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SOCIAL SECURITY SYSTEM

<JW.SERVICI
COMMISSION

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT N0. 11210

(AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE
HUNDRED FIVE (105) DAYS FOR FEMALE WORKERS WITH AN OPTION TO
EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AND
GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS,
AND FOR OTHER PURPOSE

Pursuant to Section 19 of Republic Act No. 11210 or An Act Increasing the

Maternity Leave Period to One Hundred Five (105) Days for Female Workers with
an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting
an Additional Fifteen (15} Days for Solo Mothers, and for Other Purposes, the
following implementing rules and regulations are hereby issued:

RULE I
GENERAL PROVISIONS

Section 1. Title. - These rules and regulations shall be known as the

"Implementing Rules and Regulations of the 105-Day Expanded Maternity
Leave Law".

Section 2. Declaration of Policy. - It is the 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 enabling environment in which their full potential can be achieved.
Article II, State Policies, Section 12 of the 1987 Constitution provides that the State
recognizes the 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
and 22 of Republic Act No. 9710, otherwise known as "The Magna Carta of
Women", provides for women's rights to health and decent work .
To achieve these, and in recognition of women's maternal function as a social
responsibility, the State shall institutionalize a mechanism to expand the
maternity leave period of women workers. This will provide them with ample
transition ti me to regain health and overall wellness as well as to assume
maternal roles before resuming paid work . The Act and this Rules are consistent
with local and international legal instruments that protect and promote the rights of

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women.

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 RULE II
DEFINITION OF
TERMS

Section 1. Definition of terms. - As used in this Rules, the following terms shall
be understood to mean:
a. "Alternate caregiver" refers to a relative within the fourth civil degree of
consanguinity of the female worker or to her current partner.

b. "Current partner" refers to a person who shares an intimate relationship

and lives with the female worker.

c. "Emergency termination of pregnancy" refers to pregnancy loss on or after

the 20th week of gestation, including stillbirth.

d. "Employer" refers to any person, natural or juridical, in the public and

private sector, employing the services of another, or any person acting in
the interest of an employer, which shall include the government and all
its branches, subdivisions and instrumentalities, all government-owned or
controlled corporations and institutions, as well as non-profit private
institutions, or organizations: Provided, That the self-employed shall be
an employer and employee at the same time.

e. "Employment status in the public sector" refers to the status of

appointment. It may be permanent, temporary, coterminous, fixed term,
casual, contractual, substitute or provisional.

f. "Employment status in the private sector" refers to the type of

employment which may be regular, probationary, casual, project or seasonal.

g. "Female workers in the private sector covered by the SSS" -

Female workers in the private sector who may avail of the maternity
benefit shall include those who are covered under Republic Act No. 11199,
or the Social Security Act of 2018, particularly in Section 9, Section 9-A and
9-8, as follows:

1 ."Employed female worker" refers to a female worker , including a

domestic worker, who performs services for an employer in which either
both mental or physical efforts are used and who receives compensation
for such services, where there is an employer-employee relationship:
Provided, That a self-employed person shall be both employee and
employer at the same time.

2."Self-employed female member" refers to any female worker whose

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income is not derived from employment, including those in the informal
economy ,

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 as defined under the Social Security Act of 2018, as well as those workers
enumerated in Section 9-A thereof.

3. "Overseas Filipino Worker (OFW)" refers to any female worker who is to

be engaged, is engaged or has been engaged in a remunerated activity in
a State of which she is not a citizen, or on-board a vessel navigating the
foreign seas other than a government ship used for military or non
commercial purposes, or on an installation located offshore or on the high
seas. A "person to be engaged in a remunerated activity'' refers to an
applicant worker who has been promised or assured employment overseas.

