WELCOME

TO THE SSS ONLINE SEMINAR

“105-DAY EXPANDED MATERNITY
LEAVE LAW”
 R.A. No. 11210
----------------------------------------------------
105-Day Expanded Maternity Leave Law (EMLL)
TIMELINES
TIMELINES – RA 11210 or 105-Day Expanded Maternity Leave Law

20 Feb 2019 - Date of Signing

23 Feb 2019 – Manila Bulletin - Publication

5, 11 & 25 April 2019 – Public Consultation Meetings with Labor

Organizations, Trade Union, Employer
Sectors and Government Sector

7 May 2019 – Deadline for issuance of IRR

(to be promulgated by the CSC, DOLE and SSS
not later than 60 days after effectivity) (Sec.19)

1 May 2019 – Signing of IRR

11 March 2019 – Effectivity date of EMLL or 15 days after publication.
R.A. NO. 11210 AND ITS
IMPLEMENTING RULES AND
REGULATIONS (IRR)
 EXPANDED MATERNITY BENEFIT
Coverage of the Program
• All Female SSS members who have:
▪ Given birth
▪ Miscarriage or Emergency Termination of Pregnancy

• Regardless of:
▪ Civil Status
▪ Legitimacy of the Child
▪ Frequency of pregnancy

Female SSS members include the following:

▪ Employed female worker;
▪ Self-employed female member [including Informal Sector
Contributor and Female National Athlete;
▪ Overseas Filipino Worker (OFW)
▪ Voluntary member
 EXPANDED MATERNITY BENEFIT

Amount of Maternity Benefit

• Daily Cash Allowance equivalent to 100% of female member’s
Average Daily Salary Credit for a compensable period of 105,
120 or 60 days, as the case maybe.
• Employers shall pay salary differential between actual cash
benefits received from the SSS and the average weekly or
regular wages of the female member for the duration of the
maternity leave.
Exceptions:
a.) Distressed establishments;
b.) Retail/service establishments employing not more than 10 workers;
c.) Micro-business enterprises engaged in production, processing of
manufacturing of products or commodities with total assets of not more than
P3M; and
d.) Those providing similar or more than the proposed benefits
 EXPANDED MATERNITY BENEFIT

Eligibility
• With at least 3 monthly contributions in the 12-month
period immediately preceding the semester of childbirth,
miscarriage or emergency termination of pregnancy
The SSS shall consider only those contributions paid prior to
the semester of contingency.
• Has notified her employer of her pregnancy and the
expected date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and
regulations it may provide.
Unemployed/SE/VM/OFW/Non-working spouse may give
notice directly to SSS
 EXPANDED MATERNITY BENEFIT

Manner of Payment
▪ Advanced by the employer within 30 Days from the filing of
Maternity Leave Application

▪ SSS shall immediately reimburse the employer of 100% of the

amount of maternity benefits advanced by the employer upon
satisfactory or legal proof of its payment up to max MSC

▪ SSS shall pay directly:

➢member whose contingency occurred during employment but
currently unemployed, temporarily laid off, or company is on lock-out or
experiencing a labor strike
➢Unemployed/SE/VM/OFW/Non-working spouse
Assuming the member is earning P730 per day or a monthly income of P16,060, with 6 MSCs -P16,000
within the 12-month period prior the semester of contingency
 HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
1. Determine the amount of full pay
Full pay = [(daily rate x factor) / 12 months] x maternity period in months
If:
Daily rate - ₱537 Factor – 313 ML period - 105 days = 3.5months
Factor:
313 (for 1 Rest Day); 261 (for 2 rest days);

Full pay = [(₱537.00 x 313 days) / 12 months] x 3.5 months

Full pay = [₱168,081.00 / 12 months] x 3.5 months
Full pay = ₱ 14,006.75 x 3.5 months
Full pay = ₱ 49, 023.63
 HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
2. Compute for amount less social contributions (employee’s share)

Full pay ₱49,023.63

Less social contributions for the duration of ML:
SSS 1,960.00
PhilHealth 721.88
Pag-IBIG 350.00
Full pay less social contributions ₱45,991.75

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HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
3. Compute for SSS maternity benefit
Assuming the formula in computing for it is as follows:

[(MSC x 6) / 180] x 105

(If monthly salary credit is ₱14,000.00)
SSS MB = [(₱14,000.00 x 6) / 180] x 105
SSS MB = [₱84,000.00 / 180] x 105
SSS MB = [₱466.66667] x 105
SSS MB = ₱49,000.00

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 HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
4. Subtract the SSS maternity benefit to the amount of full pay less
social contributions
Salary differential = full pay – SSS maternity benefit

