Expecting a child? Attorney Jasmin Fiel-Samson looks at maternity leave entitlements
The Law Firm of Mallari Fiel Brillante Ronquillo
- All female workers, regardless of civil status or ‘legitimacy’ of their child, shall be granted 120 days maternity leave with pay and an option to extend it for another 30 days without pay.
- If the mother qualifies as a solo parent under R.A. 8972 she shall be granted a total of 150 days maternity leave with pay.
- Fathers would also benefit from the measure if passed into law, as it seeks to grant them 30 days of leave – more than the allowed 7 days of paid leave under Republic Act 7322.
- Under the bill, 30 of the 120 days can be transferred to alternate caregivers, such as the spouse, common-law partner, and relative up to the 4th degree of consanguinity, including adoptive parents.
- The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application.
- Workers availing themselves of the maternity leave and benefits must receive not less than 2/3 of their regular monthly wages.
- Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the Social Security System (SSS) by the covered female workers and their average weekly or regular wages, for the entire duration of the ordinary maternity leave, with some exceptions.
- Employees who avail themselves of this benefit shall be assured of security of tenure. This cannot be used as basis for demotion in employment or termination. The transfer to a parallel position or reassignment from one organizational unit to another in the same agency shall be allowed, provided it shall not involve a reduction in rank, status, or salary.