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leave benefits are leave credits extended to married male employees “for benefit is not cumulative, i.e. However, RA 11210 mandates that private sector employers are responsible for paying the salary differential between the value of the cash benefits received from SSS and the employee’s full salary entitlement during a maternity leave period. However, The content should not be considered as a legal advice or opinion. paternity leave benefits apply to male employees regardless of their employment To learn more about cookies, please visit our Privacy Policy, which also explains how to disable cookies. Eligible employees are entitled to 105 leave days fully paid, regardless of whether the birth is through natural delivery or cesarean. The 4. Some employers can avail of an exemption! Which employers are exempt? Employers should ensure they understand their obligations under RA 11210! together unless there is a justifying circumstance for them living separately. 8972 (Solo Parents’ Welfare Act of 2000) provides for an extended maternity leave benefit of an additional fully paid 15 days for solo parents. 105 of 2019 and DOLE Department Advisory No.01-A. Paternity Leave Act of 199, Implementing This may depend on individual circumstances. Necessary cookies are absolutely essential for the website to function properly. for miscarriage, prior application is not required. Please consult a lawyer to address your specific concerns. Department Orders 8972 (Solo Parents’ Welfare Act of 2000), DOLE’s guidelines on exemption requirements, Implementing Rules and Regulations of RA 11210, DOLE Department Advisory No. leave. Revenue Memorandum Circular No. Section 3. RA 11210 requires that employers cover the difference between what SSS covers and what an employee would usually be entitled to earn under their salary. maternity leave shall be granted. Department of Labor and Employment (DOLE) Building, Muralla Wing cor. This website uses cookies to improve your experience while you navigate through the website. The benefit consists of seven (7) days of leave credits with full pay. leave credit is equal to the basic salary, including mandatory and/or collective bargaining agreement; and. implementing rules and regulations of republic act no. Submission of the most recent Business Permit from the company’s Local Government Unit or LGU. But opting out of some of these cookies may have an effect on your browsing experience. “Paternity Leave Act of 1996”. The SSS or the Social Security System is the state-run social insurance program for workers in the Philippines’ private sector. Full bio: LinkedIN. In this article, we explain: what the new law means for employers? The Hotline: 1349, Labor Code The policy rationale behind this new law is to “protect and promote the rights and welfare of working women taking into account their maternal functions, and to provide an enabling environment in which their full potential can be achieved.”. Hence, the What are the financial implications? 105 of 2019 and DOLE Department Advisory No.01-A. legal basis is Republic Act No. NOTE: This article was updated to include reference to Revenue Memorandum Circular No. I am a business lawyer and law mentor. To be deemed an “exempt employer” for the purposes of RA 11210, companies must apply for a Certificate of Exemption from the Department of Labor and Employment or DOLE, each year. or analogous thereto. Department of Labor and Employment (DOLE), through issuances, has interpreted Female employees in the private sector taking maternity leave are entitled to be paid their full salary during their maternity leave. 3, R.A. 8187). Labor Advisory You can also contact us directly at any of the options below. the benefit as seven (7) calendar days, and not working days. To learn more about withholding tax, check out our recent articles about employer obligations on withholding taxes for employees and payroll deductions and contributions in the Philippines. via an employment contract, company policies, collective bargaining agreement, The Implementing Rules and Regulations for RA 11210, which provide additional guidance on how the new law should be implemented, were signed on 1 May 2019. We offer the range of outsourced accounting and finance services – bookkeeping, tax compliance, regulatory compliance, financial reporting and planning and strategic/financial advisory. hospital for his/her protection from diseases or be quarantined to avoid the The law requires employers to give seven days of paternity leave, with full pay, for male employees. 11210 (AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED FIVE (105) DAYS FOR FEMALE WORKERS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS, AND FOR OTHER PURPOSES. In order to compute the cost to be covered by the employer, you need to determine first the full pay that Employee A would be entitled to receive during the 105 days. He is an employee at the time of the delivery; 2. We have outlined below an example for employers to help with calculating the salary differential. His wife has given birth or suffered a miscarriage. So employers should ensure that operational budgets take into account the level of payments that they are required to make to employees during their maternity leave. unused benefit cannot be added to the next benefit is not convertible to cash as the objective is for the male employee to This may include situations wherein either one of them may be required to live Implementing Rules and Regulations for RA 11210, Republic Act No. Great news for employees and real progress for the labor law system! Imprisonment for a duration of between 6 years and 1 day up to 12 years. He is cohabiting with his spouse at the time that she gives birth or suffers a The elsewhere due to work (e.g. The Employment Statements and opinions of the author are of his own, and does not reflect any organization he may be connected or affiliated. medical reasons such as when either one of them has to be admitted to a The Rules and Regulations of R.A. 8187, DOLE-BWC The maternity leave benefit in the Philippines was recently extended from 60 days to 105 days through a new law – RA 11210, known as the 105-Day Expanded Maternity Leave Law. 28 of 2020 which clarifies the obligations on employers when paying 13th Month Pay in the Philippines this year! Programs 01 Series of 2019, the full pay the employee should receive during her maternity leave will be computed as follows: Full Pay  = Monthly salary X maternity leave period in months. Paternity Employee A has a monthly salary of P30,000. 11210 (RA 11210) also known as the 105-Day Expanded Maternity Leave Law is a new law, approved on 20 February 2019 and came into effect shortly after, which increases the standard period of maternity leave benefit in the Philippines for eligible employees from 60 days to 105 days. The … We will respond to you within 24 hours. contract, company policies, CBA. Employees who suffer miscarriages or emergency terminations of pregnancy are entitled to 60 days maternity leave benefit. Not all private employers are required to pay the salary differential. The DISCLAIMER: This article is strictly for general information purposes only. The SSS will pay some of the employee’s maternity benefit (based on previous employee contributions) and the employer pays the difference. It is mandatory to procure user consent prior to running these cookies on your website. Once these calculations have been made, in order to calculate the salary differential to be paid by the employer, the following computations should take place: A working example always helps! This was also confirmed through DOLE Department Advisory No.01-A. As an illustration, let’s assume that employee A is pregnant. General Luna St., Intramuros, Manila, 1002, Philippines, Monday - Friday: 8:00 am - 5:00 pm paternity leave benefit is used after the delivery or miscarriage. There was some uncertainty around the proper tax treatment of the salary differential payment when RA 11210 was first published. male employee’s wife has given birth or suffered as a miscarriage. The benefit consists of seven (7) days of leave credits with full pay. MANILA, Philippines – The recently-signed Republic Act (RA) No. Deduct a) the premium contribution share and b) the SSS maternity leave benefit payable from c) the full pay that the employee is entitled to.

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