The Philippines supports pregnant employees through mandated maternity leave to promote mothers’ and newborns’ health and well-being, ensuring mothers have sufficient time off to recover and bond after childbirth. This approach helps foster a supportive work environment, improve employee satisfaction, and contribute to healthier families and communities.
Companies employing Filipino employees need to familiarize themselves with these government entitlements and provide legally mandated maternity leave to pregnant employees.
Who is Eligible for Maternity Leave in the Philippines?
In the Philippines, maternity leave benefits are available to all female employees with one year of service at their current employer — and at least six months of continuous service before the expected delivery date. This includes women in the public and private sectors and those working in the informal economy, regardless of employment or civil status.
Even women who are not contributors to the Social Security System (SSS) may still be eligible for maternity benefits under PhilHealth Circular No. 022-2014, known as the Social Health Insurance Coverage and Benefits for Women About to Give Birth.
How Long is Maternity Leave in the Philippines?
The “105-Day Expanded Maternity Leave Law” (Republic Act No. 11210), an amendment to Republic Act No. 7322, significantly enhanced maternity benefits for female employees in the Philippines when it went into effect in 2019.
The law provides all pregnant employees in the Philippines with 105 days of paid maternity leave for a normal delivery, with the potential for an additional 30 days of unpaid leave in certain conditions. Eligible single mothers receive 15 additional paid days of maternity leave under the Solo Parents Welfare Act.
Female workers can qualify for 60 days of paid leave in cases of miscarriage or emergency termination of pregnancy.
Conditions and Requirements for Maternity Leave
Expectant mothers in the Philippines must inform their employer of their pregnancy and expected delivery date at least 60 days before the anticipated maternity leave start date. Pregnant employees also need to complete a Maternity Notification Form and provide copies to their employer and the SSS.
Female employees are eligible to begin maternity leave up to 45 days before the due date, and the post-delivery leave period must be at least 60 days. After childbirth, the employee should submit the Maternity Reimbursement Application form and supporting documents to the nearest SSS branch.
If the employee wishes to take an optional 30 additional days of unpaid leave, written notice must be provided to the employer 45 days before the end of the initial maternity leave period.
Maternity Leave Pay and Benefits
Employees in the Philippines are entitled to full pay with benefits, including health insurance, throughout their maternity leave. Employers initially cover these costs, which the SSS then reimburses.
Fathers married to a pregnant woman are entitled to seven days of paid paternity leave. Additionally, the mother can transfer up to seven days of paid leave to the child’s father, effectively granting him 14 days of parental leave.
Rights and Protections for Pregnant Employees
Despite legal protections, pregnant employees in the Philippines may encounter challenges related to maternity leave. Discrimination, lack of awareness regarding their rights, and difficulty accessing necessary information are common issues that employers should strive to avoid by fully supporting their expectant employees.
Employees have the right to return to their original or an equivalent position with the same pay and benefits upon completion of maternity leave. Employers should proactively discuss return-to-work arrangements with employees and support any necessary adjustments or accommodations to ensure a smooth transition back into the workplace.
Terminating or demoting an employee due to pregnancy or maternity leave is strictly prohibited by law. Discrimination based on pregnancy or maternity leave in employment and benefits is also unlawful.
Employer Responsibilities and Compliance
Employers are legally obligated to follow the law to support employees on leave and after they return to work, including providing access to breastfeeding rooms and offering flexible work arrangements when needed.
Non-compliance can lead to serious consequences including:
- Fines: Companies can face penalties ranging from PHP 20,000 to PHP 200,000 for non-compliance.
- Back pay and benefits: Employers may be required to compensate employees for lost wages and benefits, including salary and healthcare coverage.
- Lawsuits: Employees have the right to sue non-compliant employers, potentially resulting in costly legal proceedings and awards for damages.
- Imprisonment: The Department of Labor and Employment (DOLE) has the authority to impose prison sentences ranging from six years to 12 years for severe violations.
- Non-renewal of business permits: In addition to fines and imprisonment, the DOLE may refuse to renew the business permits of non-compliant employers.
Hire Global Talent in the Philippines
Navigating international employment laws can be daunting for businesses that manage global talent. International employers can ensure compliance with local labor laws by teaming up with an Employer of Record (EOR) like Remofirst.
Remofirst can help with:
- Legal expertise: The Remofirst team members are experts on employment laws in over 180 countries, including the Philippines.
- Onboarding and payroll: EORs like Remofirst streamline onboarding processes, manage payroll and employee benefits in accordance with local laws, and ensure timely and accurate payment of maternity leave.
Book a demo to learn how our EOR services can help you confidently hire remote talent in the Philippines while complying with local employment laws.
