Dear Atty. Angela,
I am five months into my pregnancy and would be a solo parent since my boyfriend left me when he found out I am pregnant. I am a secretary for a company for three years now and have been consistently paying my SSS (Social Security System) contribution. My sister is helping me with my pregnancy and I heard that she can take a leave with pay when I give birth. I don’t know anything about maternity leave benefits and I want to know what I will be entitled to. I hope you could help me.
Amy
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Dear Amy,
Under Section 3 of Republic Act 11210 (2019), all covered female workers in government and the private sector, regardless of civil status or the legitimacy of her child, shall be granted 105 days maternity leave with full pay and an option to extend for an additional 30 days without pay. In addition, if the worker qualifies as a solo parent under RA 8972, or the Solo Parents’ Welfare Act, the worker shall be granted an additional 15 days maternity leave with full pay.
Under Section 6 of the same law, any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to 7 days of said benefits to the child’s father, whether or not the same is married to the female worker. Provided, that in the death, absence or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity.
In this case, in the absence of the child’s father, your sister could represent as your alternate caregiver who may likewise apply for leaves since she is your direct relative. She should provide a written notice to her employer for her to be qualified as your caregiver and that your 7 days of leave could be allocated to her, with pay.
Full payment of maternity leave benefits to qualified female workers shall be advanced by the employer. The SSS shall immediately reimburse the employer of the applicable SSS maternity benefits. Any difference between the worker’s actual salary and the applicable SSS maternity benefits shall be borne by the employer.
Lastly, maternity leave should be availed of in a continuous and uninterrupted manner, thus, inclusive of Saturdays, Sundays and holidays. As such, the 105 days of maternity leave is counted in calendar days. I hope to have enlightened you with your query.
Atty. Angela Antonio