4."Female members who are voluntary contributors to the SSS" shall include
the following:

i. A spouse of a member who devotes full time to managing the

household and family affairs but does not engage in other vocation or
employment which is subject to compulsory or mandatory coverage
(Non-Working Spouse [NWS]);

ii. An OFW upon the termination of her employment overseas who

continues to pay her contributions;

iii. A covered employee who was separated from employment who

continues to pay her contributions; and

iv. A self-employed member who realizes no income in any given month

who continues to pay her contributions.

h. "Female workers in the public sector" refer to women in government

service who, in accordance with existing laws, rules and regulations, hold
public office by virtue of an appointment issued by the proper appointing
officer/authority or by way of election in National Government Agencies
(NGAs), Local Government Units (LGUs), Government-Owned or
-Controlled Corporations (GOCCs), State Universities and Colleges
(SUCs), or Local Universities and Colleges (LUCs).

i. "Female workers in the informal economy" refer to self-employed,

occasionally or personally hired, subcontracted, paid and unpaid family
workers in household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and producers, and operators of
sari-sari stores.

j. "Full pay" refers to actual remuneration or earnings paid by an employer to a

worker for services rendered on normal working days and hours not lower
than the wage rate fixed by the Regional Tripartite Wages and Productivity
Board
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 (RTWPB) including allowances provided tor under existing company policy
or collective bargaining agreement, if any. Full pay in the public sector, on
the other hand, includes the basic salary and allowances as may be provided
under existing guidelines.

k. "Miscarriage" refers to pregnancy loss before the 20th week of gestation.

I. "National athletes" refer to athletes including persons with disabilities who

are Filipino citizens, members of the national training pool, recognized and
accredited by the Philippine Olympic Committee (POC) and the Philippine
Sports Commission (PSC), including athletes with disabilities (AWD) who
are recognized and accredited by the National Paralympic Committee of the
Philippines (NPC PHIL) and the PSC and who have represented the country
in international sports competitions.

m. "Pregnancy" refers to the period from the conception up to the time before
actual delivery or birth of a child, miscarriage or emergency termination.

n. "Relative within the fourth degree of consanguinity" refers to a person

who is related to the female worker by blood and shares the same
ancestry or lineage.

o. "Solo parent" refers to a covered female worker who falls under the category
of a solo parent defined under Republic Act No. 8972, otherwise known as
the "Solo Parents' Welfare Act of 2000".

RULE Ill
COVERAGE AND TYPES OF
BENEFITS

Section 1. Who are Covered.-The 105-Day Expanded Maternity Leave Law

(EMLL) shall cover the following:

1. Female workers in the Public Sector;

2. Female workers in the Private Sector;
3. Female workers in the Informal Economy;
4. Female members who are voluntary contributors to the Social Security
System (SSS); and
5. Female national athletes.

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Section 2. What Benefits are Granted. - The following benefits are granted
under the 105-Day Expanded Maternity Leave Law (EMLL) to the corresponding
sectors:

1. Paid leave benefit granted to a qualified female worker in the public sector,
for the duration of:

a. One Hundred Five (105) days for live childbirth, regardless of the mode of
delivery, and an additional fifteen (15) days paid leave if the female worker
qualifies as a solo parent under Republic Act No. 8972, or the "Solo
Parents'
Welfare Act of 2000"; or

b. Sixty (60) days paid leave for miscarriage and emergency termination of
pregnancy;

2. Paid leave benefit granted to a qualified female worker in the private

sector covered by the SSS, including those in the informal economy, for the
duration of:

a. One Hundred Five (105) days for live childbirth, regardless of the mode
of delivery, and an additional fifteen (15) days paid leave if the female
worker qualifies as a solo parent under Republic Act No. 8972, or the
"Solo Parents'
Welfare Act of 2000"; or

b. Sixty (60) days paid leave for miscarriage and emergency termination of
pregnancy;

Employed female workers shall receive full pay which consists of (i) SSS
maternity benefit computed based on their average daily salary credit and (ii)
salary differential to be paid by the employer, if any;

3. An option to extend for an additional thirty (30) days without pay in case of
live childbirth;

4. Paid maternity leave, allowances and benefits granted to female national

athletes; and

5. Health care services for pre-natal, delivery, postpartum and pregnancy-

related conditions granted to female workers, particularly those who are
neither voluntary nor regular members of the SSS, as governed by the
existing rules and regulations of the Philippine Health Insurance Corporation
(PhilHealth).
 RULE IV
GRANT OF MATERNITY LEAVE BENEFITS

Section 1. Grant of Maternity Leave. - All covered females regardless of civil status , employment status, and
the legitimacy of her child, shall be granted one hundred five
(105) days maternity leave with full pay, and an additional fifteen (15) days with full pay in case the female
worker qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents' Welfare Act of 2000".

In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay
shall be granted.

