Introduction

The Republic of the Philippines has long recognized the importance of protecting the rights of women in the workforce, particularly during pregnancy and childbirth. Enacted on February 20, 2019, Republic Act No. 11210, also known as the "105-Day Expanded Maternity Leave Law," represents a significant advancement in maternity benefits. This law amends provisions of the Labor Code (Presidential Decree No. 442, as amended) and the Social Security Act of 1997 (Republic Act No. 8282), extending maternity leave from the previous 60 or 78 days to 105 days with full pay for qualified female workers. An additional 30 days without pay is available in certain cases, and solo mothers can avail of an extra 15 days with pay.

While the law primarily targets employees in the private and public sectors, its application to contract of service (COS) workers—often engaged in government agencies on a contractual basis—has been a point of clarification and implementation. COS workers, unlike regular or permanent employees, are hired for specific projects or tasks without establishing an employer-employee relationship in the traditional sense. This article explores the full scope of maternity leave rights for COS workers under this law, drawing from the statutory provisions, implementing rules, and relevant jurisprudence within the Philippine context.

Overview of the 105-Day Expanded Maternity Leave Law

Republic Act No. 11210 aims to promote the health and welfare of mothers and their newborns by providing ample time for recovery and bonding. Key features include:

Duration of Leave: 105 days of paid maternity leave for live births, regardless of the mode of delivery (normal or cesarean). In cases of miscarriage or emergency termination, the leave is 60 days with full pay.
Additional Benefits:
- An option for an additional 30 days of unpaid leave.
- For solo mothers, as defined under Republic Act No. 8972 (Solo Parents' Welfare Act), an extra 15 days of paid leave, bringing the total to 120 days.
Allocation of Leave: The leave can be allocated before or after childbirth, provided that at least 45 days are taken post-delivery, except in medically justified cases.
Full Pay: Compensation during the leave period is equivalent to 100% of the average daily salary credit, funded through the Social Security System (SSS) for private sector workers or the Government Service Insurance System (GSIS) for public sector employees.
Non-Diminution Clause: Employers cannot reduce existing maternity benefits if they already exceed the statutory minimum.
Paternity Leave Integration: Qualified fathers or partners can avail of 7 days of paternity leave, which can be extended if the mother allocates part of her maternity leave to them (up to 30 days transferable).

The law covers all female workers who have rendered at least six months of service in the last 12 months prior to childbirth and are SSS or GSIS members with at least three monthly contributions in the 12-month period immediately preceding the semester of contingency.

Applicability to Contract of Service Workers

Contract of service workers in the Philippines are typically engaged by government agencies under Civil Service Commission (CSC) guidelines. They are not classified as government employees but as independent contractors hired for specific outputs, often on a lump-sum or output-based payment scheme. This distinction raises questions about their entitlement to employee benefits, including maternity leave.

However, the 105-Day Law explicitly extends its coverage to female workers in both the government and private sectors, without excluding COS workers. Implementing Rules and Regulations (IRR) issued by the Department of Labor and Employment (DOLE) for the private sector and the CSC for the public sector clarify this inclusion:

Government Sector COS Workers: Under CSC Memorandum Circular No. 14, series of 2019, and subsequent guidelines, COS workers in national government agencies, local government units (LGUs), and government-owned or controlled corporations (GOCCs) are entitled to maternity leave benefits if they meet the eligibility criteria. The CSC recognizes that while COS arrangements do not create an employer-employee relationship for purposes of tenure or security of employment, social welfare benefits like maternity leave are extended as a matter of public policy to protect women's rights.
Eligibility Criteria for COS Workers:
- Must be a female worker under a valid contract of service.
- Have at least six months of continuous service aggregate in the government entity.
- Be a member of GSIS or SSS (for those in GOCCs with SSS coverage) with required contributions.
- The contingency (childbirth, miscarriage, etc.) must occur during the validity of the contract.
Private Sector Equivalents: In the private sector, workers under similar contractual arrangements (e.g., project-based or fixed-term contracts) are covered if they qualify as employees under the Labor Code's four-fold test (selection, payment of wages, power of dismissal, and control). Pure independent contractors are excluded, but many COS-like arrangements in private firms are reclassified as employment relationships by courts if control is evident.

