Maternity Leave in the Philippines: 2025 Guide

Maternity leave is more than just time off. It’s a vital benefit that supports working mothers during pregnancy, childbirth, and recovery. In the Philippines, maternity leave policies have significantly improved under Republic Act 11210, also known as the Expanded Maternity Leave Law. With up to 105 days of paid leave (or 120 days for solo parents), the country now stands among the most progressive in Southeast Asia when it comes to maternity benefits.

Understanding your maternity leave rights ensures that you receive the financial and job security you deserve. Whether you’re an employee, freelancer, or employer, this guide breaks down everything you need to know about maternity leave in the Philippines.

Who Qualifies for Maternity Leave in the Philippines?

Eligibility for maternity leave depends on your employment classification.. Here’s a breakdown:

• Private-Sector Employees: If you’re a member of the Social Security System (SSS) and have paid at least three monthly contributions in the past 12 months, you’re entitled to maternity benefits.
  
  
• Government Employees: Covered under the Government Service Insurance System (GSIS), public-sector workers receive fully paid maternity leave as long as they meet government requirements.
  
  
• Freelancers & Self-Employed Individuals: If you’re voluntarily contributing to SSS, you can still claim maternity benefits. Regular contributions are key to eligibility.
  
  
• Contractual & Gig Workers: If you’re employed under an agency or project-based contract, your eligibility depends on your SSS contributions. Unfortunately, not all contractual workers are covered.
  
  
• Adoptive Mothers: While the law does not explicitly grant maternity leave for adoptive mothers, those who legally adopt a newborn may qualify for Parental Leave under RA 8972 (Solo Parents’ Welfare Act) or RA 8552 (Domestic Adoption Act)
  

Why This Matters: Knowing your eligibility allows you to plan ahead and ensure you don’t miss out on financial support during your maternity period.

Maternity Leave Benefits: How Much Can You Get?

The Expanded Maternity Leave Law offers generous benefits for mothers, regardless of civil status, in the workforce. Here’s what you can expect:

• 105 days of fully paid leave (with an option to extend for 30 more days without pay).
  
  
• An additional 15 days of paid leave given to solo parents provided you have a valid Solo Parent ID issued by the DSWD under the Solo Parents’ Welfare Act.
  
  
• 60 days of paid leave in case of miscarriage or emergency termination of pregnancy.
  
  
• For consecutive pregnancies or multiple childbirths: You may apply for maternity leave in every instance of pregnancy, regardless of frequency. 

In case of overlapping maternity benefit claims (e.g., one miscarriage or emergency termination of pregnancy after another, or a live childbirth followed by miscarriage), you shall be granted maternity leave benefits for the two contingencies in a consecutive manner. For SSS members, the amount of benefit corresponding to the period where there is an overlap shall be deducted from the current maternity benefit claim. For multiple childbirths (e.g. twins), a woman shall be granted only one maternity benefit, regardless of the number of offspring/children per delivery.

Employer and SSS-funded benefits ensure that your maternity pay is covered while you’re on leave. Full payment of maternity leave benefits to qualified female workers shall be advanced by the employer. The SSS shall immediately reimburse the employer for the applicable SSS maternity benefits.

Does Maternity Leave Affect Bonuses and 13th Month Pay?

Good news! Maternity benefits are not deducted from your 13th-month pay, performance bonuses, or other incentives. Your leave is your right, and it should not impact your other entitlements.

Why This Matters: Properly understanding your maternity pay ensures that you’re not shortchanged when your salary is calculated.

Related: See if you’re getting a fair pay in the 2025 Philippine Salary Guide.

Step-by-Step Guide: How to Apply for Maternity Leave

Avoid unnecessary delays by following the correct maternity leave application process:

For Private-Sector Employees (SSS Members)

1. Notify your employer as soon as possible of the pregnancy and the expected date of delivery 60 days in advance of the requested maternity leave. In turn, employers shall transmit this information to the SSS.
   
