After a miscarriage, the SSS maternity leave benefit generally starts on the date of miscarriage, emergency termination of pregnancy, or the medical procedure, as shown in the medical records submitted to SSS and/or the employer. For miscarriage and emergency termination of pregnancy, the Expanded Maternity Leave Law gives 60 calendar days with full pay, not 105 days. The most important practical point is this: make sure the date used by your doctor, hospital, employer, and SSS is consistent, because mismatched dates are a common reason for delays.
The direct answer: when does the 60-day maternity leave start?
For SSS-covered workers, the leave usually starts on the actual date of miscarriage or emergency termination of pregnancy, or the date of the related procedure if that is the documented “date of delivery/miscarriage/procedure.”
SSS describes the maternity benefit for miscarriage or emergency termination of pregnancy, including stillbirth, as 60 days and specifically indicates that this is “without prenatal” leave. The same SSS guidance says maternity leave cannot be deferred and must be enjoyed in a continuous and uninterrupted manner. (Social Security System)
In simple terms:
| Situation | Usual start of 60-day leave |
|---|---|
| Spontaneous miscarriage managed at the hospital | Date of miscarriage stated in the medical certificate, clinical abstract, or discharge summary |
| Miscarriage followed by dilation and curettage or another procedure | Date of miscarriage or procedure, depending on what the doctor certifies as the maternity contingency date |
| Emergency termination of pregnancy | Date of the emergency termination or procedure stated in the medical record |
| Stillbirth or fetal death | Date of delivery/fetal death shown in the Certificate of Fetal Death or medical record |
| Miscarriage happened abroad | Date shown in the foreign medical documents, with English translation if needed |
The 60 days are counted as calendar days, not working days. Saturdays, Sundays, holidays, rest days, and non-working days are included because maternity leave is continuous and uninterrupted under the law and its rules. (Supreme Court E-Library)
Example
If the miscarriage date in the medical certificate is March 10, March 10 is Day 1. The 60th calendar day is May 8, so the expected return-to-work date is May 9, unless another valid leave arrangement applies.
Legal basis for maternity leave after miscarriage
The main law is Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law, which took effect in 2019. Although many people call it the “105-day maternity leave law,” the 105-day period applies to live childbirth. For miscarriage or emergency termination of pregnancy, the law grants 60 days of maternity leave with full pay. (Supreme Court E-Library)
The Implementing Rules and Regulations of RA 11210 repeat the same rule: covered female workers are entitled to 105 days for live childbirth, but 60 days with full pay for miscarriage or emergency termination of pregnancy. The IRR also states that maternity leave is granted in every instance of pregnancy, miscarriage, or emergency termination, regardless of frequency. (Civil Service Commission)
For private-sector employees, the benefit normally has two money components:
- SSS maternity benefit, computed based on the member’s average daily salary credit; and
- Salary differential, if any, paid by the employer so the employee receives full pay, unless the employer is exempt under the rules.
SSS states that employed female members receive full pay consisting of the SSS maternity benefit and the salary differential paid by the employer, subject to listed exemptions. (Social Security System)
What counts as miscarriage, emergency termination, stillbirth, ectopic pregnancy, or hydatidiform mole?
SSS maternity benefit applies not only to live childbirth. It also applies when the female member is unable to work because of:
- Miscarriage
- Emergency termination of pregnancy
- Stillbirth or fetal death
- Ectopic pregnancy
- Hydatidiform mole, commonly known as molar pregnancy
SSS expressly lists miscarriage, emergency termination of pregnancy, ectopic pregnancy, and hydatidiform mole under its documentary requirements for maternity claims. (Social Security System)
An emergency termination of pregnancy in the maternity leave context is a medical contingency recognized for purposes of leave and SSS benefit processing. It should be supported by proper medical records. This is different from giving general advice on abortion. Philippine criminal law still contains abortion-related offenses under Articles 256 to 259 of the Revised Penal Code, so the documents submitted to SSS and the employer should accurately reflect the medical diagnosis and procedure performed by a licensed physician. (Lawphil)
Who is covered by SSS maternity benefit after miscarriage?
