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Expanded Maternity Presentation

This document summarizes the key provisions of the 105-Day Expanded Maternity Leave Law (EMLL) in the Philippines. It outlines that the law provides all female SSS members with a daily cash allowance equivalent to 100% of their average daily salary for 105, 120, or 60 days for childbirth, miscarriage, or termination of pregnancy. It also discusses eligibility requirements, payment procedures, allocation of leave to fathers or caregivers, and penalties for non-compliance.

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emmalyne
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138 views22 pages

Expanded Maternity Presentation

This document summarizes the key provisions of the 105-Day Expanded Maternity Leave Law (EMLL) in the Philippines. It outlines that the law provides all female SSS members with a daily cash allowance equivalent to 100% of their average daily salary for 105, 120, or 60 days for childbirth, miscarriage, or termination of pregnancy. It also discusses eligibility requirements, payment procedures, allocation of leave to fathers or caregivers, and penalties for non-compliance.

Uploaded by

emmalyne
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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R.A. No.

11210
105-Day Expanded Maternity
Leave Law (EMLL)
Presented during the
SSS In House Seminar on EMLL
June 28, 2019
RM Hall, SSS Main Bldg., East Ave.
Diliman, Quezon City
Maternity Leave Benefits
for Female Workers in the
Private Sector
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
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
COMPUTATION OF MATERNITY BENEFIT
1. Exclude the semester of contingency

2. Select the six highest monthly salary credits


within the 12-month period immediately
preceding the semester of contingency

3. Divide the total monthly salary credit by 180


to get the average daily salary credit (ADSC)

4. Multiply the ADSC by 105 days.


QUARTER - refers to 3 consecutive months ending
the month of March, June, September and December

January - March
1st
April - June
2nd
July - September
3rd
October - December
4th
SEMESTER - refers to 2 consecutive quarters
ending with the quarter of contingency.

Oct
Jan – Apr – July –
2019 –
Jun Sept Dec
Mar
2019 2019 2019 2020
SAMPLE COMPUTATIONS
Assuming that member’s monthly salary credit is P20,000 with 6
MSCs within the 12-month period prior the semester of
contingency (maximum MSC – P20,000).

Total Monthly Salary Credits (P20,000 x 6) 120,000


Divided by: / 180
Average Daily Salary Credit 666.67
70,000.00
Multiplied by: 105 (normal or caesarian)

80,000.00
120 (solo parent)

40,000.00
60 (miscarriage / ETP)
End of presentation.
Thank you.

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