Section 2. Manner of Enjoyment of the Benefit. - Enjoyment of maternity leave cannot be deferred but should
be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, and
such that:

a. In cases of live childbirth, one hundred five (105) days maternity leave with full pay shall be granted; or

b. In cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave shall be
granted.

In all of the above instances, the maternity leave can be credited as combinations of prenatal and postnatal leave
as long as it does not exceed one hundred five (105) days or sixty (60) days, as the case may be. In no case shall
postnatal care be less than sixty (60) days.

Section 3. Extended Maternity Leave. - In cases of live childbirth, an additional maternity leave of thirty (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 forty-five (45) days before the end of the
female worker's maternity leave. However, no prior notice shall be necessary in the event of a medical emergency
but subsequent notice shall be given to the employer.

The above period of extended maternity leave without pay shall not be considered as gap in the service.

Section 4. Frequency of the Grant. - Maternity leave shall be granted to a qualified female worker in every
instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency .

Section 5. Grant of Maternity Leave Benefits After Termination of Employment.

- Maternity leave with full pay shall be granted even if the childbirth, miscarriage , or
emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the terminat ion of an
employee's service, as her right thereto has already accrued . Such period is not applicable when the employment
of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her
the full amount equivalent to her salary for one hundred five ( 105) days for childbirth and sixty (60) days for
miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily
cash maternity benefits that she should have received had her employment not been illegally terminated.

Section 6. Maternity Leave of a Female Worker with Pending Administrative

Case. - The maternity leave benefits granted under Republic Act No. 1121O
and this Rules shall be enjoyed by a female worker in the public sector and in
the private sector even if she has a pending administrative case.

Section 7. Non-Diminution of Benefits. - Nothing in this Rules shall be

construed as to diminish existing maternity benefits currently enjoyed whether or not
these are granted under collective bargaining agreements (CBA), or present laws,
if the same are more benefic ial to the female worker . Any other working
arrangement which the female worker shall agree to, during the additional
maternity leave period, shall be allowed: Provided, That this shall be consented to
in writing by the female worker and shall primarily uphold her maternal functions
and the requirements of postnatal care.

Section 8. Security of Tenure. - Those who avail of the benefits of Republic Act
No. 1121O or this Rules,whether in the public or private sector, shall be assured of
security of tenure. As such,the exercise of this option by them shall not be used as
basis for demotion in employment or termination. The transfer to a parallel position
or reassignment from one organizational unit to another in the same agency or
private enterprise shall be allowed: Provided, That it shall not involve a reduction
in rank, status , salary, or otherwise amount to constructive dismissal.

Section 9. Non-Discrimination. - No employer whether in the public or private

sector shall discriminate against the employment of women in order to avoid the
benefits provided for in this Rules.

RULE V
MATERNITY LEAVE FOR
FEMALE WORKERS IN THE PUBLIC SECTOR

Section 1. Eligibility. - Any pregnant female worker in the government

service, regardless of employment status and length of service, in National
Government

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Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -
Controlled Corporations (GOCCs), State Universities and Colleges (SUCs), or Local
Universities and Colleges (LUCs) shall be granted maternity leave of one hundred
five
(105) days with full pay regardless of the manner of delivery of the child, and
an additional fifteen (15) days paid leave if the female worker qualifies as a solo
parent under Republic Act No. 8972, or the "Solo Parents' Welfare Act of 2000".

She shall be entitled to maternity leave of sixty (60) days with full pay for
miscarriage or emergency termination of pregnancy.

Section 2. Notice of Pregnancy and Application for Maternity Leave. - The

female worker shall give prior notice to the head of agency of her pregnancy and her
availment of maternity leave at least thirty (30) days in advance , whenever
possible, specifying the effective date of the leave. The female worker shall use the
prescribed civil service form in the filing of the maternity leave application, supported
by a medical certificate.

Section 3. Maternity Leave in the Teaching Profession. - Female teachers in

the teaching profession may also avail of maternity leave even during long
vacations, i.e., summer and Christmas vacations, in which case, both the
maternity leave benefits and the proportional vacation pay (PVP) shall be
granted.

Section 4. Extended Maternity Leave. - In cases of live childbirth, the female

worker has the option to extend her maternity leave for an additional thirty (30) days
without pay, or use her earned sick leave credits for extended leave with pay. In
case the sick leave credits are exhausted, the vacation leave credits may be used.

