I. Legal Framework

The timing rules for maternity leave in the Philippines are mainly governed by:

Republic Act No. 11210 – the 105-Day Expanded Maternity Leave Law (EMLL) and its Implementing Rules and Regulations (IRR).
The Labor Code of the Philippines, as amended.
The Social Security Act (for SSS maternity benefits in the private sector).
Civil Service rules (for government employees).
Related laws, such as:
- RA 8972 (Solo Parents’ Welfare Act) – for the extra 15 days.
- Other DOLE, SSS, and CSC issuances clarifying implementation.

This article focuses on when maternity leave may be taken, how early it can begin, how long it must run, and how extensions or shared days are timed.

II. Who Is Covered, and When Does the Right Arise?

1. Covered female workers

The Expanded Maternity Leave Law covers all female workers, regardless of civil status or employment arrangement, including:

Regular, probationary, project-based, seasonal, and fixed-term employees in the private sector
Government employees (including casual and contractual)
Women in the informal economy and self-employed members covered by SSS
OFWs, domestic workers, and voluntary SSS members

Importantly, coverage is per pregnancy or pregnancy-related contingency, regardless of frequency: there is no more limit on the number of pregnancies covered.

2. When does the right “attach”?

Legally, the right to maternity leave attaches once pregnancy occurs (or in case of miscarriage/emergency termination, once that event occurs). From that point:

The woman has an entitlement to maternity leave for that specific pregnancy.
Employers cannot require her to waive this right as a condition for hiring or continued employment.
Timing questions are about when and how she may actually avail the leave, not whether she has the right at all.

III. Basic Durations and Their Timing

1. Standard durations

Under RA 11210:

105 calendar days with full pay – for live childbirth (normal or caesarean), for all female workers.
Additional 15 calendar days with full pay – if the female worker is a solo parent under RA 8972 (total: 120 days).
60 calendar days with full pay – for miscarriage or emergency termination of pregnancy (regardless of pregnancy age).

These are calendar days, not working days. Weekends, rest days, and holidays are included in the count.

2. Continuous and uninterrupted

The law and IRR require that the maternity leave be enjoyed in a continuous and uninterrupted manner:

You do not chop it into multiple periods scattered across the year.
There may be flexibility as to when it starts (before or after childbirth), but once it begins, it runs continuously.

IV. When Can Maternity Leave Start?

1. General rule for live childbirth

For a live birth, the 105 days can be:

Taken entirely after delivery, starting from the date of childbirth; or
Split between pre-natal and post-natal days, so long as:
- The total is at least 105 days (or 120 days for solo parents), and
- The leave is continuous once started.

In practice, common patterns include:

Starting maternity leave 1–2 weeks before the expected date of delivery (EDD), with the remainder after delivery; or
Working up to the day before delivery (if medically cleared) and using the full 105 days postpartum.

The law does not strictly fix a maximum number of prenatal days, but medical judgment and workplace policy matter. A doctor’s advice may justify earlier prenatal leave (e.g., high-risk pregnancy).

2. If no prenatal leave is taken

If the employee continues working until the actual birth date:

The 105 days start on the date of childbirth and run continuously.
For example: Delivery on August 1 → Day 1 is August 1 → 105th day falls in mid-November.

3. Miscarriage or emergency termination

For miscarriage or emergency termination of pregnancy:

The 60 days of maternity leave are generally taken after the event.
The leave period begins on the date of the miscarriage or emergency termination, or as soon as the worker stops reporting for work because of it, and then runs continuously.

There is no "prenatal" portion here in the same sense because the contingency is the actual pregnancy loss.

V. Notice and Timing Requirements

1. Notification to employer

While RA 11210 does not prescribe a single uniform notice period for all sectors, typical requirements (often reflected in IRR and company policies) are:

The pregnant employee should inform her employer as soon as reasonably practicable after confirming pregnancy, preferably in writing.
Many employers require a formal leave application indicating:
- Expected date of delivery (EDD),
- Intended start date of maternity leave, and
- Whether she plans to extend for 30 days without pay.

A common practice is to file this leave application at least 30–45 days before the intended start of maternity leave, subject to emergencies and sudden complications.

Failure to give advance notice does not erase the right to maternity leave, but it can complicate scheduling and internal processes; some procedural consequences may apply under specific rules, especially for benefit claims.

2. Notice for the 30-day unpaid extension

The law explicitly provides that a female worker who wishes to extend her maternity leave for up to 30 days without pay must:

Give her employer at least 45 days’ notice before the end of the 105- or 120-day paid period,
Except when there is a medical emergency or complication, in which case strict advance notice is excused.

This requirement is crucial for timing: if a worker plans to maximize both the 105 paid days and the 30 unpaid days, she should count forward and notify the employer before the paid period ends.