SSS maternity benefit may be available to qualified female members who are:
- Private-sector employees
- Self-employed members
- Voluntary members
- Non-working spouses
- Overseas Filipino Workers
- Members from the informal economy
SSS defines the maternity benefit as a daily cash allowance for female members unable to work because of childbirth, miscarriage, or emergency termination of pregnancy, and states that it is granted regardless of civil status, employment status, legitimacy of the child, and frequency of pregnancy. (Social Security System)
SSS coverage is compulsory for private-sector employees, including kasambahays, self-employed persons under 60, and OFWs under 60. (Social Security System) Foreign nationals working in the Philippines under local employment should check their SSS registration and any applicable exemption, especially if there is a totalization or social security agreement involved.
SSS contribution requirement: the 3-month rule
To qualify for SSS maternity benefit, the member must have paid at least three monthly SSS contributions within the 12-month period immediately before the semester of miscarriage, childbirth, or emergency termination of pregnancy. SSS considers only contributions paid before the semester of contingency. (Social Security System)
A semester of contingency means two consecutive quarters ending in the quarter of the miscarriage, childbirth, or emergency termination. SSS defines a quarter as three consecutive months ending in March, June, September, or December. (Social Security System)
How to find the qualifying period
| Month of miscarriage / ETP | Semester excluded by SSS | 12-month period where 3 contributions must appear |
|---|---|---|
| January, February, or March | October to March | October of the year before last up to September of the previous year |
| April, May, or June | January to June | January to December of the previous year |
| July, August, or September | April to September | April of the previous year up to March of the current year |
| October, November, or December | July to December | July of the previous year up to June of the current year |
Example
If the miscarriage happened in August 2026, the quarter of contingency is July to September 2026. The semester of contingency is April to September 2026. SSS excludes that semester and checks whether there are at least three paid monthly contributions from April 2025 to March 2026.
Step-by-step process after miscarriage
1. Secure medical records immediately
Ask the hospital or doctor for documents that clearly show:
- The diagnosis
- The date of miscarriage, emergency termination, or procedure
- The physician’s name and PRC license number
- The date of consultation, confinement, discharge, or procedure
- The type of procedure, if any
For local claims, SSS requires medical documents to show the physician’s name and PRC license number. If electronically issued medical documents are used, SSS may require the official receipt for the procedure. (Social Security System)
2. Tell HR or your employer as soon as you are medically able
For employed members, SSS rules require the member, upon confirmation of pregnancy, to inform the employer and submit maternity notification with proof of pregnancy. The employer then transmits the notification to SSS through the employer’s My.SSS account. (Social Security System)
If the miscarriage already happened before notification was completed, submit the medical records promptly. A late or missing notification can delay processing, but the IRR states that failure to notify the employer does not automatically bar the worker from receiving maternity benefits, subject to SSS guidelines. (Supreme Court E-Library)
3. Confirm the correct start date of maternity leave
For miscarriage and emergency termination, the safest approach is to match the leave start date with the medical contingency date.
Use this wording with HR when needed:
“Please record the start of maternity leave as [date], the date of miscarriage/emergency termination/procedure stated in the attached medical certificate.”
If there are two dates — for example, bleeding started at home on May 3 but the procedure was done on May 5 — ask the doctor to state clearly which date is the date of miscarriage and which date is the procedure date. HR and SSS should not be left to guess.
