The enactment of Republic Act No. 11210, otherwise known as the 105-Day Expanded Maternity Leave Law, significantly enhanced the social security protections for female workers in the Philippines. This benefit is a daily cash allowance granted to a female member who is unable to work due to childbirth, miscarriage, or emergency termination of pregnancy (ETP).
I. Eligibility Criteria
To qualify for the SSS maternity benefit, a female member must satisfy the following legal requirements:
- Contribution Requirement: The member must have paid at least three (3) monthly contributions within the 12-month period immediately preceding the semester of her childbirth, miscarriage, or ETP.
- Note: A "semester" refers to two consecutive quarters ending in the quarter of contingency.
- Notification Requirement:
- For Employed Members: The member must notify her employer of her pregnancy and the probable date of her childbirth.
- For Self-Employed, Voluntary, and Non-Working Spouse Members: The member must notify the SSS directly through the SSS portal or mobile app.
- Frequency of Claim: Unlike previous laws that capped the benefit at the first four deliveries, R.A. 11210 provides the benefit for every instance of pregnancy, miscarriage, or ETP, regardless of frequency.
II. Benefit Duration and Allocation
The duration of the paid leave depends on the nature of the delivery:
- Normal or Caesarean Delivery: 105 days of paid leave.
- Solo Parents: An additional 15 days (total of 120 days) under R.A. 8972.
- Miscarriage or ETP: 60 days of paid leave.
- Allocation to Father: A female member may elect to allocate up to seven (7) days of her 105-day leave to the child’s father, regardless of whether they are married, or in his absence, a qualified alternate caregiver.
III. The Payment Mechanism
The computation is based on the member’s Average Daily Salary Credit (ADSC).
- For Employed Members: The employer is legally mandated to pay the maternity benefit in full and in advance within thirty (30) days from the filing of the maternity leave application. The SSS then reimburses the employer 100% of the amount legally settled.
- For SE/VM/Members Separated from Employment: The SSS pays the benefit directly to the member’s enrolled bank account or e-wallet.
IV. Filing Deadlines and Prescription
Timely filing is critical to avoid the denial of the claim. The rules differ based on the claimant's status:
1. Filing for Reimbursement (Employers)
Employers must file for reimbursement with the SSS within one (1) year from the date of childbirth, miscarriage, or ETP. Failure to do so may result in the claim being barred by prescription.
2. Filing for Direct Payment (SE/VM/Separated Members)
Members who are self-employed or voluntary must likewise file their maternity benefit application within one (1) year from the date of the contingency.
3. The Impact of Non-Notification
If an employee fails to notify her employer, or if a voluntary member fails to notify the SSS, the benefit may be reduced or denied, except in cases where the delivery is premature or an emergency where prior notice was physically impossible.
V. Documentary Requirements
Common documents required for the claim include:
Maternity Notification (MN): Filed during pregnancy.
Maternity Benefit Application (MBA): Filed after the contingency.
Proof of Birth/Pregnancy Termination: * Certificate of Live Birth (authenticated by PSA).
Fetal Death Certificate (for stillbirth).
Medical Certificate or Histopathology Report (for miscarriage or ETP).
Identification: Valid government-issued IDs and UMID or SSS-registered Disbursement Account.
VI. Summary Table of Benefits
| Contingency | Duration | Solo Parent Extension |
|---|---|---|
| Normal Delivery | 105 Days | + 15 Days |
| Caesarean Delivery | 105 Days | + 15 Days |
| Miscarriage / ETP | 60 Days | N/A |
Legal Note: Under R.A. 11210, employers in the private sector are responsible for paying the "salary differential"—the difference between the SSS maternity benefit and the employee’s actual full salary—unless the company is exempted under specific Department of Labor and Employment (DOLE) guidelines.