X and Y have five children. In order to keep the embers of love burning, they took an annual trip together as a couple. A month later, X got pregnant with their sixth child. She applied for maternity leave with her employer, ABC Corp., which had previously granted her five rounds of maternity leaves for her first five children. This time, ABC Corp. refused to grant her a sixth round of maternity leave for her sixth pregnancy, claiming that she had already exhausted the maximum availment of maternity leaves under the law. Decide with reason(s).
Suggested answer only. Not an official answer and not legal advice.
ABC Corp.'s refusal is unjustified, and X is entitled to maternity leave for her sixth pregnancy. Under Republic Act No. 11210 (105-Day Expanded Maternity Leave Law), maternity leave is granted to covered female workers in every instance
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Quick check
Under Republic Act No. 11210, how many instances of pregnancy or miscarriage are covered for maternity leave benefits?
Republic Act No. 11210 removed the previous four-delivery limit, granting paid maternity leave for every instance of pregnancy regardless of frequency.
What is the standard paid maternity leave duration granted for live childbirth under the 105-Day Expanded Maternity Leave Law?
R.A. 11210 provides a standard paid maternity leave of 105 days for live childbirth to covered female employees.
Why was ABC Corp.'s refusal to grant employee X maternity leave for her sixth pregnancy legally unjustified?
ABC Corp.'s refusal was unjustified because R.A. 11210 eliminated the four-delivery cap and covers every instance of pregnancy.
What contribution requirement must a private sector female employee satisfy to receive SSS maternity leave benefits under R.A. 11210?
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How soon must an employer advance the full maternity benefit payment to a qualified female employee under R.A. 11210?
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Learn more about these topics
1. Expanded Maternity Leave
Under Republic Act No. 11210, otherwise known as the 105-Day Expanded Maternity Leave Law, covered female workers in both the public and private sectors are entitled to paid maternity leave for every instance of pregnancy, miscarriage, or emergency termination of pregnancy. The law significantly enhanced maternity benefits by extending the paid leave duration to 105 days for live childbirth, with an option to extend for an additional thirty days without pay, plus an additional fifteen days of paid leave for qualified female sole parents.
2. Unrestricted Leave Availment
Prior to the enactment of Republic Act No. 11210, maternity leave benefits under the Social Security Law and the Labor Code were strictly limited to the first four deliveries or miscarriages. R.A. 11210 explicitly repealed this numerical cap, guaranteeing paid maternity leave in every instance of pregnancy regardless of frequency. Consequently, an employer cannot deny a female employee's application for maternity leave or refuse benefit computation on the ground that the worker has already exhausted a statutory maximum number of pregnancies.
3. Maternity Benefit Coverage
To qualify for maternity leave benefits under Republic Act No. 11210, a female worker in the private sector must have paid at least three monthly Social Security System contributions in the twelve-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy. Full payment of the maternity benefit must be advanced by the employer to the female employee within thirty days from the filing of the maternity leave application, subject to subsequent full reimbursement by the SSS.