Legal Framework

The primary law governing maternity leave in the Philippines is Republic Act No. 11210 (105-Day Expanded Maternity Leave Law), enacted on February 20, 2019, and its Implementing Rules and Regulations (IRR) issued through Department Order No. 212, Series of 2019, as amended by Department Order No. 238, Series of 2023.

This law applies to all female workers, whether in the private sector, public sector, informal economy, or as household helpers, regardless of employment status (regular, probationary, casual, project-based, or seasonal), provided they meet the minimum contribution or service requirements.

Duration of Maternity Leave Benefits

Event	Paid Days	Additional Options	Total Possible Days
Live birth (normal or cesarean)	105 days	+30 days unpaid +15 days if solo parent	150 days
Miscarriage or emergency termination	60 days	+30 days unpaid +15 days if solo parent	105 days
Stillbirth (fetus ≥ 20 weeks gestation)	Treated as live birth → 105 days	Same as live birth	150 days

Multiple births (twins, triplets, etc.) do not grant additional days beyond the standard 105 days.

Core Rule on Timing: Full Flexibility Before or After Delivery

The single most important feature of RA 11210 is that there is no longer any mandatory postnatal period.

Unlike the old law (which required at least 4 weeks after delivery), the female worker now has complete discretion to decide when to start and end her 105-day (or 60-day) paid maternity leave. She may avail it:

Entirely before delivery (e.g., starting 90–100 days before expected date of delivery in high-risk pregnancies)
Entirely after delivery (starting on the day of childbirth or the following day)
As a combination of prenatal and postnatal days (e.g., 30 days before + 75 days after)

The law explicitly states in Section 4 of the IRR:

“The maternity leave may be availed of before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding one hundred five (105) days…”

This means a woman may legally take all 105 paid days before giving birth if her doctor recommends early rest, and she is not required to reserve any portion for after delivery.

However, the Department of Labor and Employment (DOLE) and the Social Security System (SSS) strongly recommend that at least 60 days be taken post-delivery for health and recovery reasons, although this is not mandatory.

Notification Requirements and Their Effect on Timing

To the Employer
- The female worker must notify her employer in writing of her pregnancy and intended maternity leave dates as soon as possible, preferably at least 30 days before the start of the leave.
- In practice, most employers require notification upon confirmation of pregnancy (usually 2nd–3rd month).
- If she changes the dates later (e.g., due to premature delivery or medical advice), she must inform the employer immediately. The employer cannot deny the adjusted leave as long as the total does not exceed the entitled days.
To the SSS (for private-sector employees and voluntary members)
- For advance payment of maternity benefit: File SSS Maternity Notification (Form MAT-1/MAT-2) at least 60 days before expected delivery date.
- If filed late or after delivery: Benefit is paid after childbirth upon submission of proof of delivery/live birth certificate.
- The SSS computes the 105-day period based on the actual date of delivery, not necessarily the dates indicated in the employer leave form. This means even if the worker took leave months before delivery, the SSS will still pay the full 105 days as long as delivery occurred within the covered semester.

Practical Timing Scenarios Commonly Used

Scenario	Typical Start Date	Rationale
Standard/low-risk pregnancy	Day of delivery or 1–2 weeks before	Maximizes postnatal bonding and recovery
High-risk pregnancy (doctor-recommended bed rest)	60–105 days before EDD	Allows early cessation of work; fully allowed under the law
Cesarean section scheduled in advance	Usually 1–2 weeks before surgery date	Ensures recovery period is covered
Premature delivery	Leave automatically starts earlier if already on prenatal leave, or immediately upon delivery	Employer/SSS adjusts accordingly
Working until delivery	Leave starts on the day of childbirth	Common among women who feel well until the end

Allocation of 7 Days to Father or Alternate Caregiver

Up to 7 days of the mother’s 105-day leave may be transferred to the child’s father, or to a qualified alternate caregiver (e.g., same-sex partner, relative) if the father is absent, incapacitated, or unavailable.
These 7 days must be taken after birth and within the mother’s maternity leave period.
This allocation reduces the mother’s total paid days to 98, but gives flexibility to the family.
The father’s separate 7-day paternity leave under RA 8187 remains available and is not affected.

Additional 30-Day Unpaid Extension

Must be availed immediately after the end of the 105-day paid leave.
Cannot be taken separately or intermittently.
Requires written notice to the employer at least 15 days before the end of the 105-day period.

Additional 15 Days for Solo Parents

Available only to those with a valid Solo Parent ID issued by the DSWD.
Added to the 105 days → total 120 paid days.
Availed continuously and immediately after the regular 105 days.

Special Cases Affecting Timing

Situation	Timing Rule
Female worker dies or is permanently incapacitated	Remaining leave credits may be transferred to the father or alternate caregiver for the child's care
Adoption by a solo parent	Entitled to full 105 days starting from date of legal adoption or pre-adoptive placement
Overseas Filipino Workers (OFWs)	Same rules apply; leave timing coordinated with foreign employer but SSS benefit still payable
Government employees	Leave charged against agency; timing same as private sector
Household helpers (kasambahay)	Full 105 days; timing flexible; employer pays directly if no SSS

Prohibited Acts by Employers Related to Timing

An employer commits an illegal act (punishable by fine of ₱20,000–₱200,000 and/or imprisonment) if he/she:

Forces the employee to take leave earlier or later than her preferred dates
Requires her to reserve a specific number of postnatal days
Denies the leave or requires her to work during the approved maternity leave period
Refuses to accept adjusted dates due to premature or delayed delivery

Summary of Key Timing Principles

Full flexibility – 100% of paid days may be taken before, after, or split around delivery.
Continuous and uninterrupted – the leave (except the allocated 7 days) must be taken in one block.
Mother decides – the choice of start date belongs exclusively to the female worker, subject only to reasonable notification.
Health recommendation, not requirement – at least 60 postnatal days is medically advised but not legally mandated.

The 2019 Expanded Maternity Leave Law represents one of the most progressive maternity leave regimes in Asia precisely because it trusts women to decide the timing that best suits their health, family, and work circumstances.