3. Notice for solo parent extra 15 days

For the additional 15 days for solo parents:

The female worker should submit her Solo Parent ID (or proof of solo parent status) prior to childbirth,
Unless she has a justifiable reason for failure (for example, delays in issuance), in which case she may still assert entitlement subsequently.

To avoid disputes, it is wise to secure and submit Solo Parent documentation well before the due date.

VI. Private Sector vs. Public Sector: Timing Differences

1. Private sector

For private sector employees:

Maternity leave timing (start date, prenatal vs postnatal distribution) is usually handled by agreement between employee and employer, guided by law, IRR, and medical advice.
A medical certificate indicating EDD and/or pregnancy-related complications is often required to support:
- Early prenatal leave, or
- Extended postpartum rest beyond 105/120 days (though the SSS benefit is fixed).

Interaction with SSS maternity benefit:

The SSS maternity benefit is tied to the “semester of contingency” and contribution history.
Early notice to the employer (and through them, to SSS) avoids problems with benefit reimbursement.
Timing of birth/miscarriage fixes the applicable semester and thus which contributions are counted; this is beyond the employee’s control but critical for eligibility.

2. Government sector

For government employees (under Civil Service rules):

Employees are typically required to file their maternity leave application at least 45 days before the expected date of delivery, where practicable.
In miscarriage or emergency termination, the application is filed as soon as practicable after the contingency.
Government maternity leave is likewise continuous and in calendar days, and may also be extended for up to 30 days without pay, with similar prior notice rules.

The detailed mechanics (forms, timelines, approvals) are spelled out in CSC issuances and agency HR manuals, but they generally mirror the principles of RA 11210.

VII. Allocation of Maternity Leave Days to the Father or Alternate Caregiver

A unique feature of RA 11210 is the option to transfer up to 7 days of maternity leave to:

The child’s father (regardless of marital status), or
An alternate caregiver, such as:
- A relative within the fourth degree of consanguinity, or
- The current partner (same-sex or opposite-sex), subject to proof of relationship.

Timing rules for the allocation:

The mother must retain at least 98 days for herself.
The 7 days for the father/alternate caregiver run concurrently with the mother’s maternity leave:
- The father cannot take these 7 days several months after she returns to work.
- They must fall within the 105-day maternity leave window (or 120 days for solo parents, though allocation is typically tied to the basic entitlement).

Procedurally, the mother’s allocation and the father’s availment should be:

Declared in advance, typically at the time of filing the maternity leave application or soon thereafter;
Documented in writing with HR, often including:
- The name and details of the father/alternate caregiver;
- The specific dates the 7 days will be used;
- Necessary supporting documents (e.g., birth certificate, proof of relationship).

VIII. 30-Day Unpaid Extension and Further Medical Extensions

1. Standard 30-day unpaid extension

The female worker has the option (not obligation) to extend her maternity leave by up to 30 days without pay, immediately following:

The 105-day leave (for non-solo parents), or
The 120-day leave (for solo parents).

Timing requirements:

The extension must immediately follow the paid maternity leave; it cannot be deferred or split.
Prior notice of at least 45 days before the end of the paid period is required, unless there’s a medical emergency.

2. Extensions due to medical complications

If the woman suffers illness or complications related to pregnancy, childbirth, miscarriage, or emergency termination (e.g., postpartum hemorrhage, infection, severe preeclampsia):

She may be allowed a longer leave period, based on a medical certificate from her attending physician.
In the private sector, the SSS still pays only up to 105 or 120 days, but the employer may allow additional unpaid leave or process it under sick leave, depending on company policy and collective bargaining agreements.
In the public sector, additional leave may be handled under relevant sick leave or special leave rules, guided by Civil Service regulations.

Timing is crucial: the medical extension should follow immediately after the maternity leave or blend into other available leave privileges, as allowed by policy.

IX. Early Return to Work and Its Implications

1. Is early return allowed?

The law emphasizes that maternity leave is meant to be enjoyed continuously and in full. In principle:

The worker is entitled to the entire 105/120-day period.
Employers are expected to allow her to complete this period.

In practice, some employees ask to return to work earlier for personal or financial reasons. How this is treated can vary:

Some employers treat early return as a waiver of the remaining days of maternity leave (while the SSS benefit may already have been computed for the full period).
Others may be more flexible but must avoid arrangements that undermine the protective purpose of the law.

To avoid legal risk, both sides should:

Put any early-return arrangement in writing,
Ensure the employee is medically fit to work (doctor’s clearance), and
Understand that once she returns, it may be difficult to re-open maternity leave later for the same pregnancy.

2. Working while “on” maternity leave

Engaging in substantial paid work (for the same or a different employer) while formally on maternity leave can raise issues, including:

Potential questions about the legitimacy of the leave,
Tax or benefit implications if benefits are intended for a non-working recuperation period.

As a rule, maternity leave is intended to be a period of rest and recovery, not a work-from-home or side-hustle window.