   
2. Submit required documents: SSS Maternity Notification Form, proof of pregnancy (ultrasound/medical certificate), and SSS contributions record.
   
   
3. Your employer files your claim with SSS.
   
   
4. Once approved, maternity benefits are credited directly to you (via SSS UMID ATM card or bank account).
   

For Government Employees (GSIS Members)

1. Apply for maternity leave through your HR department.
   
   
2. Submit a medical certificate and other required government forms.
   
   
3. Your salary continues during your leave period, as covered by GSIS funds.
   

For Freelancers & Voluntary SSS Members

1. Ensure your SSS contributions are updated.
   
   
2. File your Maternity Notification online via the My.SSS portal.
   
   
3. Submit the required medical documents and await SSS approval.
   

Filing Deadline: SSS requires maternity notification before childbirth to ensure smooth processing of benefits. While early notification is encouraged, delays do not automatically disqualify a claim as long as the required contributions are met.

What If You Don’t Meet SSS Contribution Requirements?

Missed contributions? You may still qualify for partial benefits or explore other financial assistance options:

• Employer-Paid Leave Policies: Some companies offer maternity packages beyond SSS coverage.
  
  
  
• PhilHealth Assistance: Covers childbirth delivery expenses.
  
  
  
• Government Aid Programs: DSWD and local government units may offer financial support for expectant mothers.
  
  

Why This Matters: Planning ahead ensures you don’t experience financial hardship during your maternity leave.

Returning to Work After Maternity Leave

Going back to work after maternity leave can be challenging. Here’s what you need to know:

• Your employer cannot terminate you for taking maternity leave.
  
  
• You must return to the same or an equivalent position.
  
  
• You are entitled to breastfeeding breaks under the Expanded Breastfeeding Promotion Act.
  
  

If your employer denies your return to work, you can file a labor complaint with DOLE for wrongful dismissal.

Employer Responsibilities & Compliance

Employers must fully comply with maternity leave laws to avoid penalties:

• Ensure that employees receive their full maternity benefits on time.
  
  
  
• Process SSS reimbursements properly to recover maternity leave payments.
  
  
  
• Adjust workloads fairly and support returning mothers.
  
  

Failure to comply may result in DOLE fines and legal action.

Related: Build a compliant Philippine team.

Common Mistakes in Processing & How to Avoid Them

1. Late or incomplete SSS filings leading to delays in maternity pay.
   
   
2. Misclassification of employees (e.g., labeling regular workers as contractual to avoid paying benefits).
   
   
3. Incorrect payroll deductions, reducing maternity pay.
   
   

Avoid these errors by following SSS guidelines and consulting HR or legal professionals when needed.

Frequently Asked Questions About Maternity Leave in the Philippines

• Can you work while on maternity leave? Technically, no. Maternity leave is designed for recovery and childcare, but freelance work is not explicitly prohibited.
  
  
  
• What happens if you resign during maternity leave? You can still avail of SSS maternity benefits if childbirth, miscarriage, or emergency termination of pregnancy occurs within 15 calendar days after employment termination. However, this 15-day rule does not apply if the employee was terminated without just cause, in which case she remains eligible for benefits.
  
  
  
• Can fathers share maternity leave? No, but you may, at your option, allocate up to seven (7) days of said benefits to the child’s father, whether or not married to the latter. This benefit is over and above that which is provided under Republic Act No. 8187, or the (Paternity Leave Act of 1996).
  
  
  
• Are maternity benefits taxable? No. SSS maternity benefits are tax-exempt.

Know Your Rights & Stay Compliant

For employees, understanding maternity leave ensures you receive your rightful benefits. For employers, compliance with DOLE and SSS regulations helps avoid legal trouble and fosters a supportive workplace.

Looking for companies that offer family-friendly benefits? Explore opportunities with progressive employers like Joyce who prioritize work-life balance.