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CSC Clarifies 105-Day Maternity Leave

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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 suffered a miscarriage or emergency termination of pregnancy on March 11, 2019, and thereafter.

RA 11210 took effect on March 11, 2019, and thus applies to instances of live childbirth, miscarriage, or emergency termination of pregnancy that occurred starting from said date.

The CSC, the Department of Labor and Employment, and the 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 RA 11210 in a newspaper of general circulation. The law was published on February 23, 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 May 1, 2019, and published in a newspaper of general circulation on May 3, 2019.

Benefits

Under RA 11210, women who underwent live childbirth 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 a 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 RA 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 RA 11210 for female employees in government service. This can be accessed from the CSC website at www.csc.gov.ph. (CSC PR)

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