Full pay less social contributions ₱45,991.75

SSS maternity benefit 49,000.00
Salary differential -₱3,008.25

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 HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
Gross pay ₱49,023.63
Less social contributions for 3.5 months:
SSS 1,960.00
PhilHealth 721.88
Pag-IBIG 350.00
Total deductions 3,031.88
Amount less social contributions 45,991.75
SSS maternity benefit 49,000.00
Salary differential -₱3,008.25

Daily salary of ₱537, factor 313

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HOW TO COMPUTE FOR
SALARY DIFFERENTIAL
Gross pay ₱116,853.33
Less social contributions for 3.5 months:
SSS 2,800.00
PhilHealth 1,636.25
Pag-IBIG 350.00
Total deductions 4,786.25
Amount less social contributions 112,067.08
SSS maternity benefit 70,000.00
Salary differential ₱42,067.08
Daily salary of ₱1,280.00, factor 313

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PAYMENT OF MATERNITY BENEFIT ADJUSTMENT

Maternity claims previously granted with 60 or 78 compensable

number of days, for childbirths on or after 11 March 2019, shall be
paid as follows:
1. For Employers filing Maternity Reimbursement

Employers shall pay in advance the corresponding adjustment

in maternity benefit to their qualified female employees in accordance
with RA No. 11210 and shall submit to SSS proof of advance payment
with letter request for adjustment, photocopy of Solo Parent ID, if
applicable.

2. For SE/VM/OFW/Members Separated from Employment

Payment of differential shall start on 11 June 2019 and shall be made
through the bank or through check, as the case maybe, based on the
initial settlement of the maternity claim.
PROPOSED DOCUMENTARY REQUIREMENTS

1. For Solo Parent

Valid Solo Parent ID issued by Department of Social Welfare and
Development (DSWD) at the time of child delivery.

2. For Employers filing maternity reimbursement claims of their

former female employees who were not able to submit the required
documents:
✓ Maternity Notification duly received by SSS either thru SSS Web or
over-the-counter;
✓ Proof of pregnancy submitted by the female member to the employer;
✓ Proof of advance payment of the SS maternity benefit to the female
member; and
✓ Certification from the employer that the employee no longer returned
back to work after giving birth/miscarriage/ETP.
PROPOSED DOCUMENTARY REQUIREMENTS

3. For female members who delivered live child but resulted to death of
the newborn.

• Child’s birth certificate duly registered with the LCR or issued by PSA; or

• Child’s death certificate duly registered with the LCR or issued by PSA

4. For Still Birth (Fetus died before or during labor/delivery)

• Child’s fetal death certificate duly registered with the LCR or issued by
PSA
 Republic of the Philippines
SOCIAL SECURITY SYSTEM
ALLOCATION OF MATERNITY LEAVE CREDITS
T H IS F O R M M A Y B E R E P R O D UC E D A N D IS N O T F O R S A LE . T H IS C A N A LS O B E D O WN LO A D E D T H R U T H E S S S WE B S IT E A T www.s s s .go v .ph

PLEASE READ THE INSTRUCTIONS AND REMINDERS AT THE BACK BEFORE FILLING OUT THIS FORM. PRINT ALL
INFORMATION IN CAPITAL LETTERS AND USE BLACK INK ONLY.
SS NUMBER NAME OF MEMBER (LA ST NA M E) (FIRST NA M E) (M IDDLE NA M E) (SUFFIX)

DO YOU WANT TO ALLOCATE PORTION OF YOUR MATERNITY LEAVE CREDITS?

Yes. I want to allocate ______________________ days, which shall be deducted from my SSS maternity benefit, to:
number o f days (1to 7 days)

Name: ________________________________________________________________
Relationship: Child's father Alternate caregiver

No. I want to avail the full SSS maternity benefit.

PRINTED NAME OF MEMBER SIGNATURE DATE

 INSTRUCTIONS

1. Fill out this form in one (1) copy.

2. Affix initials on all alterations/erasures in this form.
3. Attach this form when submitting the Maternity Notification.

REMINDERS

1. Alternate caregiver must be a relative within the fourth degree of consanguinity or your current partner sharing the
same household.
2. Child's father or alternate caregiver must be currently employed.
3. Allocation of maternity leave credits will be valid for live childbirth only.
4. Maternity Notification with Allocation of Maternity Leave Credits duly received by the SSS or Maternity Notification
Submission Confirmaton (if filed thru the SSS Website or thru SSIT) shall be attached to the Maternity Benefit
Application/Maternity Benef
 EXPANDED MATERNITY BENEFIT

