Facts about the Maternity

Leave Benefit
Posted on November 28, 2011 by HRD Guru - (The Go-to Guy for all your HR and Career related concerns!)

Every pregnant employee is entitled to maternity leave but the conditions change depending on
several factors: whether you work for the private or public sector, whether you gave birth normally
or via cesarean delivery, how long you have been employed and if your payment of contributions
are up-to-date.
Similarly, whether you are eligible for maternity benefits and pay will depend on a variety of
factors, such as your employer, length of employment and number of pregnancies or deliveries.

Book III, Title III of the Philippine Labor Code covers the rights of women and the Government’s
steps to ensure the welfare and protection of women employees in the Philippines. Also covered
within the title are the Maternity Benefits available for women (See: Article 133).

The provision Article 133 states that the Secretary of Labor and Employment shall implement and
maintain strict standards that will guarantee the health and safety of women employees. In such,
the Government will, by regulations, mandate the employer(s) to endow a pregnant employee
appropriate maternity benefits, e.g. maternity leave of not less than two (2) weeks before the
expected date of delivery and an additional four (4) weeks following normal delivery or abortion,
for a total of sixty (60) days maternity leave. This maternity benefit is with full pay and is based on
her regular compensation, whether on weekly or monthly schedule, without deductions unless
stated otherwise (as defined under the Social Security Law, See: Social Security Act of 1997,
Republic Act No. 8282).

In case of caesarian section delivery, the allotted maternity leave becomes seventy-eight (78)
days, as opposed to sixty (60) days in case of normal delivery. The maternity leave benefits are
available to every pregnant woman in the private sector, whether married or unmarried.

Provided, however that the expecting woman employee has rendered service to the employer and
the establishment at least six (6) months (or aggregate of) for the last twelve (12) months.

Provided also, that the expecting woman employee applying for the employee maternity benefits
can procure, for the employer or the establishment to check, a medical certificate that indicate the
expecting woman employee’s delivery that will take place, in likelihood, within two weeks.

These maternity benefits are good only as far as the projected date, in fulfillment of the maternity
leave period stated above, or as stated in Article 133. The maternity leave may be extended on
account of an illness that arose out of the pregnancy operation, stemming from delivery, abortion
or miscarriage, which renders the woman unfit for work. Provided that the woman applying for the
benefits for maternity can procure a medical certificate for the employer or the establishment to
check that indicates of the said illness. The subsequent days of extension will be without pay;
however, unused leave credits may be used.

The employer or the establishment will cover the benefits for maternity leave only on the first four
(4) deliveries by the availing woman employee. These employee maternity benefits are non-
transferable.

Maternity leave covers both childbirth and miscarriage. The law provides minimum requirements
that you can expect from your employer. Talk to your human resources manager or administrative
officer to find out if your employer provides greater maternity benefits than the required minimum.
Read your employment contract or collective bargaining agreement carefully and see what it says
about your employer’s policy on maternity leaves and benefits.
Before maternity leave
It is always best to file your maternity leave application a few weeks before the start of your leave.
This will give your employer enough time to make arrangements and ensure that the company is
not affected by your absence. The common practice is to go on leave two weeks before your due
date so you can have enough time to prepare for the birth of your child.
Check your employment contract or collective bargaining agreement to see your company’s policy
on when you should take your leave. If there is none, you may choose when you want to start.
Have a talk with your human resources manager or administrative officer if you have concerns.

During maternity leave: What to expect

Your employer may make contact with you, and vice-versa, while you’re on maternity leave. The
kind of contact you have with your employer should be reasonable, for example, to discuss your
plans for returning to work or to keep you informed of important developments at your workplace.
You should also be kept informed of any relevant promotion opportunities or job vacancies that
arise during your maternity leave.

After maternity leave

Unless agreed on otherwise, you return to work as soon as your maternity leave ends.
If you want to change the date of your return, you will need to inform your employer in advance. If
you decide not to return to work at the end of your maternity leave because you are not yet ready
and may need more time to recuperate, you need to file an application for extension of
maternity leave together with a medical certificatefrom your doctor. The extension is without
pay unless you have earned enough sick or vacation leaves to cover for your absence.
If you have had surgery due to a gynecological disorder, you may avail of a special leave
benefit of two months with full pay under the Magna Carta of Women. This right is available to
women employees who have worked for at least six months for the last 12 months.

All women have a right to return to work after maternity leave, regardless of the size of their
employer’s company.

Do I have any automatic health protection during pregnancy?

The Labor Code requires every employer to provide adequate medical and dental services to their
employees.
Employers also need to provide facilities such as rest areas with proper seats, separate comfort
rooms, a nursery and a lactation station to specifically cater to the needs of female employees,
including pregnant and breastfeeding employees.

Our laws also require employers to subsidize their employees’ insurance coverage. This is why all
employees in the private sector are required to be covered by the SSS, while those who work for
the government are required to be covered by PhilHealth and the GSIS.

Aside from these services and facilities, your employer also needs to keep the welfare and safety of
his employees in mind. If your work requires you to perform tasks that might pose a risk to your
pregnancy, speak to your immediate supervisor or direct superior about temporarily relieving you
from the task while you are pregnant. If you are scheduled to work at night or for long periods of
time, you may also ask to temporarily change your work schedule or work on flexi-time.

Can I take time off work for my prenatal appointments?

You will be allowed paid time off to attend to prenatal check-ups if you avail of the medical services
offered by your employer (the law requires that employees are provided medical and dental
services). You may also take time off to visit your own doctor but it may not be compensated.

Can I be dismissed because I am pregnant?

The Labor Code and the Magna Carta for Women ensure that you are protected from being unfairly
treated on the basis of your pregnancy (for example, making your conditions of work less favorable
than the conditions of your colleagues or being dismissed on the grounds of your pregnancy or
maternity). If you are being discriminated against or dismissed from work because you are
pregnant, your employer may be held liable. In such case, you may report this to the Department
of Labor and Employment (DOLE) office in your place of work.

Can I take a break if I feel exhausted?

If you need, you may use the facilities your employer provided for pregnant employees, such as
special seats and rest areas. You may avail of these benefits as long as it does not interfere with
your work efficiency and output. Take time to learn about your company’s rules and employment
practices on when to take breaks from work.

Can I qualify for maternity benefits if I am unemployed?

If you are self-employed or unemployed, you may also qualify for maternity benefits if you are an
active member of the SSS or Philhealth. To qualify, you also must have complied with the
requirements of the SSS (for private employees) or Philhealth (forgovernment employees). For
more information, go to www.sss.gov.ph orwww.philhealth.gov.ph.
Aside from these benefits, you may also qualify to receive other benefits related to childbirth, such
as support for hospitalization and medication, if you have coverage from other companies such as
the GSIS and commercial insurance groups.