Maternity leave in the Philippines provides eligible female workers with 105 days of paid leave, extended to 120 days for solo parents, under the Expanded Maternity Leave Act (Republic Act No. 11210). The Social Security System (SSS) pays the maternity benefit for private-sector employees, while government employees receive their salary from their respective agencies. The employer grants the leave and facilitates the SSS claim.
This guide covers maternity leave in the Philippines in 2026: the 105-day entitlement, SSS maternity benefit calculation, employer obligations, solo parent extension, and the job protections that apply during the leave period.
Key takeaways
- Eligible female workers receive 105 days of paid maternity leave, increased from 60 days under the Expanded Maternity Leave Act (RA 11210).
- Solo parents receive an additional 15 days, totalling 120 days.
- The SSS pays the maternity benefit for private-sector employees based on their average daily salary credit.
- Employers grant the leave and pay wages during the first 60 days, then claim reimbursement from the SSS for the remaining days.
- Employers cannot terminate or disadvantage an employee during the leave period.
Who is eligible for maternity leave in the Philippines?
The Expanded Maternity Leave Act (RA 11210) applies to all female workers in the private and public sectors, regardless of civil status, employment type, or number of pregnancies.
| Eligibility criterion | Requirement |
|---|---|
| Gender | Female worker |
| Employment type | Full-time, part-time, contractual, seasonal, or casual |
| Minimum service | At least 12 monthly contributions to SSS (for SSS benefit) |
| Civil status | Any (married, single, widowed, divorced) |
| Number of pregnancies | No limit — entitlement applies to every pregnancy |
Employees who are not yet eligible for SSS maternity benefits (for example, those who have not contributed for 12 months) still receive 105 days of leave, but the employer bears the full cost.
How long is maternity leave in the Philippines?
The entitlement under RA 11210 is:
| Situation | Duration |
|---|---|
| Standard maternity leave | 105 days |
| Solo parent (additional) | +15 days (total 120 days) |
| Caesarean delivery | +30 days recovery (on top of 105/120 days) |
| Maternal mortality | +30 days additional leave |
| Miscarriage or emergency termination | 60 days |
The leave can begin up to 60 days before the expected date of delivery or the actual date of delivery, whichever is earlier. The remaining days are taken after delivery.
Solo parent extension
Under the Solo Parents’ Welfare Act (RA 8972), solo parents are entitled to an additional 15 days of paid leave on top of the 105 days. A solo parent is defined as any individual who is sole caregiver of a child due to various circumstances including death, abandonment, or incarceration of a spouse.
Caesarean delivery
An employee who undergoes a caesarean section receives an additional 30 days of recovery leave beyond the 105 or 120 days.
Who pays maternity leave in the Philippines?
Private-sector employees — SSS Maternity Benefit
For private-sector employees covered by the Social Security System (SSS), the SSS pays the maternity benefit directly. The benefit is calculated based on the employee’s average daily salary credit (ADSC) over the 12 months preceding the semester of delivery.
| Payment aspect | Details |
|---|---|
| Who pays the benefit | SSS (from the Social Security Fund) |
| Benefit calculation | Average daily salary credit × 105 days |
| Rate | 100% of the ADSC (full replacement) |
| Monthly salary credit ceiling | Varies by SSS schedule (check current SSS table) |
The employer pays the employee’s wages for the first 60 days of the leave period, then claims reimbursement from the SSS for the remaining 45 days (or the full 105 days, depending on the employer’s practice). Some employers pay the full period and seek full SSS reimbursement.
Public-sector employees
Government employees receive their full salary from their respective agencies for the duration of the leave. The agency absorbs the cost — there is no separate SSS claim for government employees.
Employees not covered by SSS
Employees who are not SSS members or have not contributed for 12 months still receive 105 days of paid leave, but the employer pays the full cost without SSS reimbursement.
| Employee type | Who pays |
|---|---|
| Private sector (SSS member, 12+ months) | SSS pays benefit; employer advances wages |
| Private sector (SSS member, <12 months) | Employer pays full wages |
| Public sector | Government agency pays full salary |
| Not SSS registered | Employer pays full wages |
Employer obligations
Employers managing maternity leave in the Philippines must fulfil these obligations:
- Grant the 105-day leave — Refusal is a violation of RA 11210.
- Pay wages during the first 60 days — At the employee’s full wage rate.
- Submit SSS maternity benefit claims — Within the prescribed timeframe.
