimacy of the child, and employment status, female workers:

    • in both public and private sectors
    • as well as the informal economy (such as national athletes, and those who are voluntary contributors to the Social Security System

    are now entitled to 3 months paid maternity leave. 

    maternity leave

    We hope that this uplifting news brings more support, hope, and peace to expecting parents, and at Smiles, we happily implemented the new rules and regulations effective immediately; all employees should feel confident, and excited by the possibilities of raising a family. 

    53% of our workforce is female and they all enjoy a forward-thinking career at Smiles, which enables them to provide for their families and communities. 

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    Other Things to Know

    You should also know that this maternity can be extended by 30 days without pay

    Solo working mothers would also get an additional 15 days, for a total of 120 days of paid maternity leave. 

    In cases of miscarriage or emergency termination of pregnancy, 60 days of maternity leave with full pay shall be granted to female workers. 

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    What About Fathers? 

    As for fathers? 

    A total of 7 days out of the 105 days of leave can be transferred to them. 

    This would expand their leave to 14 days. 

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    How to Apply at Smiles

    We do everything we can to show our employees how much their work is valued here at Smiles, from above-average salaries, benefits, and perks like lunch and transport, to HMO health care plans

    We’re small enough to care about every individual. 

    Upon confirmation of pregnancy, we encourage female workers to inform admin/HR as soon as possible and specify their effective date of the leave. 

    expanded maternity leave act.
    1. The first thing female employees at Smiles should do is fill out a Maternity Notification Form. Please attach the ultrasound report, medical certificate, and 2 signed copies of valid identification. 
    2. Once you have this, present them to the Social Security System’s office and get them stamped as received. 
    3. Please bring the stamped documents to Smiles Admin office so we can process the Maternity paid leave effectively. 
    4. Our Admin/HR will discuss with you in person and in detail the company’s maternity leave policy. 

    However, in the rare event the female worker failed to notify Smiles of her pregnancy, the company will not bar you from receiving maternity benefits; subject to the guidelines to be prescribed by the Social Securities System.

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    How This Affects Client Operations at Smiles

    At Smiles, we’re proud to have created a structured, proven process way of working that delivers results.

    Smiles clients need not worry that the new law will impact their teams/operations.

    Every business should be able to gain the advantages of an offshore workforce without the risk or uncertainty. That’s why seasonal employees are selected, trained, and ready to step in before maternity leave starts, for the entire duration of the maternity leave period.

    In our eyes, the new law is a great win and will not negatively affect your business in any way. 

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    A Summary of What the Law Says

    To recap here is a summary of the RA 11210 expanded maternity benefits for your reference: 

    1. Maternity leave of 105 days full pay if the female gives birth via cesarean or natural birth. 
    2. Maternity leave of 60 days with full pay in the case of miscarriage or pregnancy loss before the 20th week of gestation, or in the case of emergency termination on or after 20th week and includes stillbirth. 
    3. You are entitled to allocate 7 days of your leave to the farther or alternate caregiver. 
    4. Additional maternity leave of 30 days can be given without pay in case of live childbirth. You must provide written notice to the employer given at least 45 days before the end of your maternity leave. In the case of medical emergencies, prior notice is not always necessary. 
    5. Additional maternity leave of 15 days with full pay is available to eligible female employees defined under the solo parent act. 
    6. Female workers with pending administrative cases are entitled to maternity leave benefits. 
    7. Post-termination maternity leave entitlement (ie, in the case the qualifying event occurs not more than 15 calendar days after the termination of employment), except in cases of illegal dismissal. 
    8. Non-diminution of existing benefits including alternative working arrangement validly agreed upon and non-discrimination of female workers. 
    9. Security of tenure except in instances of transfer or reassignment within the same enterprise. There is also no reduction in rank, status, salary or another amount to constructive dismissal. 

    We embraced this announcement with a smile, and hope to see more government laws passed in the Philippines that create a brighter future for everyone

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