Labor Standards 9 - Masterclass 2024

Summary

This video explains the key aspects of maternity leave (ML) for female employees, highlighting its coverage, benefits, and conditions. Maternity leave applies to all pregnant female employees, regardless of civil status, employment type, or the legitimacy of their child. The leave duration is 105 days for non-solo parents and 120 days for solo parents, with 60 days granted in cases of miscarriage or emergency termination. Employees must have at least three monthly contributions to qualify. Employers are responsible for covering salary differentials, and reimbursement from the SSS may be challenging. This policy ensures fair support for female workers during pregnancy and childbirth.

Takeaways

• 😀 Maternity leave applies to all female employees regardless of civil status, employment status, or the legitimacy of their child.
• 😀 Female employees are entitled to 105 days of maternity leave with full pay if they are not solo parents.
• 😀 Solo parents, who are solely responsible for raising their child, receive an additional 15 days of maternity leave, totaling 120 days with full pay.
• 😀 In cases of miscarriage or emergency termination, the maternity leave is automatically limited to 60 days with full pay, regardless of solo or non-solo parent status.
• 😀 Female employees must have at least three monthly SSS contributions in the 12-month period preceding childbirth or related events to be eligible for maternity leave.
• 😀 Employers are responsible for ensuring that the employee’s SSS contributions are properly paid and reflected in the records.
• 😀 Employees must notify their employer of their pregnancy and probable due date through a formal maternity leave application.
• 😀 Employers should have clear policies in place for handling maternity leave, including redistribution of tasks and responsibilities during the employee's absence.
• 😀 Employers must pay the difference between the full salary and the cash benefits received from SSS during maternity leave, which may involve financial and administrative challenges.
• 😀 During maternity leave, employees may choose not to be contacted or reachable, especially if they are in remote areas or focusing on their recovery.
• 😀 While the law provides 60 days of leave for miscarriage or emergency termination, employers can extend leave if the employee is not fully recovered or needs more time for emotional healing.

Q & A

What is maternity leave (ML)?

Maternity leave (ML) is a benefit granted to female employees who are pregnant, allowing them to take leave from work while still receiving full pay. It is governed by Republic Act 11210, which ensures female employees are financially supported during their absence due to pregnancy.

Who are eligible for maternity leave under the law?

All female employees, regardless of civil status, employment status, or the legitimacy of their child, are eligible for maternity leave as long as they are pregnant. This includes married, single, or individuals in same-sex relationships, as well as probationary, casual, project, seasonal, or fixed-term employees.

Does the civil status of the employee affect their eligibility for maternity leave?

No, civil status does not affect eligibility for maternity leave. The law only requires that the employee is female and pregnant, regardless of whether she is married, single, or in any other type of relationship.

How long is the maternity leave for non-solo parents?

Non-solo parents, including married employees or those who share childcare responsibilities with a partner (whether married or not), are entitled to 105 days of maternity leave with full pay.

What is the maternity leave duration for solo parents?

Solo parents, who have sole responsibility for raising the child, are entitled to 120 days of maternity leave with full pay. This includes an additional 15 days on top of the standard 105 days.

What happens if there is a miscarriage or emergency termination of pregnancy?

In the case of a miscarriage or emergency termination of pregnancy, the maternity leave is automatically limited to 60 days with full pay. However, the employer may extend leave through company policy if the employee is not fully recovered.

What are the conditions for entitlement to maternity leave?

To be entitled to maternity leave, the employee must be a covered female employee, have at least three monthly contributions to the Social Security System (SSS) in the 12 months preceding childbirth, miscarriage, or emergency termination, and notify the employer about her pregnancy and expected due date.

Why is it important for employers to have a clear policy on maternity leave?

Having a clear policy helps employers manage the employee's absence, especially if the employee holds critical responsibilities. It ensures that tasks are reassigned appropriately and that the company's operations are not disrupted during the employee's leave.

Can the employer contact the employee during maternity leave?

It may be difficult to contact the employee during maternity leave, especially if she is in a remote area or taking time to focus on her pregnancy. Employers should plan ahead to ensure there is someone else to manage tasks in her absence.

Who is responsible for paying the salary differential during maternity leave?

The employer is responsible for paying the salary differential, which is the difference between the full salary and the actual cash benefits received from the SSS. Employers typically advance these payments and later seek reimbursement from the SSS.