This is Part II of easy-to-read FAQs on the Expanded Maternity Leave Law. If you want to check the full text of the EML IRR, you can check it out in Part I.
Are female workers of the informal economy, and voluntary SSS contributors eligible to access maternity leave benefits?
Yes, if they have remitted three monthly contributions to the SSS within the twelve-month period before the semester of childbirth.
Who are considered informal economy workers?
Female workers in the informal economy are those who are self-employed, occasionally or personally hired, or subcontracted; paid and unpaid family workers in household enterprises, including home workers; micro-entrepreneurs and producers, and operators of sari sari sores.
Who are considered voluntary SSS contributors?
These are Stay-At-Home spouses, an OFW who upon termination of her contract overseas, continues to pay SSS contributions, a covered employee separated from employment who continues to pay SSS contributions, a self-employed member who realizes no income in any given month but continues to pay SSS contributions.
Can maternity leave be allocated?
Yes, a female worker may allocate up to 7 days of leave to the father of the child, whether or not they are married. In case of death, absence or incapacity of the father, the female worker may allocate the leave credits to a relative within the fourth degree of consanguinity, or the current partner of the female worker sharing the same household.
May the current partner be female?
Yes. The IRR contains the phrase “regardless of the sexual orientation or gender identity” of the partner.
Is the option to allocate applicable in the case of miscarriage or emergency termination of pregnancy?
How much will the female worker in case she opts to allocate?
She will be paid the amount corresponding to the period not allocated.
Who will pay for the seven-day allocated leave?
The seven-day allocated leave is paid leave and will be borne by the employer of the father, or the alternate caregiver as the case may be.
How is the intent to allocate conveyed?
The intention to allocate is conveyed upon application of the maternity leave. Likewise, the father or the alternate caregiver must also inform his employer of his allocated leave.
What if one of the parties is from the public sector, and the other from the private sector? Can the female worker still allocate leave credits in that case?
Must the allocated leave be used in a continuous manner, or can it be used intermittently?
It can be either continuous or intermittent. However, it should be consumed within the period of the maternity leave of the female worker.
What if the female worker dies?
The balance of her maternity leave shall accrue to the father, or the qualified alternate caregiver. If the money benefits have already been paid in full, the father or qualified alternate caregiver may still enjoy the remaining leave credits but without pay.
Is it a criminal offense to deny maternity leave benefits to qualified female workers?
Yes. The law punishes with a fine of not less than 20,000 pesos and not more than 200,000 pesos and imprisonment of 6-12 years anyone who violates the provisions of this law.