Section 5. Manner of Payment of Maternity Leave Benefits. - The female

worker shall be entitled to full pay during maternity leave which shall be paid by the
agency. 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 by the female worker. Money, property and work-related accountabilities
as well as pending administrative case shall not deprive the female worker of
the availment of her maternity leave benefits.

Section 6. Consecutive pregnancies and multiple childbirths. - 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 a
consecutive manner. The female worker shall be paid only one maternity benefit,
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regardless of the number of offspring, per childbirth/delivery.

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Section 7. Dispute Resolution. - 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 Civil Service Commission
(CSC) Regional Office having jurisdi ction over the agency, and to 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.

RULE VI
MATERNITY LEAVE FOR
FEMALE WORKERS IN THE PRIVATE SECTOR

Section 1. Eligibility. - To qualify for the grant of maternity leave benefit, the
female worker must meet the following requirements:
a. She must have at least three (3) monthly contributions in the twelve-month
period immediately preceding the semester of childbirth, miscarriage, or
emergency termination of pregnancy.
In determining the female member's entitlement to the benefit, the SSS
shall consider only those contributions paid prior to the semester of
contingency; and
b. She shall have notified her employer of her pregnancy and the probable date
of her childbirth, which notice shall be transmitted to the SSS in
accordance with the rules and regulations it may provide.

Section 2. Notice Requirement. - The notification process for SSS-covered

female workers and/or members and employers shall be governed by the following
rules:

a. The female member, upon confirmation of pregnancy, shall immediately

inform her employer of such fact and the expected date of childbirth;

b. The employer shall, in turn, notify the SSS through the prescribed manner;

c. The above rules notwithstanding, failure of the pregnant female worker to

notify the employer shall not bar her from receiving the maternity benefits,
subject to guidelines to be prescribed by the SSS; and

d. Self-employed female members, including those in the informal economy ,

OFWs and voluntary SSS members may give notice directly to the SSS.
Section 3. Amount of Benefit. - Covered female workers availing of the
maternity leave benefits must receive their full pay. Full payment of the maternity
leave benefit shall be advanced by the employer within thirty (30) days from the
filing of the maternity leave application.
In the case of self-emp loyed female members, including those in the informal
economy, OFWs and voluntary SSS members, the SSS shall directly pay the
maternity benefit.

Section 4. Reimbursement. - The SSS shall immediately reimburse to the

employer the maternity benefits advanced to the employed female member,
only to the extent of one hundred percent (100%) of her average daily salary
credit for one hundred five
(105) days, one hundred twenty (120) days or sixty (60) days, as the case may be,
upon receipt of satisfactory and legal proof of such payment.

Section 5. Salary Differential, Exceptions. - Employers from the private sector

shall pay for the difference between the full salary and the actual cash benefits
received from the SSS.
Female workers employed by exempt establishments and enterprises, which satisfy
the requirements and criteria listed below, shall not be entitled to the salary
differential. The said female workers shall be entitled to receive only their SSS
maternity benefits.
Upon submission of proofs and other necessary documents, the following
establishments in the private sector may be exempted from paying the salary
differential herein prescribed, provided the criteria below are satisfied:
1. Those operating distressed establishments.

A. For corporation/cooperative:

When the actual net loss amounts to 25% of total assets or when the
corporation/cooperative registers capital deficiency, i.e. negative
stockholders' equity immediately preceding the application for exemption.

B. For sole proprietorship and partnership:

When the accumulated net losses for the last two (2) full accounting
periods immediately preceding application for exemption amounts to 20%
or more of the total invested capital at the beginning of the period under
review or when the sole proprietorship/partnership registers capital
deficiency, i.e. negative net worth as of the last full accounting period
immediately preceding application for exemption.

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 C. For Non-stock, non-profit organizations:

When the accumulated net losses for the last two (2) full accounting
periods immediately preceding application for exemption amounts to 20% or
more of the fund balance/members' contribution at the beginning of the
period or when an establishment registers capital deficiency, i.e. negative
fund balance/members; contribution as of the last full accounting period or
interim period, if any, immediately preceding application for exemption.

D. For banks and quasi-banks

When there is a certification from the Bangko Sentral ng Pilipinas that it is

under receivership or liquidation as provided in Section 30 of RA 7653,
otherwise known as the New Central Bank Act.