X. Interaction with Other Leave Benefits

1. Vacation leave, service incentive leave, and sick leave

Timing-wise:

Maternity leave is separate from vacation or sick leave.
The 105/120-day maternity leave is not chargeable to ordinary service incentive leave (SIL) or sick leave, unless company policy gives something more favorable.
After maternity leave, the employee may choose to use vacation or sick leave to further extend time away, if she still has credits and company policy allows it.

2. Other special leaves

Some employees may also be entitled to:

Solo parent additional leaves,
Special leaves under other laws (e.g., for violence against women cases, gynecological surgery, etc.).

These typically do not replace maternity leave but might follow after it, depending on timing and documentation.

XI. Timing Issues for Special Employment Arrangements

1. Probationary employees

Probationary workers have full maternity leave rights. Timing points:

The employer cannot terminate or refuse to regularize the worker because she is pregnant or taking maternity leave.
However, if the probationary period lapses during maternity leave, the issue of whether she met performance standards before leave arose can be contentious. Proper documentation is key.

2. Project-based or fixed-term employees

For project or fixed-term employees:

Maternity leave may begin even if the project is expected to end during the leave period.
The employer cannot lawfully terminate the employee because of pregnancy or because she will take maternity leave.
However, if the project genuinely ends, or the fixed term naturally expires, the employer is not legally required to continue the employment beyond that natural termination date, even if it falls within the 105/120 days.
SSS maternity benefits remain anchored to the contingency date and are not dependent on continued employment throughout the full period.

3. Domestic workers (kasambahays)

Domestic workers are entitled to maternity leave and SSS coverage if properly registered. Timing considerations:

Many kasambahays start leave closer to the actual birth due to live-in arrangements and economic pressures, but this does not diminish their full entitlement.
Employers are still required to respect the full leave period and cannot force an early return.

XII. Non-Diminution and Non-Discrimination

Timing decisions must always respect two core protections:

Non-diminution of benefits
- If existing company policy, CBA, or past practice provides longer maternity leave or better pay, such more favorable arrangements cannot be reduced by invoking the EMLL.
- For example, if a CBA grants 120 days with full pay (even for non-solo parents), the employer cannot cut that down to 105.
Security of tenure and anti-discrimination
- Dismissing, demoting, refusing promotion, or otherwise discriminating against a woman due to pregnancy or availing maternity leave is prohibited.
- Timing her maternity leave around critical periods (e.g., peak season, planned restructuring) should not be used as a pretext to penalize her or deny benefits.

XIII. Timelines: Practical Examples

Example 1: Ordinary private-sector employee, non-solo parent

EDD: October 10
Notice to employer: July 1, confirming pregnancy and EDD.
Intended leave schedule:
- Start maternity leave: September 26 (14 days before EDD).
- Delivery occurs: October 12 (slightly later than EDD).
- Maternity leave runs continuously for 105 days from September 26.
She plans a 30-day unpaid extension:
- She notifies employer 45 days before the end of the 105 days.
- Her total time off becomes 135 consecutive days.

Example 2: Solo parent government employee

EDD: March 1
Files maternity leave application and submits Solo Parent ID: January 10.
Starts leave on February 20 (10 days before EDD).
She is entitled to 120 days with full pay (105 + 15).
Her maternity leave runs continuously for 120 days from February 20.

Example 3: Miscarriage

A private sector employee experiences a miscarriage on June 5.
She files maternity leave application as soon as she is medically able.
She is entitled to 60 calendar days of maternity leave, starting June 5.
The leave runs uninterrupted until early August.

XIV. Penalties and Enforcement

Employers who:

Refuse to grant maternity leave,
Interfere with its timing contrary to law,
Dismiss or penalize a woman for availing her leave, or
Falsely claim or misuse SSS maternity benefits

may face:

Administrative penalties (fines, sanctions from DOLE, SSS, CSC),
Money claims and damages in labor or civil cases, and
In some instances, criminal liability.

Documenting timing decisions—when notice was given, when leave was requested, when it started and ended—is essential for both employers and employees.

XV. Key Takeaways on Timing

Maternity leave is per pregnancy and now covers all pregnancies, with 105 days (or 120 for solo parents) for live births and 60 days for miscarriage/emergency termination.
The leave is in calendar days and must be continuous and uninterrupted.
For live births, it can be taken before and/or after delivery, but once started, it runs continuously.
A 30-day unpaid extension may follow, with 45 days’ prior notice, except in emergencies.
Up to 7 days can be allocated to the father or alternate caregiver, and these days must be taken within the mother’s 105-day window, concurrently.
The worker should notify the employer as early as possible after confirming pregnancy and again before any extension.
Employers may not legally penalize a woman for the timing of her lawful maternity leave.

This overview is meant as general legal information on timing-related aspects of maternity leave in the Philippines. Specific cases can involve additional nuances, especially where internal policies, CBAs, or unusual medical or employment circumstances are involved, so individualized legal advice may be appropriate for complex situations.