Maternity Leave in the Philippines: 105 Days Under RA 11210

Maternity leave in the Philippines is 105 days of paid leave for a live childbirth, granted to every female worker regardless of how she delivers (normal or caesarean). This entitlement comes from Republic Act No. 11210, the 105-Day Expanded Maternity Leave Law signed in February 2019, which replaced the old 60-day (normal) and 78-day (caesarean) rules.

The 105 days apply to all female workers in both the public and private sectors, including those in the informal economy and voluntary or self-employed SSS members. The benefit is available regardless of the worker's civil status and regardless of the legitimacy of the child, so unmarried mothers are fully covered.

On top of the 105 days, a qualified solo parent receives an additional 15 days (for a total of 120 days), and a worker who suffers a miscarriage or emergency termination of pregnancy is entitled to 60 days. A mother may also opt to extend her leave by an additional 30 days without pay.

The number of leave days depends on the type of contingency and whether the mother qualifies as a solo parent. The table below summarizes the statutory entitlements under RA 11210.

Entitlement to maternity LEAVE (the time off) is universal for female workers, but entitlement to the SSS maternity CASH benefit has a contribution requirement. These are two different things, and it is worth keeping them separate.

For the SSS cash benefit, a private-sector member must have paid at least three (3) monthly SSS contributions within the 12-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy. The 'semester of contingency' is the six-month period in which the birth or loss occurs, and the qualifying 12 months are counted backward from the start of that semester.

The member must also notify her employer (or SSS directly, if voluntary or self-employed) of her pregnancy and probable date of delivery. Government employees receive their full pay through their agency rather than through SSS. You can estimate your standing using our SSS contribution calculator and confirm the cash amount in our dedicated SSS maternity benefit guide.

Eligibility checklist for the SSS maternity cash benefit

• At least 3 monthly SSS contributions in the 12 months before the semester of contingency
• Notification of pregnancy filed with the employer or SSS (Maternity Notification)
• Covered female worker in the private sector, informal economy, or voluntary/self-employed member
• Civil status and legitimacy of the child do not affect eligibility

For private-sector employees, pay during maternity leave comes from two sources. First, SSS pays the maternity cash benefit, computed from the member's average daily salary credit. Second, the employer pays the salary differential, the gap between the SSS benefit and the employee's full pay, so that the worker effectively receives her full salary for the leave period.

The salary differential is the employer's obligation under RA 11210, but the law allows specific exemptions. Establishments that may apply for exemption from paying the differential include retail/service micro-businesses and other enterprises with total assets of not more than ₱3,000,000, businesses operating at a loss for the immediately preceding two years, those in financial distress (receivership or liquidation), and those already granting equivalent or better maternity benefits. Exemptions are not automatic: the employer must file an annual justification with DOLE, generally within the first quarter of the year.

Note the tax treatment: the SSS maternity benefit itself is tax-exempt, and the salary differential is likewise excluded from gross income and exempt from income tax and withholding, because it is treated as a benefit arising from the maternity leave law rather than ordinary compensation.

RA 11210 lets the mother allocate up to seven (7) days of her 105-day leave to the child's father, whether or not they are married. If the father is absent, deceased, or otherwise unavailable, she may instead allocate those days to an alternate caregiver, who may be a relative within the fourth degree of consanguinity or the current partner sharing the same household.

This 7-day allocation is in addition to, and entirely separate from, the seven (7) days of paternity leave that a married father is already entitled to under RA 8187 (the Paternity Leave Act). A married father caring for his newborn could therefore receive up to 14 days off in total. The allocated days are carved out of the mother's 105 days, so they reduce her own leave accordingly.

To use the allocation, the mother must notify her employer in writing and the father or caregiver must present the notice to his or her own employer. See our paternity leave guide for how RA 8187 and the RA 11210 allocation stack together.

A mother who qualifies as a solo parent is entitled to an additional 15 days of paid maternity leave, raising her total to 120 days for a live childbirth. To claim this, she must present a valid Solo Parent Identification Card issued by the city or municipal social welfare office under the Solo Parents' Welfare Act, as expanded by RA 11861 (the Expanded Solo Parents Welfare Act of 2022).

The 15-day solo-parent add-on applies only to live childbirth. It does not attach to the 60-day miscarriage benefit. Solo-parent status also unlocks separate benefits beyond maternity leave, including the annual seven-day parental leave under the solo parent law; we cover those in the solo parent leave guide.

The process differs slightly for employed members versus voluntary or self-employed members, but the core steps are the same: notify, deliver, claim, and reconcile.

Steps for an employed private-sector member

1. Notify your employer of the pregnancy and probable date of delivery; the employer transmits the SSS Maternity Notification.
2. Take the leave (105 days for live birth, 60 for miscarriage), choosing continuous or, where allowed for live birth, a compliant arrangement.
3. After the contingency, the employer advances the SSS benefit (where applicable) and pays the salary differential, then files for SSS reimbursement.
4. Submit supporting documents (e.g., birth certificate, medical certificate for miscarriage) to substantiate the claim.
5. If you want the optional 30-day unpaid extension, give your employer written notice at least 45 days before the end of your leave (where practicable).