2. Those retail/service establishments and other enterprises employing not

more than ten (10) workers:

When it is engaged in the retail sale of goods and/or services to end users
for personal or household use and it is regularly employing not more than
ten (1O) workers regardless of status, except the owner/s, for at least six
(6) months in any calendar year.

3. Those considered as micro-business enterprises and engaged in the

production, processing , or manufacturing of products or commodities
including agro-processing, trading, and services, whose total assets are not
more than Three Million Pesos (P3,000,000.00) in accordance with the
Barangay Micro Business Enterprises (BMBE's) Act of 2002; and
4. Those who are already providing similar or more than the benefits herein
provided under an existing Collective Bargaining Agreement (CBA), company
practice or policy.

That said exemptions shall be subject to an annual submission of justification by

the employer claiming exemption for the approval of the Department of Labor and
Employment (DOLE) .

Section 6. Bar to Recovery of Sickness Benefits. - The payment of daily SSS

maternity benefits shall be a bar to recovery of sickness benefits provided under
Republic Act No. 11199, for the same period for which daily maternity benefits
have
been received.

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Section 7. Consecutive Pregnancies and Multiple Childbirths. - The payment
of the SSS maternity benefits in cases of consecutive pregnancies resulting
in overlapping maternity leaves and in cases of multiple childbirths shall be
governed by the following rules:
a. In case of the overlapping of two (2) maternity benefit claims, the female
member shall be granted maternity benefits for the two contingencies in a
consecutive manner. However, the amount of benefit corresponding to the
period where there is an overlap shall be deducted from the current maternity
benefit claim; and

b. The female member shall be paid only one maternity benefit, regardless of
the number of offspring, per childbirth/delivery .

Section 8. Liability of the Employer. - The employer shall pay to the SSS
damages equivalent to the benefits which said female member would otherwise
have been entitled to in any of the following instances:
a. Failure of employer to remit to the SSS the required contributions for the
female worker; or

b. Failure of the employer to transmit to SSS the female worker's notification on

the fact of pregnancy and probable date of childbirth.

Section 9. Dispute Resolution. - Any dispute, controversy, or claim as regards

the grant of SSS maternity leave benef it under this Rules shall be filed before the
Social Security Commission (SSC). The filing, determination, and settlement of
disputes shall be governed by the Rules and Regulations of the SSC, which provide
that all petitions shall be filed with the Office of the Executive Clerk of the
Commission or his/her Deputy, or at any Regional Commission Legal Department.
Any dispute , controversy, or claim arising out of or relating to the payment of salary
differential shall be filed before the DOLE Field/Provincial/Regional Office having
jurisdiction over the workplace and shall be subject to existing enforcement
mechanisms of the DOLE.

RULE VII
MATERNITY LEAVE
BENEFITS
FOR WOMEN IN THE INFORMAL ECONOMY

Section 1. Maternity Leave Benefits for Women in the Informal Economy and
Voluntary Contributors to the SSS. - Maternity benefits shall cover all married
and unmarried wo ncluding female work: in the informal ecot
Female workers in the informal economy are entitled to maternity leave benefits if
they have remitted to the SSS at least three (3) monthly contributions in the twelve
(12} month period immediately preceding the semester of her childbirth,
miscarriage, or emergency termination of pregnancy.

RULE VIII
ALLOCATION OF MATERNITY LEAVE
CREDITS

Section 1. A/location to the Child's Father or Alternate Caregiver. - A female

worker entitled to maternity leave benefits may, at her option, allocate up to seven
(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 child's father under this
law is over and above that which is provided under Republic Act No. 8187, or the
"Paternity Leave Act of 1996".
In case of death, absence, or incapacity of the child's father , the female worker
may allocate to an alternate caregiver who may be any of 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 maternity leave credits shall not be applicable in case the
female worker suffers miscarriage or emergency termination of pregnancy.

Section 2. Allocation for the SSS-Covered Female Workers. - In case the

female worker avails of the option to allocate, the SSS shall pay her the
amount of the maternity benefit corresponding to the period not allocated.

