The Philippines has one of the most progressive maternity leave regimes in Southeast Asia, primarily governed by Republic Act No. 11210 (105-Day Expanded Maternity Leave Law), enacted in 2019, and its Implementing Rules and Regulations (IRR) issued through DOLE Department Order No. 212, series of 2019, as amended by Department Order No. 238, series of 2023.

This law replaced the previous 60-day (normal delivery) / 78-day (cesarean) regime under the old Social Security Law and removed the previous limit of only the first four pregnancies.

Who Are Covered and Entitled

All female workers in the Philippines—private sector, public sector, informal economy, household helpers (kasambahay), and even overseas Filipino workers who are mandatory or voluntary SSS members—are entitled to maternity leave benefits provided they meet the minimum contribution requirement:

At least three (3) monthly contributions within the 12-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy.

Self-employed, voluntary members, and separated members (as long as contributions were paid) are also covered.

There is no longer any limit on the number of pregnancies/delivery events that can be covered. Every pregnancy qualifies.

Female national athletes and members of the national teams receive the full benefit even without the minimum contributions under special provisions.

Duration of Paid Maternity Leave

Live birth (vaginal or cesarean section) – 105 days paid maternity leave regardless of mode of delivery.
Solo parent under RA 8972 as amended by RA 11861 – additional 15 days, for a total of 120 days paid leave.
Miscarriage or emergency termination of pregnancy (including ectopic pregnancy requiring surgery) – 60 days paid maternity leave.
Optional extension – additional 30 days without pay may be availed by any female worker after the 105 days (or 120 days for solo parents).
Qualified legal adoption of a child below seven (7) years old – the female adoptive parent is entitled to 105 days paid maternity leave starting from the date the child is placed in her care (Pre-Adoptive Placement Authority date).

When Can Maternity Leave Be Availed?

This is the core question most pregnant employees ask.

The law grants significant flexibility to the female worker:

Maternity leave may be taken before or after the actual date of delivery, or a combination of both (prenatal + postnatal).
There is no fixed mandatory prenatal or postnatal allocation. The employee decides how many days she wants before and after delivery, as long as the total does not exceed 105 days (or 120 for solo parents).
In practice, most women avail 30–60 days prenatal (starting 4–8 weeks before expected date of delivery) and the remaining days postnatal.
Some women prefer to work until the day they go into labor and take the full 105 days after birth. This is perfectly allowed.
The law does not forfeit unused prenatal days. If the baby comes earlier than expected and prenatal leave was not taken, the unused days are simply added to the postnatal period.
The only indirect limitation is practical: the maternity benefit computation by SSS is based on the semester of contingency (the semester that includes the date of delivery/miscarriage). The leave must be taken within a reasonable period surrounding the childbirth event.

Therefore, the female worker has full discretion on the exact start date, in coordination with her employer.

Allocation of Maternity Leave to Father or Alternate Caregiver

Every female worker has the option to transfer up to 7 days of her paid maternity leave to the child’s father (whether married to her or not) or to an alternate caregiver (relative within the 4th degree of consanguinity) in the following cases:

The father/alternate caregiver is employed.
The female worker voluntarily agrees in writing.
The 7 days may be taken simultaneously, staggered, or separately from the mother’s leave.

This allocation is available even if the mother is still alive and capable.

In case of death, absence, or permanent incapacity of the mother, the remaining balance of the 105/120 days may be availed by the father or alternate caregiver.

Notification and Application Requirements

Maternity Notification – As soon as pregnancy is confirmed (ideally within the first trimester), the female worker must notify her employer using the SSS Maternity Notification form, together with proof of pregnancy (ultrasound, medical certificate, etc.).
This notification must be submitted to the employer, who will then stamp and submit it to SSS.
Failure to notify in advance does not disqualify the benefit, but advance notification allows the employer to prepare and enables advance payment of salary (for private sector).
After delivery/miscarriage, the employee submits the Maternity Benefit Application with:
- Birth certificate or fetal death certificate
- Proof of notification
- Additional documents for solo parents, adoption, etc.

Private sector employers must advance the full maternity benefit within 30 days from filing and will be reimbursed by SSS. Public sector employees receive it directly from GSIS or their agency.

Special Situations and Additional Benefits

Multiple births (twins, triplets) – still only 105 days (not multiplied).
Stillbirth – treated as live birth if the fetus had intrauterine life of at least 20 weeks; thus 105 days.
Female worker who suffers miscarriage after a previous live birth – still entitled to 60 days for the miscarriage.
Gynecological surgery leave – Under the Magna Carta of Women (RA 9710), a separate 2 months paid special leave is available for surgery due to gynecological disorders (hysterectomy, oophorectomy, etc.). This is in addition to maternity leave if the surgery is unrelated to pregnancy.
Lactation periods – Under RA 10028 (Expanded Breastfeeding Promotion Act), nursing employees are entitled to 40 minutes per 8-hour workday (paid break) for breastfeeding or milk expression for up to 6 months after return from maternity leave.
Protection from termination – It is illegal to terminate a female worker because of pregnancy or availment of maternity leave (RA 11210, Sec. 18). Violation is punishable by fine and imprisonment.

Summary Table of Maternity Leave Entitlements

Event	Paid Days	Solo Parent Additional	Optional Unpaid Extension
Live birth (vaginal or cesarean)	105	+15 (total 120)	+30
Miscarriage / emergency termination	60	None	None
Qualified adoption of child below 7 years	105	+15 if solo parent	+30

Conclusion

Under Philippine law, the female worker has almost complete control over when to avail her maternity leave. She may choose to take it entirely before delivery, entirely after, or split in any proportion she prefers. The only practical constraints are coordination with the employer and the medical realities of pregnancy and recovery.

This flexibility reflects the law’s recognition that every pregnancy and every mother’s situation is different. Employers are required to respect the employee’s chosen leave dates, provided proper notification is given.

As of December 2025, RA 11210 as amended remains the governing law, with no further extension of the 105-day benefit enacted.