Limitations to the Grant of Maternity Benefits

▪ A bar to the recovery of sickness benefits under RA No.
11199 or SS Act of 2018 for the same period for which daily
maternity benefits have been received.
▪ If with overlapping of two (2) maternity benefit claims -
maternity benefits for the 2 contingencies shall be granted,
but deduct the amount of benefit corresponding to the
period where there is an overlap.
▪ Only one maternity benefit shall be paid regardless of the
number of offspring per childbirth/delivery.
 EXPANDED MATERNITY BENEFIT

Liability of an Employer

Employer shall pay to the SSS damages equivalent to the

benefits the female employee is entitled to in any of the
following instances:
• Failure of employer to remit to the SSS the required
contributions for the female worker; or
• Failure of the employer to transmit to SSS the female
worker’s notification on fact of pregnancy and probable date
of childbirth.
 EXPANDED MATERNITY BENEFIT

Dispute Resolution
• Social Security Commission (SSC) – for any dispute, controversy,
or claim as regards the grant of SSS maternity leave benefit.

• DOLE Field/Provincial/Regional Office having jurisdiction over

the workplace - for any dispute, controversy, or claim arising out
of or relating to the payment of salary differential.
 EXPANDED MATERNITY BENEFIT

Prescriptive Period of Filing

Within 10 years from the date of delivery, miscarriage or
emergency termination of pregnancy.

Applicability of Guidelines
▪ Shall be observed for childbirth, miscarriage and emergency
termination of pregnancy occurring on or after 11 Mar
2019.

▪ All contingencies prior to 11 March the pertinent provisions

of R.A. 8282 or 11199 shall apply.
Other Important Provisions
 EXPANDED MATERNITY BENEFIT
Allocation of Maternity Leave Credits
▪ Option to allocate up to maximum of 7 days to:
➢ child's father, married or not to female member
➢ alternate caregiver (relative within 4th degree of consanguinity or
the current partner, regardless of sexual orientation or gender
identity, of the female worker sharing the same household.)
▪ Not applicable in case the female worker suffers miscarriage or
emergency termination of pregnancy
▪ SSS shall pay the amount of the maternity benefit corresponding
to the period not allocated
▪ As applicable, the father or alternate caregiver shall be granted
paid leave by his employer equivalent to a max of 7 days
▪ The female member shall notify her employer of her option to
allocate; the father or alternate caregiver shall notify his/her
employer of his/her availment of the allocated leave
 EXPANDED MATERNITY BENEFIT

Death or permanent incapacity of the

female worker
The maternity leave benefits shall accrue to the child’s father or to
a qualified alternate caregiver subject to the following conditions:
▪ that the maternity leave benefit has not yet been settled; and
▪ subject to submission of proof of member’s death or incapacity and
compliance to applicable SSS rules
▪ In case the maternity leave benefits have already been paid to the
deceased or permanently incapacitated female worker in full, the
child’s father or alternate caregiver shall be entitled to enjoy the
remaining unexpired leave credits of the female worker, if any,
without pay. Such leave without pay shall not be considered as a
gap in the service of the child’s father or alternate caregiver, in both
the public and private sector.
 EXPANDED MATERNITY BENEFIT

Grant of ML Benefit after Termination of Employment

Maternity leave with full pay is granted even if the childbirth,
miscarriage, or ETP occurs not more than 15 calendar days after the
termination of service, as her right thereto has already accrued.
ML of a Female Worker with Pending Administrative Case
Maternity leave benefits shall still be enjoyed even if female worker has
a pending administrative case
Non-Diminution of Benefits
• Existing maternity benefits currently enjoyed under CBA, CNA, or present
laws shall still be granted, if the same are more beneficial to the female
worker
• Any other working arrangement which the female worker shall agree to and
consented to in writing, during the additional maternity leave period, shall be
allowed
 EXPANDED MATERNITY BENEFIT
Security of Tenure
• Female workers who availed of the ML benefits shall be assured of security
of tenure
• ML benefits shall not be used as basis for demotion in employment or
termination.
• Transfer to a parallel position or reassignment from one organizational unit
to another in the same agency or private enterprise shall be allowed:
Provided, That it shall not involve a reduction in rank, status, salary, or
otherwise amount to constructive dismissal.
Non-Discrimination
No employer whether in the public or private sector shall discriminate
against the employment of women in order to avoid the ML benefits
provided for in the Rules
 EXPANDED MATERNITY BENEFIT
Penalties for failure/refusal to comply
• Fine of P20,000.00 up to P200,000.00 or imprisonment from
6 years and 1 day to 12 years or both
• For an association, partnership, corporation, or any other
institution, its managing head, directors, or partners shall be
liable to the penalties provided in this Act
• Failure on the part to comply with the provisions of the Act
shall be a ground for non-renewal of business permits of any
association, partnership, corporation, or private enterprise
Effectivity
March 11, 2019
End of presentation.
Thank you.