Part One
Women’s rights advocates and workers’ groups celebrated the
passing into law of the Expanded Maternity Leave Law (EMLL) that almost doubled
the number of days for
maternity leave. This is very good news for the Filipino families. It would
greatly benefit mothers and their infants, and consequently
ensure a future generation of healthy and productive citizens.
This legislative measure exceeds the standard of 14 weeks set by International Labor Organization (ILO). It was signed into law by President Duterte on February 20, 2019, known as Republic Act (RA) 11210 or the “105-Day Expanded Maternity Leave Law,” which aims to protect and promote the rights and welfare of working women consistent with local and international legal instruments. Recognizing women’s maternal functions and their significant contribution to the labor force, the law expanded the maternity period of women workers to provide them with ample transition time to regain health and overall wellness, and nurture her child prior to assuming work responsibilities.
Previously, female workers could take maternity leave of 60 days for normal delivery and 78 days for caesarian operations. Under the new measure, the maternity leave period is expanded to one 105 days. Qualified solo parents as defined in RA 8972 or the “Solo Parents’ Welfare Act of 2000” are granted an additional 15 days maternity leave with full pay. For live childbirth, the qualified female worker has an option to extend her maternity leave for an additional 30 days without pay, provided that the employer is notified in writing at least 45 days before the end of the maternity leave. Subsequent notice is allowed in case of medical emergency. The maternity leave can be availed of even before or after the actual period of delivery in a continuous and uninterrupted manner, provided that the postnatal leave shall not be less than 60 days.
Another feature of this law is that the female worker in case of childbirth may, at her option, allocate up to seven days to the child’s father, whether or not married. This is in addition to the seven days paid paternity leave granted under RA 8187 or the “Paternity Act of 1996.” In case of death, absence or incapacity of the father, the mother can choose to allocate the same to an alternate caregiver who may be a relative within the fourth civil degree of consanguinity or her current partner (regardless of gender identity), so long as they share the same household. And in case of death or permanent incapacitation of the female worker qualified, the balance of her maternity leave benefits shall accrue to the father of the child or the alternate caregiver.
Maternity leave shall be granted in every instance of
pregnancy, miscarriage or emergency termination of pregnancy unlike before, up
to four instances only. Female workers who suffered miscarriage or who have
undergone emergency termination are allowed to have 60 days of
maternity leave.
To be continued
Razzel Ann Vergara is a Certified Public Accountant and currently working as internal auditor at the Provincial Government of Camarines Norte.
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