- Not terminate or disadvantage the employee — Section 3 of RA 11210 prohibits dismissal during the leave period.
- Allow return to the same position — The employee returns to her role after the leave.
- Maintain records — Keep documentation of leave granted, wages paid, and SSS claims.
Dismissal protection
Section 3 of the Expanded Maternity Leave Act (RA 11210) provides that no employer shall terminate or dismiss a female employee during the maternity leave period. The protection extends to any reduction in benefits or unfavourable changes to employment conditions.
An employer who terminates an employee during the leave period faces penalties under both the Expanded Maternity Leave Act and the Labour Code, including payment of backwages and reinstatement.
| Protection | Details |
|---|---|
| During leave | Full 105/120-day period — no termination |
| After leave | Employee returns to original position |
| Exception | Serious misconduct (burden on employer) |
| Penalties | Backwages, reinstatement, administrative sanctions |
Worked examples
Example 1: Standard 105-day leave with SSS
Maria works at a private company in Manila and has been an SSS member for 4 years. She is expecting her first child on 1 November 2026.
- She begins maternity leave on 2 September 2026 (60 days before delivery).
- She takes the full 105 days, ending leave on 13 December 2026.
- Her employer pays wages for the first 60 days (2 September to 31 October).
- The SSS pays the maternity benefit for days 61–105 (1 November to 13 December).
- The employer submits the SSS claim for reimbursement.
Example 2: Solo parent with 120-day leave
Ana is a single mother and has been an SSS member for 6 years. She is expecting her second child on 15 March 2027.
- She receives 120 days of maternity leave (105 + 15 solo parent days).
- Her employer pays wages for the first 60 days.
- The SSS pays the maternity benefit for the remaining 60 days.
- She returns to work after 120 days.
Example 3: Caesarean delivery
Rosa has a caesarean delivery on 20 August 2026. She has been an SSS member for 3 years.
- She receives 135 days of maternity leave (105 + 30 days recovery).
- Her employer pays wages for the first 60 days.
- The SSS pays the maternity benefit for the remaining 75 days.
Common pitfalls
1. Forgetting the solo parent extension
Solo parents are entitled to an additional 15 days on top of the 105-day standard leave. Employers who do not account for this are under-complying with the law.
2. Not submitting SSS claims within the deadline
Employers must submit SSS maternity benefit claims within the prescribed timeframe. Late claims may result in lost reimbursement.
3. Terminating an employee during the leave period
Termination during maternity leave is prohibited under RA 11210. The only exception is serious misconduct, and the employer bears the burden of proof.
4. Incorrectly calculating the SSS benefit
The SSS maternity benefit is based on the employee’s average daily salary credit over the 12 months preceding the semester of delivery. Using the wrong salary base or contribution period results in incorrect claims.
5. Requiring a minimum service period for the leave itself
The 105-day leave entitlement applies regardless of the employee’s length of service. The 12-month SSS contribution requirement affects eligibility for the SSS benefit, not the leave itself.
For more context, see our guide to types of leave and our overview of absence management.
Frequently asked questions
How many days of maternity leave is an employee entitled to in the Philippines?
A female worker is entitled to 105 days of paid maternity leave under the Expanded Maternity Leave Act (RA 11210). Solo parents receive an additional 15 days, totalling 120 days.
What is the SSS maternity benefit?
The SSS pays a maternity benefit equal to 100% of the employee’s average daily salary credit for 105 days. The benefit is paid from the Social Security Fund and is available to employees who have contributed for at least 12 months.
Does the employee need to be an SSS member to receive maternity leave?
No. The 105-day leave entitlement applies to all female workers regardless of SSS membership. However, only SSS members who meet the contribution requirements receive the SSS maternity benefit. Non-members receive the leave but the employer bears the full cost.
Can an employer terminate an employee during maternity leave?
No. Section 3 of RA 11210 prohibits termination during the leave period, except in cases of serious misconduct where the employer bears the burden of proof.
What happens if an employee has a caesarean delivery?
An employee who undergoes a caesarean section receives an additional 30 days of recovery leave, bringing the total to 135 days (or 150 days for solo parents).
Sources
- Expanded Maternity Leave Act (RA 11210) (primary source)
- Social Security System (SSS)
- Solo Parents’ Welfare Act (RA 8972)
This article is general information, not legal advice. Philippine labour laws are subject to amendments — confirm current requirements with the Department of Labour and Employment (DOLE) or your legal adviser.