21 February 2020 - The Civil Service Commission (CSC) reminds government agencies to grant claims for benefits under Republic Act No. 11210, also known as the 105-Day Expanded Maternity Leave Law, to women who gave live childbirth, or sufferred miscarriage or emergency termination of pregnancy on 11 March 2019 and thereafter.
R.A. 11210 took effect on 11 March 2019 and thus applies to instances of live childbirth, miscarriage, or emergency termination of pregnancy that occurred starting from said date. The CSC, Department of Labor and Employment, and Social Security System recently issued a joint clarificatory statement explaining that the date of effectivity of the law is 15 days after the publication of R.A. 11210 in a newspaper of general circulation. The law was published on 23 February 2019.
The statement corrects the misconception that the effectivity date of the law is based on the publication date of the Implementing Rules and Regulations (IRR). The IRR was issued on 1 May 2019 and published in a newspaper of general circulation on 3 May 2019.
Under R.A. 11210, women who underwent live chilbirth are entitled to 105 days maternity leave with full pay, with an option to extend for 30 days without pay. On top of 105 days, solo parents are entitled to 15 more days of maternity leave.
Meanwhile, women who suffered miscarriage or emergency termination of pregnancy, or delivered stillbirth, can avail of 60 days maternity leave with full pay.
Female employees in the government service can avail of maternity leave under R.A. No. 11210 regardless of their employment/appointment status, whether permanent, temporary, casual, contractual, provisional, substitute, coterminous, or fixed term.
The CSC has released a comprehensive guide on the availment of benefits under R.A. 11210 for female employees in government service. This can be accessed from the CSC website at www.csc.gov.ph.