Maternity Leave, Paternity Leave, and Parental Benefits in the Philippines
Raising children is hard work, and parents need all the assistance they need during significant events like childbirth and child-rearing. This is the purpose of maternity, paternity, and parental leaves. These benefits are specifically designed to provide parents who are also employees with financial support and job security in the midst of these life-changing—and often challenging—times. Understanding what these types of leaves bring to the table and how to use them can give employees peace of mind, making it possible for them to truly focus on their families during these special moments.
Knowing their eligibility for parental benefits can also help employees if they find themselves between a rock and a hard place. In case their employers prevent them from using their leaves, for example, parents who are well aware of their rights as employees can determine early on if they should get the services of a law firm in the Philippines to help resolve such disputes. The ability to make a quick decision in such a situation can help them resolve the issue as soon as possible and focus on the needs of their loved ones.
Maternity Leave in the Philippines
Female employees in the Philippines are entitled to 105 calendar days of fully paid maternity leave for live childbirth. This benefit applies to both natural birth and caesarian section within both the private and public sector for employees. It can be used regardless of the employee’s civil status, the legitimacy of the child, and the frequency of pregnancy. To qualify for it, employees should have made at least three-monthly contributions to the Social Security System (SSS) in the 12 months before the semester of childbirth.
Maternity leave also covers cases of miscarriage, stillbirth, or emergency termination of pregnancy, but the duration is limited to 60 days of paid leave in these cases.
Benefits and Payment
The SSS is responsible for covering maternity leave benefits. The employee’s daily maternity leave pay is calculated based on the employee’s average daily salary credit. The maximum monthly salary credit is PHP20,000, which means the highest daily benefit an employee can receive is PHP 1,000.
Extended Leave Option
Employees have the option to extend their maternity leave for an additional 30 days without pay. Those who qualify as solo parents, on the other hand, can have 15 more days of paid maternity leave.
Employer’s Role
Employers are required to process maternity leave applications promptly and ensure that employees receive their benefits without delay. They must also file for reimbursement from the SSS and adjust payroll records accordingly. Employers are not allowed to terminate or demote employees for taking maternity leave.
Paternity Leave in the Philippines
Male employees who are legally married and cohabiting with their spouses are entitled to seven days of paid paternity leave. This applies to the first four deliveries of the legitimate spouse, including cases of miscarriage.
Additional Leave Option
Under the Expanded Maternity Leave Law, the mother can transfer up to seven days of her paid maternity leave to the father. The transferred leaves will be shouldered by SSS. If the full seven days are transferred, the father’s total paternity leave increases to 14 days. This provides additional support for the father to care for the child and assist the mother during recovery.
Employer’s Role
Employers must ensure that eligible male employees receive paternity leave benefits without deductions from other leave credits. They are also expected to maintain the employee’s position and compensation after the leave period.
Parental Leave for Solo Parents
Solo parents who have worked for at least one year are entitled to seven days of paid parental leave each year under the Solo Parents’ Welfare Act. A solo parent is defined as an individual who is raising a child alone due to circumstances such as legal separation, abandonment, or death of the spouse.
How to Apply
To apply for solo parent leave, the employee must present a valid Solo Parent ID issued by the Department of Social Welfare and Development (DSWD) to the employer. The employee must also provide advance notice of the leave.
Employer’s Role
Employers are required to grant solo parent leave upon request, provided the employee meets the eligibility criteria. The leave is separate from other statutory leave benefits, such as maternity or paternity leave. Employers must not discriminate against solo parents for availing of this benefit.
How Can Employers and Employees Simplify the Application Process for Parental Leaves and Benefits?
Companies should have a clear policy and communicate this with the staff. They should also have knowledgeable HR personnel who can guide the employees throughout the application process. Meanwhile, employees who want to use parental leave should prepare all the necessary documents. Also secure the required medical documents and certificates.
It’s best to stay informed of the company’s policies and the requirements that SSS needs to process this benefit. This way, employees can avoid delays and errors that can cause additional stress. Should disputes occur, both parties can consult legal experts to clarify their rights and responsibilities and ensure that they are in compliance with the law.
Simplifying the leave application process requires both employees and employers to work together. By understanding these benefits and balancing work and personal responsibilities, employees can protect their rights and employers can create a supportive work environment where everyone can flourish, even in the face of key life events.
