PARENTAL LEAVES

Maternity leave

refers to the paid leave granted to a female employee for:

• Pregnancy

• Miscarriage

• Emergency termination of pregnancy

It aims to provide the female employee ample time to regain health, transition to maternal roles, and ensure wellness.

Coverage

This benefit applies to female employees, regardless of:

• Civil status

• Employment status

• Legitimacy of the child

Duration of Maternity leave

• 105 days with full pay for live childbirth.

• Additional 15 days with full pay for employees who qualify as solo parents under RA 8972, as amended by RA 11861.

• 30 days of additional maternity leave without pay in case of live childbirth, which the female employee may opt for, provided she gives notice to her employer.

For miscarriage or emergency termination of pregnancy

the leave is 60 days with full pay.

Postnatal leave

The total maternity leave cannot exceed 105 days, and the compulsory postnatal leave must not be less than 60 days.

Salary Differential

Employers from the private sector are required to pay the difference between the full salary and the actual cash benefits received from SSS.

No Diminution of Benefits

If the female employee has more favorable benefits under a CBA or other laws, those benefits will continue to apply.

Conditions for Entitlement

To qualify for maternity leave:

1. The employee must have at least 3 monthly contributions to SSS in the 12 months immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.

   2. The employee must notify the employer of her pregnancy and expected date of childbirth, and this notice must be sent to SSSaccording to its rules.

Frequency of Availment

Maternity leave can be availed of in every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency.

Paternity leave

refers to the paid leave granted to a married male employee to support his wife during her period of recovery and to assist in nursing their newborn child, including in cases of miscarriage.

Coverage of paternal leave

The benefit applies to all married male employees, regardless of their employment status (e.g., probationary, regular, contractual, project basis).

Duration of paternal leave

• 7 days of paid leave after the delivery of the employee’s wife.

o The paternity leave can be availed of either before, during, or after delivery, but the total number of days will not exceed 7 days per delivery.

Non-convertibility

If the paternity leave is not availed of, it cannot be converted to cash.

If the male employee is already enjoying paternity leave benefits under a contract, company policy, or CBA:

o If the existing benefit is greater than 7 days, the greater benefit applies.

o If the existing benefit is less than 7 days, the benefit will be adjusted to match the statutory benefit.

Conditions for Entitlement

A married male employee is entitled to paternity leave if he meets the following conditions:

1. He is an employee at the time of his child’s delivery.

2. He is cohabiting with his spouse at the time of childbirth or miscarriage. (Cohabiting means living together, but if the couple is physically separated due to work or occupation, the employee is still entitled to paternity leave).

3. He has applied for paternity leave with the employer within a reasonable time from the expected date of delivery, or as provided in company policies or CBA. No prior application is required in case of miscarriage.

4. His wife has given birth or suffered a miscarriage.

Frequency of Availment

The paternity leave benefit applies to the first four (4) deliveries of the employee’s lawful wife with whom he is cohabiting.

Important Notes

• Maternity Leave under RA 11210 was enacted to increase the maternity leave period to 105 days with the option for an additional 30 days without pay and an additional 15 days for solo parents.

• Paternity Leave under RA 8187 provides 7 days of paid leave for married male employees to support their wives during childbirth.

 

Parental Leave

refers to paid leave granted to a qualified solo parentto help them perform parental duties and responsibilities that require their physical presence or are beneficial to their child.

This benefit applies to all employees who belong to any of the following categories of solo parents:

1. A parent who provides sole care and support due to:

o Birth as a consequence of rape (even without final conviction).

o Death of the spouse.

o Detention of the spouse for at least 3 months.

o Physical or mental incapacity of the spouse.

o Legal separation or de facto separation for at least 6 months

o Annulment or declaration of nullity of marriage, or divorce.

o Abandonment by the spouse for at least 6 months.

2. Spouse/family member/guardian of an Overseas Filipino Worker (OFW) who is away for 12 continuous months.

3. Unmarried mother or father who takes care of their child.

4. Legal guardian, adoptive or foster parent who solely provides care for a child.

5. Relative (up to 4th degree) of the parent or guardian who assumes care due to the absence, death, abandonment, or disappearance of the parents or solo parent for at least 6 months.

6. Pregnant women who provide sole care and support to their unborn child.

Child or dependent

Must be unmarried, unemployed, and under 22years old (or over 22 but unable to care for themselves due to physical/mental disability).

Parental care and support

Includes providing for basic needs, healthcare, emotional support, and ensuring safety.

Duration of parental Leave

• Parental Leave of 7 working days per year with pay is granted to solo parent employees who have rendered at least 6 months of service.

• The leave is non-cumulative and non-convertible to cash unless specified by the employer.

• If the company policy or collective bargaining agreement (CBA)provides for a greater benefit, that will apply.

• Parental Leave Eligibility:

o The solo parent must be solely responsible for the child.

o Occasional assistance or seasonal gifts from the other parent do not negate the solo parent status.

A solo parent

is entitled to parental leave if:

1. They have rendered at least 6 months of service.

2. They have notified their employer within a reasonable time.

3. They have presented a valid Solo Parent Identification Card (SPIC).

Note: The SPIC is available from the Social Welfare and Development Officer in the solo parent's city or municipality.

Frequency of Availment

• The solo parent is entitled to 7 working days of parental leave with pay every year.

• If the solo parent’s status changes (e.g., due to remarriage), they will no longer be eligible for parental leave.