1. Overview

Miscarriage is both a medical event and, for many workers, a moment that raises urgent questions about time off, pay, and job security. In the Philippines, leave entitlements after miscarriage come from a combination of law, social security benefits, and employer policy. The key point is:

After miscarriage, a female employee may be entitled to a form of maternity leave (paid through SSS) and/or paid leave under company policy (sick leave, vacation leave, or service incentive leave).
Leave conversion (cash conversion of unused leave credits) depends on whether you work in the private or public sector and on your employer’s rules or collective bargaining agreement.

This article explains what Philippine law provides, what is typically employer-granted, and how leave conversion works after miscarriage.

2. Legal Foundations Relevant to Miscarriage Leave

2.1 Expanded Maternity Leave Law (Republic Act No. 11210)

The Expanded Maternity Leave Law (EMLL) is the principal statute governing leaves for childbirth, miscarriage, and emergency termination of pregnancy.

Coverage includes miscarriage and emergency termination of pregnancy, not only live childbirth.

Duration:

60 days paid maternity leave for miscarriage or emergency termination of pregnancy (with pay). This is distinct from the 105-day benefit for live childbirth.

Pay source:

The SSS pays the maternity benefit (for qualified private-sector employees and other covered members).
Employers generally advance the benefit, then are reimbursed by SSS, or follow the reimbursement system depending on internal payroll practice.

Important: The benefit is legally treated as maternity leave, not ordinary sick leave, even if medical recovery overlaps with sickness.

2.2 SSS Law and Maternity Benefit Rules

In the private sector, payment is tied to SSS eligibility.

Eligibility requirement (general rule):

The employee must have at least three (3) monthly SSS contributions within the 12-month period immediately preceding the semester of miscarriage.

Benefit computation: SSS maternity benefit is computed using the Average Daily Salary Credit (ADSC):

Identify the six (6) highest Monthly Salary Credits (MSC) in the 12-month period before the semester of contingency.
Sum those six MSCs.
Divide by 180 days → this is ADSC.
Multiply ADSC by 60 days (for miscarriage) to get the total maternity benefit.

If the employer is covered by SSS rules, it must:

Ensure notification to SSS.
Advance benefit if required.
Not reduce or substitute the leave with sick leave unless the employee chooses to use additional leave on top.

2.3 Labor Code: Service Incentive Leave (SIL)

Under the Labor Code, employees who have rendered at least one year of service are entitled to:

Five (5) days Service Incentive Leave with pay per year, if no employer-granted leave program exists or if the existing leave is less favorable.

SIL can generally be used for sickness or personal reasons. After miscarriage, SIL may be used:

If maternity leave is not available or not enough, or
As additional paid leave beyond the 60-day maternity benefit.

SIL is also notable for conversion rules (see Section 7).

2.4 Company Policy, CBA, or Employment Contract

Most private employers provide separate:

Sick Leave (SL) credits
Vacation Leave (VL) credits
Sometimes special bereavement or wellness leave

These are benefits beyond the Labor Code minimum, and rules vary.

After miscarriage, employees often use:

SSS maternity leave (60 days) first, then
Sick leave/vacation leave/SIL for extended recovery.

If your policy grants paid SL, that SL is a separate entitlement from the statutory maternity benefit unless the policy says it is integrated (integration must still be at least as favorable as the law).

3. What Leave Are You Entitled to After Miscarriage?

3.1 Private-Sector Employees (SSS-Covered)

You may be entitled to:

60-day paid maternity leave (SSS maternity benefit)
Additional employer-paid leave, if available:
- Sick leave
- Vacation leave
- SIL (if no other leave is provided)
- Any special leave under policy/CBA
Unpaid leave, if still medically necessary and granted by the employer.

Key legal principle: The 60 days is a statutory paid leave and cannot be denied if SSS-qualified, regardless of employer preference.

3.2 If You Are Not SSS-Qualified

If you lack the required contributions, you are not entitled to SSS maternity pay, but you may still access:

Employer-granted sick leave/VL
SIL (if qualified)
Possible unpaid leave on compassionate or medical grounds

Some employers choose to be more generous, but the law sets only the floor.

3.3 Public-Sector Employees (Government)

Government employees are governed mainly by Civil Service Commission (CSC) rules. The EMLL applies to the public sector as well, so:

60 days maternity leave for miscarriage is recognized.
Funding comes from government payroll, not SSS.

Public employees also have leave credits (vacation and sick leave) under CSC rules that may be used to extend recovery.

4. Documentation Requirements

4.1 For Maternity Leave (Miscarriage)

Typical employer and SSS documentation includes:

Medical certificate indicating miscarriage/emergency termination
Ultrasound or hospital records
SSS maternity notification form (for private sector)
Employer’s internal leave application

Employers may require reasonable proof, but not impose burdensome or stigmatizing conditions.

5. Job Security and Non-Discrimination

5.1 Security of Tenure

Miscarriage leave is a protected absence. Employers cannot:

Dismiss an employee because of miscarriage or taking maternity leave
Treat the leave as abandonment
Use it as a pretext for termination.

