How to get your 105-day maternity leave with pay in the Philippines

105 days with full pay for a live birth, 120 for solo parents, 60 for a miscarriage: who qualifies, what SSS and your employer pay, and how to file.

9 min read. Updated . By Catalyst Outsourcing.

Republic Act No. 11210, the 105-Day Expanded Maternity Leave Law, gives you 105 days of maternity leave with full pay when you give birth. It's 120 days if you qualify as a solo parent, and 60 days for a miscarriage or emergency termination of pregnancy. SSS pays a daily cash allowance, and your employer pays the rest of your salary. Here's who qualifies, who pays what and how to file, from the law, its rules, SSS and DOLE, read on 7 October 2026.

This guide explains the law for employees in the Philippines. It's general information and isn't legal advice. If you have a dispute with your employer, you can call DOLE Hotline 1349.

How many days of maternity leave you get

Section 3 of the law grants "one hundred five (105) days maternity leave with full pay" to covered women workers in government and the private sector, "regardless of civil status or the legitimacy of her child". It applies "in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency". DOLE's handbook says the law took effect on 11 March 2019.

You can split the 105 days between before and after the birth. Section 9 says your leave after the birth can't be less than 60 days. The law also says the leave "cannot be deferred", so you take it in one continuous stretch.

How to qualify for the SSS maternity benefit

SSS's maternity page sets two conditions:

SSS defines a semester as "two (2) consecutive quarters ending in the quarter of childbirth, miscarriage, or ETP". It says it "shall only consider those contributions paid prior to the semester of contingency". So contributions paid during that semester don't count toward qualifying.

If you forgot to tell your employer, the rules say that failing to notify "shall not bar her from receiving the maternity benefits", subject to SSS's guidelines.

Who pays your maternity leave: SSS and your employer

If you're employed, the money comes from two places:

The rules define full pay as your actual pay for normal working days and hours, not lower than the regional minimum wage, and it includes allowances under your company policy or union agreement.

The law exempts some employers from the salary differential: distressed establishments, retail and service businesses with no more than 10 workers, micro-businesses under the asset limit the law sets, and employers already giving the same or more. SSS's page says the exemption application goes to DOLE every first quarter of the year.

Self-employed members, including women in the informal economy, voluntary members and OFWs get the SSS maternity benefit only, paid by SSS. SSS's page puts it this way: they "shall receive the SSS maternity benefit only". So if you freelance and pay SSS yourself, that allowance is what you claim, with no salary differential.

How SSS computes your maternity benefit

SSS's page gives these steps:

  1. Leave out the semester of your childbirth, miscarriage or emergency termination of pregnancy.
  2. Count 12 months back from the month before that semester.
  3. Add up the six highest monthly salary credits in those 12 months.
  4. Divide the total by 180. That's your average daily salary credit, which is your daily maternity allowance.
  5. Multiply it by 105 days, 120 if you're a solo parent, or 60 for a miscarriage or emergency termination of pregnancy.

Your monthly salary credit depends on your pay. You can look yours up in our SSS contribution table.

Example: your six highest monthly salary credits are PHP 15,000 each, so 6 x PHP 15,000 = PHP 90,000. Then PHP 90,000 / 180 = PHP 500 a day. For a live birth, PHP 500 x 105 = PHP 52,500. As a solo parent, PHP 500 x 120 = PHP 60,000. SSS's page says it computes on salary credits up to PHP 20,000 a month, so that's the most one month can count for in this example.

Giving up to 7 days to the baby's father

Section 6 lets you give up to seven days of your leave to the child's father, "whether or not the same is married to the female worker". If the father has died, is absent or can't, you can give them to an alternate caregiver: a relative within the fourth degree of consanguinity, or your current partner who lives with you. The rules add "regardless of sexual orientation or gender identity".

The law says these days are "over and above" the seven-day paternity leave married fathers already get. Our paternity leave guide covers that.

The extra 15 days for solo parents

Section 3 adds 15 days with full pay if you qualify as a solo parent, 120 in all. To claim them from SSS, its page asks for a valid Solo Parent ID, or a certification of your eligibility from your local government if the ID isn't ready yet. Our solo parent leave guide covers who qualifies and how to get the ID.

How to file your maternity leave, step by step

  1. When your pregnancy is confirmed, tell your employer and give them SSS's Maternity Notification Form with proof, like a signed pregnancy test result or an ultrasound.
  2. Your employer notifies SSS through its My.SSS account. If you're self-employed, a voluntary member or an OFW, you notify SSS yourself on My.SSS, the SSS Mobile App or a self-service terminal.
  3. Take your leave: up to 105 days, with at least 60 after the birth.
  4. After the birth, the maternity benefit application is filed online on My.SSS, with your child's birth certificate. SSS says filing has been online since 1 September 2021.
  5. Enroll a bank or e-wallet account in My.SSS's Disbursement Account Enrollment Module, so SSS can pay you or your employer.

SSS's page gives you 10 years from the birth, miscarriage or emergency termination of pregnancy to file.

If your employer refuses your leave or lets you go

Section 15 promises security of tenure: taking maternity leave "shall not be used as basis for demotion in employment or termination". Section 16 bars employers from discriminating against women to avoid giving it.

If your job ends shortly before the birth, Section 8 still gives you maternity leave with full pay when the birth, miscarriage or emergency termination of pregnancy happens "not more than fifteen (15) calendar days after the termination of an employee's service".

Ask for your leave in writing and keep a copy. If your employer still refuses, DOLE's handbook says to call the DOLE Hotline or the DOLE regional office for your workplace.

Next

Planning for a new baby? Read how paternity leave works for your partner, and check your contributions in our SSS, PhilHealth and Pag-IBIG guide. When you're ready to work again, browse remote jobs. It's free to apply.

Questions

How many days is maternity leave in the Philippines?

105 days with full pay for a live birth, 120 for a qualified solo parent, and 60 for a miscarriage or emergency termination of pregnancy. Section 5(b) lets you add 30 days without pay.

Who pays maternity leave in the Philippines?

SSS pays a daily allowance equal to your average daily salary credit. If you're employed, your employer advances it within 30 days and pays the salary differential up to your full pay, unless the law exempts it.

How many SSS contributions do I need for maternity leave?

At least three monthly contributions in the 12 months before the semester of your childbirth, miscarriage or emergency termination of pregnancy.

Can I get maternity leave if I'm not married?

Yes. Section 3 grants it "regardless of civil status or the legitimacy of her child".

Can I give some of my maternity leave to the father?

Section 6 allows up to seven days, married or not. SSS's page says they come out of your 105 days and can't be given after a miscarriage or emergency termination of pregnancy.

Sources

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