4. File through My.SSS
Since September 1, 2021, SSS requires Maternity Benefit Application or Maternity Benefit Reimbursement Application filing online through the member’s or employer’s My.SSS account. (Social Security System)
For employed members, the employer usually advances the SSS maternity benefit and later seeks reimbursement from SSS. For self-employed, voluntary, non-working spouse, OFW, separated, unemployed, temporarily laid off, or similar cases, SSS may pay the member directly. (Social Security System)
5. Make sure the DAEM account is enrolled
SSS releases maternity benefits to the approved disbursement account enrolled in the Disbursement Account Enrollment Module, commonly called DAEM. Members can track benefit crediting or disbursement status through My.SSS. (Social Security System)
Documents needed for SSS maternity benefit after miscarriage
For miscarriage, emergency termination of pregnancy, ectopic pregnancy, or hydatidiform mole, SSS requires documents in three groups: proof of pregnancy, proof of termination of pregnancy, and medical documents signed by a physician. (Social Security System)
| Document group | Examples accepted by SSS |
|---|---|
| Proof of pregnancy | Pregnancy test signed by a physician or municipal health officer; ultrasound; blood pregnancy test such as Beta HCG; early pregnancy factor |
| Proof of termination of pregnancy | Pregnancy test result; ultrasound result; histopathological report; operating room record |
| Medical document | Medical certificate; records of consultation; clinical abstract; discharge summary |
For medical events abroad, SSS states that foreign medical documents should have English translation if applicable, but authentication by the Philippine Embassy or Consulate, notarization abroad, or apostille is not required for SSS supporting documents. (Social Security System)
How payment works for employed members
For private-sector employees, the employer must advance the full payment of maternity benefits within 30 days from the filing of the maternity leave application. SSS then reimburses the employer for the SSS maternity benefit portion after receiving satisfactory proof of payment and legality. (Social Security System)
This matters because many employees expect SSS to pay them directly even while still employed. In the usual employed-member setup, HR handles the advance payment and reimbursement process. Direct SSS payment is more common when the member is self-employed, voluntary, OFW, non-working spouse, separated, unemployed, temporarily laid off, or affected by lockout or strike. (Social Security System)
Public-sector employees after miscarriage
For government employees, the Civil Service rules also provide 60 days maternity leave with full pay for miscarriage or emergency termination of pregnancy. CSC rules require prior notice of pregnancy and maternity leave at least 30 days in advance whenever possible, using the proper leave form with medical certificate. (Civil Service Commission)
The practical documents are usually:
- Civil Service Form No. 6, Application for Leave
- Medical certificate
- Clearance form if required by the agency
- Hospital or physician records supporting the miscarriage or emergency termination
Government workers receive full pay through the agency, not through the ordinary private-sector SSS reimbursement arrangement.
Common problems and how to avoid them
1. Using the wrong start date
The most common issue is confusion between:
- First day of bleeding
- First consultation date
- Hospital admission date
- Procedure date
- Discharge date
For SSS and HR, the key date should be the medically certified date of miscarriage, emergency termination, or procedure. The medical certificate should be clear enough that a claims processor can identify the correct contingency date without calling the hospital.
2. Counting only working days
The 60-day period is counted in calendar days. It does not pause on weekends, holidays, company rest days, school breaks, or government work suspensions.
3. Expecting 105 days
The 105-day period applies to live childbirth. For miscarriage, emergency termination of pregnancy, and stillbirth, the benefit is 60 days. SSS also computes the benefit by multiplying the average daily salary credit by 60 days for miscarriage or emergency termination, including stillbirth. (Social Security System)
4. Claiming sickness benefit for the same period
SSS states that maternity benefit bars recovery of sickness benefit for the same period. (Social Security System) If the absence is covered by maternity benefit, it should not also be claimed as SSS sickness benefit for the same dates.
5. Applying for Magna Carta special leave instead of maternity leave
If the surgery or procedure is pregnancy-related, such as miscarriage or emergency termination, the proper benefit is usually maternity leave under RA 11210, not the Special Leave Benefit for Women under the Magna Carta of Women. The Philippine Commission on Women’s RA 11210 materials explain that if the surgery is pregnancy-related, the worker is entitled to maternity leave benefit, not the Magna Carta special leave benefit. (PCAF)
6. Assuming the father can use allocated maternity leave
The option to allocate up to seven days of maternity leave credits to the child’s father or alternate caregiver does not apply in cases of miscarriage or emergency termination of pregnancy. SSS states this clearly in its maternity benefit guidance. (Social Security System)
7. Resignation, end of contract, or termination
RA 11210 protects the right to maternity leave even if the childbirth, miscarriage, or emergency termination occurs not more than 15 calendar days after termination of employment, because the right has already accrued. If the pregnant worker was terminated without just cause, that 15-day limit does not apply, and the employer may be liable for the full maternity benefit amount under the law. (Supreme Court E-Library)
8. Inconsistent documents from abroad
For miscarriages abroad, SSS allows foreign medical documents with English translation if applicable and does not require apostille or Philippine Embassy/Consulate authentication for supporting documents. (Social Security System) Still, the documents should clearly state the diagnosis, date, and physician or facility details.