Jurisprudence, such as in the case of Department of Environment and Natural Resources v. United Employees of the DENR (G.R. No. 211077, 2016), underscores that contractual workers in government may be entitled to benefits akin to regular employees if their roles involve necessary and desirable functions.

Entitlements and Benefits for COS Workers

For eligible COS workers, the benefits mirror those for regular employees, with some administrative nuances:

Paid Leave Duration: 105 days for live births, 60 days for miscarriage. Solo mothers get 120 days paid.
Compensation Mechanism:
- In government: The hiring agency advances the full pay during the leave, later reimbursed by GSIS. For COS workers paid on a daily or lump-sum basis, the daily rate is computed based on the contract amount divided by working days.
- If the contract expires during the leave, the benefit continues until the full entitlement is exhausted, as the law prohibits termination due to pregnancy.
Health and Safety Protections: Employers must provide safe working conditions, prohibit discrimination based on pregnancy, and allow lactation breaks upon return.
Transfer of Leave: A portion (up to 30 days) can be allocated to the child's father or an alternate caregiver if the mother dies or is incapacitated.
Tax Implications: Maternity benefits are tax-exempt under the Tax Code.
Integration with Other Leaves: Unused maternity leave cannot be converted to cash or added to vacation/sick leave banks for COS workers, given their non-permanent status.

Special considerations apply if the COS worker is in a high-risk pregnancy; medical certifications can justify early leave commencement.

Procedures for Availing Maternity Leave

COS workers must follow these steps to claim benefits:

Notification: Inform the head of the agency or employer in writing at least 30 days before the intended leave date, unless unforeseen circumstances arise. Submit a medical certificate confirming pregnancy and expected delivery date.
Application: File the Maternity Leave Application Form with the human resources office, attaching proof of eligibility (e.g., contract copies, contribution records).
Approval: The agency approves the leave, ensuring contract adjustments if necessary (e.g., extension without additional pay for the leave period).
Reimbursement: For GSIS members, submit the Maternity Benefit Application to GSIS post-leave for verification.
Return to Work: Upon completion, the worker resumes duties under the original or extended contract. Refusal to allow return constitutes illegal dismissal.

In cases of denial, workers can appeal to the CSC for government COS or DOLE for private equivalents, potentially leading to backpay and reinstatement.

Challenges and Limitations

Despite the inclusive intent, COS workers face practical hurdles:

Contract Expiry: If the contract ends before or during leave, agencies may hesitate to extend, leading to disputes. However, CSC rules mandate non-termination due to maternity.
Contribution Gaps: Many COS workers have irregular GSIS/SSS contributions, disqualifying them. Advocacy for mandatory enrollment in contracts is ongoing.
Enforcement in LGUs: Local variations in implementation can occur, with some LGUs providing supplementary benefits under local ordinances.
Jurisprudential Gaps: While Supreme Court decisions like Millares v. NLRC (G.R. No. 122827, 1999) affirm maternity rights for contractual workers, specific COS cases are limited, often resolved administratively.

Conclusion

The 105-Day Expanded Maternity Leave Law marks a progressive step in Philippine labor policy, ensuring that contract of service workers are not left behind in accessing essential maternity protections. By mandating paid leave, non-discrimination, and support mechanisms, the law aligns with constitutional mandates on women's rights and family welfare (Article XIII, Section 14 of the 1987 Constitution). For COS workers, full enjoyment of these rights requires proactive compliance by agencies, timely contributions, and awareness of procedural requirements. As implementation evolves, potential amendments may further strengthen coverage, addressing gaps in contractual arrangements to foster a more equitable workplace for Filipino mothers.