Employee Miscarriage Leave in the Philippines: Is a Medical Abstract Required?
1. Governing Laws and Regulations
| Law / Issuance | Key Provision on Miscarriage | Documentary Wording |
|---|---|---|
| Republic Act 9710 (Magna Carta of Women, 2009) | § 18: “In case of miscarriage or abortion, the woman shall be entitled to 60 days of leave with full pay, based on her gross monthly compensation….” | “Physician-certified miscarriage or abortion.” |
| Republic Act 11210 (Expanded Maternity Leave Law, 2019) & IRR (Joint DOLE–SSS IRR 2019) | § 3(e): Miscarriage or emergency termination of pregnancy entitles a woman to 60 days of maternity leave with full pay; no limit on frequency. | IRR § 6: “Proof of miscarriage or emergency termination of pregnancy duly certified by a physician shall be submitted.” |
| SSS Law (RA 11199) & SSS Circulars 2019-013/-020 | Prescribes the SSS cash benefit matching the 60-day leave and lists acceptable proofs. | SSS MAT-2 checklist: “Medical certificate, ultrasound report, histopathology report or any clinical record duly signed by the attending physician.” |
| Labor Advisory 01-19 (DOLE) | Restates RA 11210 rules for employers; bars them from imposing stricter requirements. | “Medical certificate or ultrasound or other medical report” is enough. |
Take-away: The statutes and implementing rules speak of a medical certificate or proof duly certified by a physician. None expressly use the term “medical abstract.”
2. Who Is Entitled?
- Female employee in the public or private sector, regardless of civil status or employment classification (regular, project-based, casual, seasonal, probationary, even validly dismissed but contesting the dismissal).
- Must have paid at least three (3) monthly SSS contributions within the 12-month period immediately preceding the semester of the miscarriage (private-sector cash benefit requirement only).
- No length-of-service minimum and no cap on how many times the benefit can be used.
3. Leave Benefits and Cash Benefits
| Benefit | Duration | Who Pays |
|---|---|---|
| Maternity leave with full pay | 60 calendar days | Employer advances pay; can be 100 % reimbursed by SSS (private) or GSIS (public) up to statutory ceiling. |
| SSS maternity cash benefit | 60 days × (average daily salary credit) | SSS reimburses employer or pays employee directly (for separated/voluntary members). |
Solo parents do not get the additional 15-day extension for miscarriage; that add-on applies only to live birth under RA 11210.
4. Procedure to Avail
- Notify the employer (verbal or written) and SSS (file MAT-1) “within 60 days from date of conception”—but when loss is unexpected, SSS allows late filing so long as it precedes the MAT-2 benefit claim.
- File the leave application as soon as medically fit or in advance if possible; leave may start immediately after the procedure/spontaneous abortion.
- Submit supporting documents (see next section).
- Employer advances the salary differential (if any) within 30 days from filing; employer then seeks SSS reimbursement.
5. Documentary Requirements: What Exactly Must Be Submitted?
| Usual HR/SSS Checklist | Notes |
|---|---|
| Medical Certificate signed by attending OB-GYN or physician describing the miscarriage (spontaneous, incomplete, missed, etc.) and date | Required by law / IRR |
| Ultrasound report confirming intra-uterine pregnancy and/or absence of fetal heartbeat | Accepted but not mandatory if the medical certificate suffices |
| Histopathology / D&C operative record (when curettage or evacuation was performed) | Accepted but only applicable for certain clinical cases |
| Clinical Abstract / Hospital Discharge Summary | Not explicitly required; often gathered by HR for completeness when hospital-based |
| SSS MAT-1 & MAT-2 forms (private sector) | Mandatory for SSS cash claim |
| Valid ID of employee | Usual SSS/HR formality |
Is a “medical abstract” compulsory? No. The law and the IRR require only “proof duly certified by a physician.” HR departments or SSS branches may accept a medical abstract as that proof, but they cannot insist on it if a proper medical certificate or any equivalent certified document is already supplied. Employees can politely invoke RA 11210 and the IRR when employers demand extra paperwork.
6. Employer Obligations and Penalties
| Obligation | Penalty for Violation |
|---|---|
| Grant the 60-day leave with full pay | Fine ₱20,000 – ₱200,000 and/or imprisonment 6 yrs-1 day to 12 yrs (RA 11210 § 17). |
| Refrain from discrimination or dismissal due to miscarriage leave | Civil damages and administrative sanctions under the Labor Code & Magna Carta of Women. |
| Reimburse SSS benefit without deduction from the employee | May be cited for illegal deduction/offset. |
7. Interaction with Vacation/Sick Leave and HMO
- The 60-day miscarriage leave is separate from company VL/SL, service incentive leave, or HMO confinement benefits.
- Employers cannot force an employee to consume VL/SL first.
- If the woman wishes to extend beyond 60 days, she may use earned leaves or go on leave without pay, subject to company policy.
8. Data Privacy Concerns
Medical records are “sensitive personal information” under the Data Privacy Act (RA 10173). Employers must:
- Limit access to HR/Payroll personnel with need-to-know basis.
- Store documents securely and dispose of them properly.
- Release records only with employee’s written consent or lawful order.
9. Frequently Asked Practical Questions
| Question | Short Answer |
|---|---|
| Q: What if the miscarriage occurs very early and no ultrasound exists? | A physician’s certificate stating clinical findings (e.g., positive pregnancy test then bleeding with tissue passage) suffices. |
| Q: Can the leave start only after D&C? | Leave may start immediately upon miscarriage, including required rest before or after any procedure, at the employee’s option. |
| Q: Does the employee need to report back for clearance before resuming work? | Company may require a fit-to-work note, but cannot shorten the 60-day entitlement. |
| Q: What if the employee is on project-based work ending within the 60-day leave? | The project may end, but employer must still pay the portion of leave falling within the original project term; SSS still pays the cash benefit. |
| Q: Are contractual government workers covered? | Yes, the 60-day paid leave applies to all women in the government service (per CSC MC 7-2019). |
10. Key Take-aways for HR Officers
- Never demand more than a physician-certified proof. A “medical abstract” is acceptable evidence—but not a statutory prerequisite.
- Advance the full pay and claim SSS reimbursement promptly.
- Keep paperwork minimal and respect privacy.
- Train supervisors to avoid insensitive remarks; miscarriage leave is a right, not a favor.
- Update policies and CBA clauses to reflect RA 11210—older references to RA 8282 or 60-day maternity leave caps need revision.
11. For Employees: Quick Checklist
- Seek medical attention and get a signed medical certificate.
- Notify HR and, if private sector, file SSS MAT-1; late filing is still allowed.
- Submit documents and fill out leave form—no need to hunt for an extra “medical abstract” if your doctor’s certificate already details the miscarriage.
- Rest and recover; HR should credit 60 days of paid leave.
- Follow-up with SSS (or ask HR) on the cash reimbursement if it was not advanced.
Bottom Line
Philippine law grants every woman 60 days of paid miscarriage leave supported by any physician-certified proof. A medical abstract is optional, not mandatory. Employers who impose additional hurdles risk administrative, civil, and even criminal liability.