Frequently Asked Questions
Does SSS maternity leave after miscarriage start on the day I started bleeding?
Not always. It should start on the date medically certified as the miscarriage, emergency termination, or procedure date. If bleeding started earlier but the doctor confirmed the miscarriage later, ask the doctor to make the medical certificate clear.
Is miscarriage covered by 60 days or 105 days?
Miscarriage is covered by 60 calendar days with full pay. The 105-day benefit applies to live childbirth. SSS also applies the 60-day computation to miscarriage, emergency termination of pregnancy, and stillbirth. (Social Security System)
Are the 60 days counted as calendar days or working days?
They are counted as calendar days because maternity leave must be continuous and uninterrupted. Weekends, holidays, and rest days are included.
Can my employer require me to return before 60 days?
The law grants 60 days for miscarriage or emergency termination of pregnancy. Early return should not be forced. If the employee voluntarily returns or performs work during the leave period, HR should handle it carefully because maternity leave is meant for recovery and is not supposed to be deferred or broken up.
What if I did not file maternity notification before the miscarriage?
Submit the claim and medical documents anyway. Prior notification is required under SSS rules, but the IRR states that failure to notify the employer does not automatically bar receipt of maternity benefits, subject to SSS guidelines. (Supreme Court E-Library)
Can I still claim if the miscarriage happened abroad?
Yes, if you meet the SSS qualification rules and submit acceptable medical documents. SSS requires English translation if applicable, but does not require embassy authentication, consular authentication, notarization abroad, or apostille for foreign supporting documents. (Social Security System)
Can I claim SSS sickness benefit for the same miscarriage period?
No. SSS maternity benefit bars recovery of sickness benefit for the same period. (Social Security System)
Does the 30-day unpaid extension apply after miscarriage?
The 30-day unpaid extended maternity leave applies to live childbirth, not miscarriage or emergency termination of pregnancy. For miscarriage or ETP, the statutory maternity leave is 60 days.
Can the father receive allocated maternity leave after miscarriage?
No. Allocation of up to seven maternity leave credits to the child’s father or alternate caregiver is not applicable in miscarriage or emergency termination cases. (Social Security System)
How long do I have to file the SSS maternity benefit claim?
SSS states that maternity benefit claims may be filed within 10 years from the date of delivery, miscarriage, or emergency termination of pregnancy. (Social Security System)
Key Takeaways
- After miscarriage or emergency termination of pregnancy, SSS maternity leave generally starts on the medical contingency date: the date of miscarriage, emergency termination, or procedure shown in the medical records.
- The benefit is 60 calendar days with full pay, not 105 days.
- For miscarriage and ETP, SSS treats the 60-day leave as without prenatal leave, so it is normally counted from the actual miscarriage/ETP/procedure date.
- The start date used by the doctor, hospital, employer, and SSS should match.
- Qualified SSS members need at least three monthly contributions within the correct 12-month qualifying period before the semester of contingency.
- Employed members usually receive advance payment from the employer; SSS reimburses the employer for the SSS maternity benefit portion.
- Self-employed, voluntary, OFW, non-working spouse, separated, or unemployed members are usually paid directly by SSS through their enrolled DAEM account.
- Maternity benefit cannot be claimed together with SSS sickness benefit for the same period.
- The father or alternate caregiver cannot receive allocated maternity leave credits in miscarriage or emergency termination cases.