This blogpost concerns the employee rights during maternity and paternity leave in the Philippines.
Understanding your rights as an employee during maternity and paternity leave in the Philippines is key to ensuring a supportive work-life balance during one of the most important transitions in family life. Philippine labor laws—particularly the 105-Day Expanded Maternity Leave Law1 and the Paternity Leave Act of 19962—guarantee paid leave, job security, and protection from discrimination for eligible employees.
This guide provides a clear and comprehensive overview of maternity and paternity leave benefits, eligibility requirements, and employer obligations.
What Are the Key Laws Governing Maternity and Paternity Leave?
- RA 11210 – Expanded Maternity Leave Law: Grants 105 days of paid maternity leave to female workers in the public and private sectors, with an option to extend for 30 days without pay. Solo parents are entitled to 120 days.
- RA 8187 – Paternity Leave Act of 1996: Grants 7 days of paid leave to married male employees for the first four deliveries of their legal spouse.
These laws reinforce the protection of family welfare and recognize the need for recovery, bonding, and support following childbirth.
Who is Eligible for Maternity and Paternity Leave?
Maternity Leave Eligibility:
- Female employees in both public and private sectors.
- Must have paid at least 3 monthly contributions to the SSS in the 12-month period before childbirth or miscarriage.
Paternity Leave Eligibility:
- Male employees in the public or private sector.
- Must be legally married to the mother of the child.
- Must live with his spouse at the time of delivery or miscarriage.
Comparison Table: Maternity vs. Paternity Leave in the Philippines
| Aspect | Maternity Leave (RA 11210) | Paternity Leave (RA 8187) |
|---|---|---|
| Duration | 105 days (120 for solo parents) | 7 working days |
| Coverage | Female employees (public/private) | Male employees (married) |
| Paid Leave? | Yes (through SSS) | Yes (fully paid by employer) |
| Extension | 30 days (unpaid, optional) | Not extendable |
| Eligibility | At least 3 SSS contributions in last 12 months | Must be legally married and cohabiting |
| Frequency | Per delivery or miscarriage | First 4 deliveries/miscarriages |
| Job Protection | Yes | Yes |
| SSS Requirement | Yes | No (employer responsibility) |
How Are Maternity Leave Benefits Computed?
Maternity benefits are computed using the Average Daily Salary Credit (ADSC) multiplied by the number of approved leave days:
Benefit = ADSC × 105 (or 120 for solo parents)
This amount is paid through the Social Security System (SSS) and reimbursed to the employer, who initially advances the benefit.
Rights and Protections While on Leave
- Security of Tenure: Your job is protected during maternity or paternity leave.
- Non-Discrimination: Employers cannot use pregnancy or parental leave as a reason to demote, terminate, or reduce benefits.
- No Waiver of Rights: Employees cannot waive their entitlement to maternity or paternity leave—it is a mandatory benefit.
What Are the Employer’s Responsibilities?
Employers must:
- Process and advance maternity benefits for eligible female employees.
- Grant paternity leave without deduction from other leave credits.
- Keep records and file reports with SSS and DOLE, if applicable.
- Avoid unlawful termination or discrimination related to parental leave.
Failure to comply may result in administrative penalties and claims for damages.
Claiming Maternity or Paternity Leave: What to Prepare
For Maternity Leave:
- Notification to employer and SSS
- Maternity Notification Form
- Medical certificate or ultrasound report (if applicable)
- Proof of SSS contributions
For Paternity Leave:
- Marriage certificate
- Medical certificate of spouse
- Child’s birth certificate (after delivery)
- Leave form submitted to employer
Can Maternity or Paternity Leave Be Denied?
Under normal conditions, employers cannot legally deny leave if all eligibility criteria are met. If leave is denied:
- The employee can file a complaint with DOLE or SSS.
- Legal remedies may include payment of benefits, reinstatement, or damages for unlawful dismissal.
Additional Leave Related to Parenthood
- Solo Parent Leave (RA 8972) – 7 working days annually for qualified solo parents.
- Magna Carta of Women (RA 9710) – Additional leave for pregnancy complications.
- Proposed Bills – Some lawmakers propose extending paternity leave to 14 days or more.
What Are the Most Common Concerns About Maternity and Paternity Leave?
Many employees in the Philippines have concerns about how maternity and paternity leave actually works in practice. One frequently asked question is whether unused maternity or paternity leave can be converted to cash. Under current laws, these leaves are not convertible to cash.
The purpose of granting such leave is to provide parents with the time to recover and bond with their newborn—not as a monetary benefit. Another concern involves adoptive fathers—whether they are entitled to paternity leave.
As it stands, RA 8187 only covers biological fathers who are legally married to the mother of the child. Adoptive parents, single fathers, and partners in common-law or same-sex relationships are not yet covered under the law, though some lawmakers have proposed amendments to include them in the future.
There is also confusion over whether unmarried fathers can claim paternity leave. Legally, paternity leave is only granted to male employees who are married to their partner and cohabiting at the time of childbirth or miscarriage. Employers are not required to extend this benefit to unmarried fathers.
Another point of concern is whether paternity leave is reimbursed by the government. Unlike maternity leave, which is paid through the SSS, paternity leave is entirely employer-funded and is not subject to reimbursement by the SSS or any government agency.
Lastly, employees often ask whether paternity leave can be taken in staggered or non-consecutive days. While the law requires that the leave be taken within 60 days of childbirth or miscarriage, the manner in which the leave is availed may depend on internal company policy—some employers may allow flexibility so long as it aligns with the legal timeframe.
Are There Future Reforms Being Considered for Parental Leave?
Legislative reforms may have been discussed to strengthen parental leave benefits in the Philippines. Lawmakers have proposed bills aiming to extend the duration of paternity leave from the current 7 days to 14 or even 30 days, acknowledging the evolving roles of fathers in family life.
There may also be discussions about making paternity leave available to unmarried and adoptive fathers, as well as same-sex partners, to reflect the growing diversity of Filipino families. These proposed reforms aim to improve family welfare, reduce gender inequality in caregiving, and create a more inclusive labor policy framework.
If passed, these changes would represent a significant advancement in promoting shared parenting responsibilities and fostering a more supportive work environment for all employees.
Final Thoughts
Maternity and paternity leave are essential protections that uphold family welfare and gender equality in the workplace. Whether you are a mother recovering from childbirth or a father supporting your spouse, these benefits give you the legal security to focus on what matters most—your family.
Staying informed of your rights under RA 11210 and RA 8187 allows you to advocate for yourself and others, while employers must ensure compliance to promote a fair, family-friendly work environment.
Additional materials: Primer on Maternity Leave
Frequently Asked Questions (FAQs)
Can maternity leave be extended beyond 105 days?
Yes. RA 11210 allows an optional extension of up to 30 days without pay. Employers may also grant additional leave beyond what is required by law based on company policy or health considerations.
Are contractual employees entitled to maternity or paternity leave?
Yes. The law does not discriminate by employment status. As long as the employee meets the eligibility criteria (such as SSS contributions or legal marriage), they may be entitled to leave benefits.
Can an employer terminate an employee during maternity leave?
No. Termination during maternity leave is considered illegal unless for just cause under the Labor Code. The law ensures job protection while on parental leave.
Is it mandatory for male employees to be married to avail of paternity leave?
Yes. Under RA 8187, paternity leave is only granted to married male employees cohabiting with their legal spouse at the time of childbirth or miscarriage.
What happens if leave is denied despite meeting the requirements?
Employees may file a complaint before the DOLE or the NLRC. Remedies include reinstatement, payment of unpaid benefits, and in some cases, moral damages.
