R.A. No.
11210
or the 105-Day Expanded
Maternity Leave Law and its
Implementing Rules and
Regulations
The Law
• Republic Act (R.A.) No. 11210
• Short title: 105-Day Expanded Maternity Leave
Law
• February 21, 2019 - Signed/approved by the
President
• February 23, 2019 – Newspaper publication in
the Manila Bulletin
• March 11, 2019 – Effectivity
• Section 19 – CSC, DOLE and SSS to issue an IRR
The Law (Basis)
• International Labor Organization (ILO) - calls for
14 weeks (98 days) paid maternity leave for
mothers, including a cash benefit that should
be no less than two-thirds of their previous
earnings or a comparable amount.
([Link])
• The 1987 Constitution, Magna Carta of
Women, Solo Parents’ Welfare Act of 2000 and
Paternity Leave Act of 1996
The Law (Salient Features)
• 105 days leave with full pay
• 30 days leave extension (without pay)
• 15 days leave for solo parent female workers
• Allocation of up to 7 days of the leave period
• 60 days leave with full pay for female workers
who suffered miscarriage or emergency
termination of pregnancy (ETP)
The Law (Coverage)
Regardless of:
• Civil and employment status of the female
worker
• Length of service of the female worker
• Legitimacy of the child
• Mode of child delivery (normal or caesarian)
• Frequency – Every instance
• Must be availed of fully
Implementing Rules and
Regulations
• Signed on May 1, 2019
• Published in Philippine Daily Inquirer
and Bulgar on May 2, 2019
The Implementing Rules and Regulations
Who are covered? (Sec. 1, Rule III)
• Female workers in the public sector (gov’t)
• Female workers in the private sector
• Female workers in the informal economy
• Female members/voluntary contributors to
the SSS
• Female national athletes
IRR (Application)
• Application - CS Form No. 6 with
medical certificate
• Prior notice – File 30 days in
advance/before the expected date of
delivery, whenever possible
• Clearance
IRR (Manner of enjoyment)
(Sec. 2, Rule IV)
• Continuous and uninterrupted
manner
• Prenatal – 45 days
• Postnatal care - at least 60 days
IRR (Extended maternity leave)
(Sec. 3, Rule IV)
• Period – up to 30 days
• Without pay (Not gap in the service); or
charged against earned leave credits
• Notice requirement– at least 45 days before
the end of the maternity leave; or subsequent
notice in case of emergency
IRR (Enjoyment)
(Sec. 5, Rule V)
Female worker may go on maternity leave
even with:
• Pending clearance from money, property and
work-related accountabilities
• Pending administrative case
• Pending claim
IRR (Teachers)
(Sec. 3, Rule V)
• Teachers may avail maternity leave
even during long vacations, i.e.,
summer and Christmas vacations
• Maternity leave benefits and PVP shall
be granted
IRR (Consecutive pregnancies)
(Sec. 6, Rule V)
• In case of overlapping claims, maternity
leave shall be granted per contingency
• One payment per contingency,
regardless of the number of offspring
(e.g. twins)
IRR (Claims)
(Sec. 7, Rule V)
• Claims shall be filed to the agency
• Claims may be appealed to CSC Regional
Office and Commission Proper
• Payment shall not be delayed even with
pending claim.
Quick
Answers
to FAQs
Q: Effectivity (Start of
availment)
• March 11, 2019
• The effectivity date is indicated in the
newspaper publications on May 2, 2019
• Press release and MC to circularize the
IRR to follow
Q: IRR or Omnibus Rules on
Leave?
• Law and IRR
• The law and the IRR have superseded the old
maternity leave rules under the Omnibus
Rules on Leave
• Amendment to the pertinent provisions in
the Omnibus Rules on Leave to follow
Q: (Form of the written notice/
application for maternity leave)
CS Form No. 6
• CS Form No. 6 or the prescribed civil service
leave form shall be used, pending its
amendment and approval of a separate
form, i.e., allocation of maternity leave
Q: Where can we
access/download the IRR?
CSC and DOLE websites
• A secured soft copy of the IRR (PDF format) can be
accessed and downloaded on the CSC website
(Issuances tab -> Government Issuances button)
• Also, on DOLE’s website. Go to Issuances section ->
Implementing Rules and Regulations button
Q: Are COS/JO workers in gov’t
covered?
• Yes
• If they are contributing self-employed/
voluntary members of the SSS, they
shall receive payment from SSS.
Q: (Allocation of maternity
leave)
• Only an employed female worker can
allocate her maternity leave to the
employed child’s father/alternate
caregiver.
• Allocated leave may be used continuously
or intermittently.
thank you.
