FAQs: 105-Day Expanded Maternity Leave Law

1. How many days of maternity leave are allowed under the law?

➢ Working mothers can file 105 days of Maternity Leave with full pay

➢ They can also file an additional 30 Days of optional leave without pay

➢ Mothers who suffered from miscarriage can file 60 Days of Maternity Leave with full pay

2. Who will benefit from this law?

➢ All working mothers in:

  • the government
  • the private sector
  • the informal sector, or any SSS member with voluntary contribution

3. What are the additional benefits for solo parents?

➢ Qualified Solo Parents under the law are granted additional 15 Days of paid MaternityLeave, on top of the 105 Days.

4. Can an unmarried woman apply for a maternity leave?

➢ Yes. Maternity leaves are granted regardless of the mothers’ civil status or their children’s legitimacy.

5. Can working mothers re-apply for maternity leave if they get pregnant again?

➢ Yes. Working mothers can apply for maternity leave in every instance of pregnancy.

6. Can a working mother apply for maternity leave even after she gets terminated from work?

➢ Yes. A mother can still apply for maternity leave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated.

7. Will female athletes also benefit from this law?

➢ Yes. Female athletes are also entitled to the maternity leave benefits. They will also continue to receive allowances and benefits that were granted to them before their pregnancy.

8. Can a working mother transfer her maternity leave benefit to her husband or relative?

➢ Yes. A working mother may allocate up to 7 Days of her maternity leave to the child’sfather.

➢ In the absence, death, or incapacity of the father, the 7 Days may be allocated to a relativeup to the 4th degree or to the mother’s current partner.

9. How much should a working mother receive from her 105-Day maternity leave?

➢ Working mothers who avail of maternity leave must receive their full pay.

10. Who will pay for them?

Public Sector:

➢ Working mothers will be paid by their respective agencies.


Private Sector:

➢ SSS will cover the payment, the amount of which will depend on the monthly salary credit of the female member.

➢ In cases where the salaries of mothers are higher than the actual cash benefits they will receive from SSS, the employers are required to pay them a salary differential for the entire duration of their maternity leave.

11. What are the penalties for those who will violate this law?

➢ Employers or agencies who violate this law will be fined from P20,000.00 to P200,000.00; or will be imprisoned for at least 6 years and 1 day or not more than 12 years. Moreover, their business permits shall no longer be renewed.

File photo: Deputy Speaker and 105-Day Expanded Maternity Leave Law principal author and sponsor Pia S. Cayetano does her signature ‘women power’ pose with women graduates of TESDA in Taguig City.

10 thoughts on “FAQs: 105-Day Expanded Maternity Leave Law”

  1. Hi po.. Example po employee is receiving 50K average monthly salary. Does the “Full Pay” means that the employee will still receive the 50K/month pay and the pay differential will shoulder by the employer? In this case, 16k from SSS (current SSS set MBSC) and 34k from the employer? Is this correct?

  2. When will this take effect? Will an employee who gave birth in Jan 2019 and who is currently on maternity leave be covered retroactively by this?

  3. Hi po just want to clarify, 105 working days po ba ang ibig sabihin?or calendar days talaga?like kami po we have no work on saturdays and sundays,, does this days included in the 105 days counting?thank you po.God Bless

  4. Mam maavail ko po ba ito due ko po kasi April 23, Hindi po kasi ako masagot ng employer ko at Pati sa sss office wala pa daw po binababa na process salamat po sa pagsagot

  5. Mag apply pa po ba yung rule ng SSS na first 4pregnancy lng po coverage? Pano nman po kung ika 5th,6th,7th, 8th and so na?

  6. Hi po, since meron na po IRR. Itong binanggit nyo po ba ay kasali sa IRR? Worried po kc ako na SSS reimbursement lang ibigay ni employer. Thanks.

    Private Sector:

    ➢ SSS will cover the payment, the amount of which will depend on the monthly salary credit of the female member.

    ➢ In cases where the salaries of mothers are higher than the actual cash benefits they will receive from SSS, the employers are required to pay them a salary differential for the entire duration of their maternity leave.

  7. Hi,

    Would like to know if when will the P70,000.00 Mat leave claim will take effect? I am currently being deducted by P2,400.00 already since April 2019 and my expected delivery is on 1st week of Oct 2019. Will i be getting the P70k already or still under the 32k mat leave claim?.
    Thanks in advance!

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