IMPLEMENTING RULES OF

REPUBLIC ACT NO. 11210 (An

act increasing the Maternity Leave
Period to (105) days for female
workers with an option to extend
for an additional (30) days without
pay, & Granting an additional (15)
days for solo mothers and other
purposes)
Charmaine L. Sahagun & Atty. Larry Dela Fuente
TABLE OF
CONTENT

01
General Provisions
04
Maternity Leave Female
Workers in the Public Sector

02
Coverage & Types of
05
Allocation of Maternity
Benefits Leave Credits

03
Grant of Maternity
Leave Benefits
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Section 1 Title

These rules and

regulations shall be
known as the
‘’Implementing Rules
and Regulations of the
105-Day Expanded
Maternity Leave Law.’’

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Section 2
Declaration of
Policy

It is declared policy of the state under Article XIII,

Section 14 of the 1987 Constitution to protect and
promote the rights and welfare of working women,
taking into account their maternal functions, and to
provide an enaling environment in which their full
potential can be achieved.
Article II, state policies, Section 12 of the 1987
Constitution provides that the State recognizes
sanctity of family life and shall protect and strengthen
the family as the basic autonomous social institution
and that it shall equally protect the life of the mother
and the life of the unborn from conception. Moreover,
Sections 17 & 22 of Republic Act No. 9710, otherwise
known as ‘The Magna Carta of Women’, provides for
womens rights to health and decent work.

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Rule II
Definition of
Terms EMERGENCY TERMINATION
Refers to pregnancy
loss on or after the
20th week of
gestation, including
still birth.
ALTERNATE
CAREGIVER
Refers to a relative within
the fourth civil degree of
consanguinity of the female
worker or to her current CURRENT PARTNER
partner
Refers to a person who
shares an intimate
relationship and lives with
the female worker.

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Rule II
Definition of
Terms
MISCARRIAGE
Refers to pregnancy
loss before week the
20th week of
gestation.
EMPLOYER
Refers to any person,
natural or juridical, in the
public and private sector,
employing the services of EMPLOYMENT SATUS IN
another, or any person THE PULIC SECTOR
acting in the interest of an Refers to the status of appointment.
employer. It may be permanent, temporary,
coterminous, fixed term, casual,
contractual, substitute or provisional.

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Rule II
Definition of
Terms SOLO PARENT
Refers to a covered
female worker who falls
under the category of a
solo parent defined under
RA No. 8972, otherwise
known as the Solo
Parents’ Welfare act of
PREGNACY 2000.
Refers to the period from the
conception up to the time
before actual delivery or RELATIVE WITHIN THE
birth of a child, miscarriage FOURTH DEGREE OF
or emergency termination. CONSANGUITY
Refers to a person who is
related to the female worker by
blood and shares the same
ancestry or lineage.

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Rule III
Who are
Covered?

1. Female workes in 3. Female workers in the 5. Female

the Public Sectors Informal Economy
2. Female workers in 4. Female members who national
the Private are voluntary contriutors to athelets
Sectors the Social Security System 8
What Benefits are Paid Leave Benefit
Granted? 3. Sixty (60) days paid leave
for miscarriage and
emergency termination of
Paid Leave Benefit pregnancy
1. One Hundred Five (105)
days for childbirth, regardless
of the mode of delivery, and
additional fifteen (15) days
paid leave if the female
worker qualifies as a solo
parent under R.A. No. 8972

Paid Leave Benefit

2. An option to
extend for an
additional thirty (30)
days without pay in
case of live childirth.

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Section 1 Grant
Who may avail?
of Maternity
Leave 3. Sixty (60) days
maternity leave Full
Pay for miscarriage
Who may avail? and emergency
1. All covered females termination.
regardless of civil status,
employment status, and
legitimacy of her child,
shall e granted 105 days
maternity with FULL
PAY.

Who may avail?

2. Additional 15 days
with Full Pay in
case the female
worker qualifies as a
Solo Parent.
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Section 2 Manner of
Enjoyment of the benefit

When to avail ML?

1.Enjoyment of maternity leave
cannot be deferred but should be
availed of either BEFORE OR
AFTER THE ACTUAL PERIOD
OF DELIVERY in a
CONTINUOUS &
UNINTERRUPTED MANNER.

When to avail ML?

2. The ML can be
credited as cominations
of PRENATAL &
POSTNATAL leave as
long as it does not
exceed 105 days or 60
days, as the case may
be. In no case shall a 1
postnatal care be less 1
than 60 days.
Section 3 Extended
Maternity Leave
In cases of live childbirth, an additional
maternity leave of 30 days without
pay, can be availed of, at the option of
the female worker, provided that the
employer shall be given due notice.

Due notice to the employer must be in

writing and must be given at least 45
days before the end of female workers
ML.

The above period of extended maternity

leave without pay shall not be considered
as gap in the service.
 GRANT OF MATERNITY LEAVE
BENEFITS AFTER TERMINATION OF
SECTION
EMPLOYMENT
Maternity leave with full pay shall be
granted even if the childbirth, miscarriage,
or emergency termination of pregnancy

05 occurs not more than 15 calendar days after

the termination of an employees service, as
her right thereto has already accrued.

