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Maternity Leave

MATERNITY LEAVE

(RA 1161, as amended by RA 8282)

A. Coverage

This benefit applies to all female employees, whether married or unmarried.

B. Entitlement

Every pregnant employee in the private sector, whether married or unmarried, is entitled to maternity leave benefit of sixty (60) days in case of normal delivery or miscarriage, or seventy-eight (78) days, in case of Caesarian section delivery, with benefits equivalent to one hundred percent (100%) of the average daily salary credit of the employee as defined under the law.

To be entitled to the maternity leave benefit, a female employee should be an SSS member employed at the time of her delivery or miscarriage; she must have given the required notification to the SSS through her employer; and her employer must have paid at least three monthly contributions to the SSS within the twelve-month period immediately before the date of the contingency (i.e., childbirth or miscarriage).

The maternity leave benefit, like other benefits granted by the Social Security System (SSS), is granted to employees in lieu of wages. Thus, this may not be included in computing the employee’s thirteenth-month pay for the calendar year.