On May 1, 2019, the Civil Service Commission, in collaboration with the Social Security System and the Department of Labor and Employment, released the IRR for RA 11210.
This Republic Act pertains to the Expanded Maternity Leave Law. It is a privilege to working moms in both private and government sectors to enjoy maternity leave with pay. Those who gave birth starting March 11, 2019, and forward are qualified to claim the benefits. 105 days fully paid maternity leave for live birth delivery and 60 days in case of miscarriage. Additional 15 days is given if the mother is identified as a solo parent based on the criteria of RA 8972.
This Republic Act covers all working mothers regardless of the employment status, legitimacy of the child, length of service, and civil status.
How to avail Expanded Paid Maternity Leave?
Anyone who will avail the Expanded Maternity Leave benefit can enjoy it continuously. This means that the mother is required to report for work after the 105-day or the 60-day paid leave. To qualify for the RA 11210, the mother should file the maternity leave 30 days prior to the scheduled delivery date.
The female employee can opt to use the sick leave credits or avail 30 days additional leave without pay. In case the sick leave credits are consumed, she can use the vacation leave credits. The employee must submit a written notice to the employer 45 days before the maternity leave ends.
Allocation of the maternity leave
The good thing about this maternity leave is that the father can also benefit from it. Seven days of the maternity leave can be allocated to the father aside from the seven days paternity leave pursuant to RA 8187. The allocation can be given to a caregiver in case of the absence, incapacity, or death of the father. The caregiver must be a relative within the 4th degree of consanguinity.
If the mother becomes permanently incapacitated or dies, the father of the child or the caregiver can claim the maternity leave benefits if not yet commuted to cash. However, if the benefits have been claimed by the female worker, the father or the caregiver will be excused from work but without pay.