MATERNITY LEAVE OF A FEMALE

06 WORKER WITH PENDING

ADMINISTRATIVE CASE

The ML benefits granted under RA No.

11210 and this rules shall be enjoyed by a
female worker in the public and private
sector even if she has a pending
administrative case.
 Notice of Pregnancy & Application
RULE V
of Maternity Leave
SECTION
The female worker shall give prior
notice to the head of agency at least 30
days in advance, whenever
possible, specifying the effective

02 date of the leave. The female worker

shall use the Form 6 in filing the ML,
supported by a medical certificate.
MATERNITY LEAVE in the Teaching

03 Profession

Female teachers in the teaching profession

may also avail of maternity leave even
during LONG VACATIONS, SUMMER &
CHRISTMAS VACATIONS, in which
case, both the ML benefits and PVP
shall be granted.
 Extended Maternity Leave
RULE V
SECTION In cases of live childbirth, the female
worker has the option to extend her ML
for an additional 30 days without pay,
or use her earned sick leave credits
for extended leave with pay. In case

04 the sick leave credits are exhausted,

the vacation leave credits may be
used.
Manner of Payment for MATERNITY

05 LEAVE benefits

The female worker shall have the option to

receive full pay either through lump sum
payment or regular payment of salary
through agency payroll. A clearance from
money, property and work-related
accountabilities shall be secured.
 Consecutive pregnancies & multiple
RULE V
childbirths
SECTION
In case of overlapping maternity benefit claims,
e.g., one miscarriage or emergency termination of
pregnancy after the other or followed by live
childbirth, the female member shall be granted
maternity benefits for the two contingencies in

06 a consecutive manner. The female worker shall

be paid only one maternity benefit, regardless of
the number of offspring, per childbirth/ delivery.

Dispute Resolution

07 Any dispute, controversy or claim arising out of or

relating to the payment of full pay shall be filed by
the concerned female worker initially to the head of
agency and may be appealed to the CSC Regional
Office having jurisdiction over the agency, and the
Commission Proper, respectively. The agency shall
not hold or delay the payment of full pay to the
female worker pending the resolution of the dispute,
controversy or claim.
 Allocation to the Child’s Father or Alternate
RULE VIII
Caregiver
SECTION
A female worker entitled to ML benefits may, at her option, allocate up
to 7 days of said benefits to the child’s father, whether or not the
same is married to the female worker. The allocated benefit granted to
the childs father under this law is over and above that which is provided
under RA No. 8187, or the “paternity Leave Act of 1996”

01 Incase of death, absence, or incapacity of the childs father, the female

worker may allocate to an alternate caregiver who may be the following
upon the election of the mother taking into account the best interests of
the child:

a. A relative within the fourth degree of consanguinity; or

b. The current partner, regardless of sexual orientation or gender

identity, of the female worker sharing the same household

The option to allocate ML credits shall not be applicable in case the

female worker suffers miscarriage or emergency termination of
pregnancy.
 Allocation of Maternity Leave Credits for Female
RULE V
Workers in the Public Sector
SECTION
In case the female worker avails of the option to allocate, she shall
submit a written notice to the head of agency or the head of agency’s
authorized representative, with her application for maternity leave.

The allocated ML may be enjoyed by the childs father or the

03 alternate caregiver either in a continuous or in an intermittent

manner not later than the period of ML availed of.

In case full pay has been given to the female worker, the childs
father or the alternate caregiver, as the case may be, shall only be
excused from work (leave without pay). The leave without pay
shall not be considered as a gap in the service.
 Death or Permanent Incapacity of the Female
Worker
In the event the beneficiary female worker dies or becomes
permanently incapacitated, the balance of her ML benefits, if any, shall
accrue to the childs father or to a qualified alternate caregiver as
provided in the preceding sections subject to the following conditions:

04 a.

b.
That the maternity leave benefits have not yet been commuted
to cash, if applicable; and

That a certified true copy of death certificate or medical

certificate or abstract is provided to the employers of both the
female worker and the childs father or alternate caregiver.

Incase the ML benefits of the deceased or permanently incapacitated

female worker have already been paid to the latter in full, the childs
father or alternate caregiver shall be entitled to enjoy the remaining
unexpired leave credits of the female worker, if there be any, without
pay: Provided, that such leave without pay shall not be considered as a
gap in the service of the childs father or alternate caregiver, in both the
public and private sector.
RULE X

PENALTIES
Whoever fails to comply with the
provisions of RA No. 11210 shall be
punished by a fine of not less than 20,
000.00 pesos nor more than
200,000.00 pesos and imprisonment of
not less than 6 years and 1day no
more than 12 years or both.

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RULE X

Effectivity

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REFERENCE:

● https://www.lvsbooks.com
/expanded-maternity-
leave-irr-pdf/

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 Thank you
& Godbless.

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