As applicable, the father or, in his death, absence, or incapacity, the alternate
caregiver shall be granted by his employer a leave with pay equivalent to a period
from one (1) to seven (7) days, which may be enjoyed either in a continuous or
in an intermittent manner not later than the period of the maternity leave availed of .
The female worker shall notify her employer of her option to allocate with her
application for maternity leave. The father or alternate caregiver, as the case may
be, shall notify the employer concerned of his or her availment of the allocated leave
and the inclusive dates therefor.

This written notice to the employers shall be required even if the child's father or
the alternate caregiver is employed in the public sector .

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Section 3. Allocation of Maternity Leave Credits for Female Workers in
the Public Sector. - 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
author ized representative, with her application for maternity leave.

The allocated maternity leave may be enjoyed by the child's father or the alternate
caregiver either in a continuous or in an intermittent manner not later than the period
of the maternity leave availed of.
In case full pay has been given to the female worker , the child's 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.

Section 4. Death or Permanent Incapacity of the Female Worker. - In the

event the beneficiary female worker dies or becomes permanently
incapacitated, the balance of her maternity leave benefits, if any, shall accrue to
the child's father or to a qualified alternate caregiver as provided in the
preceding sections subject to the following conditions:
a. That the maternity leave benefits have not yet been commuted to cash, if
applicable; and

b. That a certified true copy of the death certificate or medical certificate or

abstract is provided to the employers of both the female worker and the
child's father or alternate caregiver .
In case the maternity leave benefits of the deceased or permanently
incapacitated female worker have already been paid to the latter in full,the child's
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
child's father or alternate caregiver , in both the public and private sector.

RULE IX
MATERNITY LEAVE FOR FEMALE NATIONAL ATHLETES

Section 1. Maternity Leave for Female National Athletes. - In the event that
a national athlete who is in the roster of national athletes of the National
Sports Association (NSA) to which she is affiliated becomes pregnant, she will be
referred to a physician of the Philippine Sports Commission (PSC) or an
obstetrician-gynecologist to determine her fitness to continue training. She will be
allowed to participate in all team-related activities, unless the physician advises
that participation is not medically safe or should be limited. Upon medical advice,
she shall go on maternity leave until cleared to return to training. She shall
continue receiving her allowance and be entitled
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to the same benefits while on maternity leave prior to childbirth and up to six (6)
months after, unless she can resume sooner as advised by her physician, in which
case, she will continue to receive the same allowances and benefits she received
prior to and during the pregnancy: Provided, That a female national athlete employed
in the public sector shall not receive double compensation or benefits.

RULE X
PENALTIES

Section 1. Penalties. -Whoever fails or refuses to comply with the provisions of R.A.
No. 11210 shall be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) nor more than Two hundred thousand pesos (P200,000.00), and
imprisonment of not less than six (6) years and one (1) day nor more than twelve ( 12)
years or both. If the act or omission penalized by R.A. No. 11210 shall be
committed by an association, partnership, corporation, or any other institution, its
managing head, directors, or partners shall be liable to the penalties herein provided.
Failure on the part of any association, partnership, corporation, or private
enterprise to comply with the provisions of R.A. No. 11210 shall be a ground for
non-renewal of business permits.

RULE XI
FINAL PROVISIONS

Section 1. Periodic Review. -The CSC, the DOLE, the SSS, and the Gender Ombud
of the Commission on Human Rights (CHR), in consultation with trade unions, labor
organizations, and employers' representatives shall, within one (1) month after the
publication of this Rules, conduct a review of the maternity leave benefits of female
workers in the public and private sector, respectively. Thereafter, they shall include
maternity leave benefits in their validation report conducted every four (4) years for the
SSS and the DOLE and every three (3) years for the CSC, or more frequently as may
be necessary, with the end in view of meeting the needs of pregnant women and
newly-born infants, and improving their welfare.

Section 2. Separability Clause. - If any provision of this Rules is declared

unconstitutional or otherwise invalid, the validity of the other provisions shall not
be affected thereby.

Section 3. Repealing Clause. - All orders, rules and regulations, and

other issuances, or parts thereof inconsistent with this Rules are hereby
repealed or modified accordingly.
Section 4. Effectivity . - This Rules shall be effective fifteen (15) days after date
of its publication in at least two (2) newspapers of general circulation.

ALIC
Chairperson, CSC Secretary, DOLE

. ,,
RORA C. IGNA-
President and CEO, SSS

San Fernando, Pampanga, Philippines, 01 May 2019.

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