Termination must still comply with just/authorized causes and due process.

5.2 Magna Carta of Women Concepts

Philippine policy recognizes women’s right to health and protection against discrimination. While the practical entitlement comes mainly from RA 11210 and related rules, the broader framework supports:

Non-discrimination
Confidentiality about reproductive health events
Humane workplace accommodations

6. Can Miscarriage Leave Be Treated as Sick Leave?

Legally:

The first 60 days after miscarriage is maternity leave, not sick leave.
Employers should process it as maternity leave if the employee is SSS-qualified.

However:

Extra days beyond 60 may be charged to sick leave (if medically required and credits exist).
If the employee is not qualified for maternity benefit, employer sick leave may be used instead.

7. Leave Conversion After Miscarriage

“Leave conversion” generally refers to cash payment of unused leave credits. Rules differ in the private and public sectors.

7.1 Private Sector: No Automatic Conversion of Sick Leave by Law

There is no law requiring private employers to convert unused sick leave into cash unless:

It is stated in company policy,
It is in an employment contract, or
It is in a collective bargaining agreement (CBA).

So for private employees, conversion is policy-based, not statutory.

Common private-sector arrangements:

VL convertible to cash, SL not convertible
Both VL and SL convertible
Convertible only at separation
Convertible only if unused by year-end
Conversion capped (e.g., max 10 days)

After miscarriage, any unused SL/VL remains subject to those rules. Miscarriage does not create a special right to cash conversion, but you may still convert if policy allows.

7.2 Private Sector: Service Incentive Leave Conversion

Labor Code SIL has a clearer rule:

Unused SIL is convertible to cash at the end of the year if not used.
Conversion is based on the employee’s daily rate.

If your employer provides SL/VL that are at least equivalent or better than SIL, then SIL is considered “already complied with,” and conversion depends on your employer’s scheme. But if SIL is the only leave you get, conversion is mandatory.

7.3 Public Sector: Broader Leave Monetization Rights

Government employees generally have statutory mechanisms for monetization under CSC rules:

Vacation Leave (VL) and Sick Leave (SL) credits may be monetized, often:
- When there is at least a minimum balance (e.g., 10 or 15 days remaining after monetization)
- Subject to agency approval and budget rules
Monetization is often allowed for:
- Health emergencies
- Rehabilitation
- Financial needs of the employee

After miscarriage, a government employee may request monetization if she needs funds for medical recovery, but approval rests on CSC/agency rules.

8. Practical Scenarios

Scenario A: Private employee, SSS-qualified

Files 60-day maternity leave for miscarriage.
Receives SSS maternity benefit for 60 days.
If still medically unfit after 60 days, she may use:
- SL credits, then VL, depending on policy.
Any unused credits may be converted only if policy/CBA allows.

Scenario B: Private employee, not SSS-qualified

No SSS maternity pay.
Uses SL/VL/SIL to cover absence.
For conversion:
- SIL unused must be cashed out (if SIL applies).
- SL/VL conversion depends on company policy.

Scenario C: Government employee

Gets 60-day paid maternity leave for miscarriage.
May use SL/VL credits for extension.
Can request VL/SL monetization if allowed by CSC rules.

9. Frequently Asked Questions

Q1: Can my employer deny miscarriage leave because it’s not childbirth? No. Miscarriage is explicitly covered by maternity leave rules.

Q2: Can I use sick leave instead of maternity leave? You can, but you should not be forced to. Maternity leave is the statutory default if qualified.

Q3: Is miscarriage leave confidential? Employers should treat medical records as confidential and only require documents reasonably needed to process leave.

Q4: Can I convert unused sick leave into cash after miscarriage?

Private sector: only if company policy/CBA allows.
Public sector: usually possible under CSC monetization rules.

Q5: What if my miscarriage happened while I was on probation? RA 11210 and SSS rules do not exclude probationary employees, as long as they are SSS-covered and qualified. Employer policy may matter for extra SL/VL credits.

10. Key Takeaways

Miscarriage entitles a qualified employee to 60 days paid maternity leave.
In the private sector, pay comes from SSS maternity benefit if contribution requirements are met.
Additional leave beyond 60 days depends on employer leave credits (SL/VL/SIL).
Private-sector sick leave conversion is not a legal right unless granted by policy or CBA.
Unused SIL must be converted to cash if SIL is the applicable leave benefit.
Public-sector employees usually have clearer leave monetization rights under CSC rules.
Employers must not discriminate or penalize employees for miscarriage-related absences.

11. Suggested Employee Steps After Miscarriage

Secure medical documentation (medical certificate/hospital record).
Notify employer promptly and file maternity leave (for miscarriage).
For private employees, ensure SSS notification is filed through HR.
Discuss extension needs early if recovery will exceed 60 days.
Check your handbook/CBA for leave conversion and stacking rules.

If you want, I can also draft a sample internal HR policy section on miscarriage leave and conversion that’s compliant with Philippine law, or a template letter for requesting leave/monetization.