105-Day Expanded Maternity Leave Law

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 2'5 M!. 14 P2:39 SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT GRANTING POST-MATERNITY FLEXIBLE WORK ARRANGEMENT AND EXPANDING CARERS' LEAVE, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 11210 OTHERWISE KNOWN AS THE "THE 105-DAY EXPANDED MATERNITY LEAVE LAW," APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Constitution mandates the State to afford full protection to labor (Art. XIII, Sec. 3), promote the welfare of working women, taking into account their maternal functions (Art. XIII, Sec. 14), and strengthen the solidarity of the family (Art. II, Sec. 12). These principles require that laws continuously evolve to meet the needs of working mothers and families. A 2024 survey revealed that 6 in 10 working mothers in Southeast Asia struggle to balance work and family commitments. Notably, 68% believe remote and flexible work arrangements would improve their chances of achieving work-life balance and career growth, while 65% shoulder significant household responsibilities. These findings highlight the urgent need for institutional support for post-maternity reintegration and shared caregiving. * This bill seeks to amend Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law, by increasing the number of maternity leave credits that may Milieu Insight. 6 in 10 Working Mothers in Southeast Asia Struggle to Find Time for Both Work and Family Commitments. Published on 8 May 2024. Available at https://www.mili.eu/ph/insights/new-survey-findings- from-milieu-insight-reveal-that-6-in-10-working-mothers-in-southeast-asia-struggle-to-find-time-for-both- work-and-family-commitments (Accessed on 3 July 2025).

be allocated to the child's father or an alternate caregiver from seven (7) days to 10 days. This allocation shall be separate from the paternity leave provided under Republic Act No. 8187, or the Paternity Leave Act, and may be taken flexibly within ninety (90) days of childbirth or miscarriage. The bill also introduces a Post-Maternity Flexible Work Arrangement, giving female workers the option to return to work under alternative arrangements for up to sixty (60) calendar days. This supports a smooth transition back to work without sacrificing health, family duties, or job security. In promoting shared caregiving and family-friendly workplaces, this measure fulfills constitutional mandates while promoting fair labor practice, gender equality, workplace inclusivity, and the well-being of Filipino families. For these reasons, the passage of this measure is earnestly sought,, JOEL VILLANUEVA A

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) JUL 14 P2:39 SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT GRANTING POST-MATERNITY FLEXIBLE WORK ARRANGEMENT AND EXPANDING CARERS' LEAVE, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 11210 OTHERWISE KNOWN AS THE "THE 105-DAY EXPANDED MATERNITY LEAVE LAW," APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 6 of Republic Act No. 11210, or the "105-Day Expanded

Maternity Leave Law," is hereby amended as follows: "Section 6. - Maternity Leave Benefits. - Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to [seven (7)] TEN (10) days of said benefits to the child's father, whether or not the same is married to the female worker, I: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated] OR to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, [further], That written notice thereof is provided to the employers of the

female worker and alternate caregiver: Provided, further[more], That this benefit is over and above that which is provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996" AND SHALL NOT BE CHARGEABLE AGAINST ANY OTHER LEAVE BENEFITS OF EITHER THE FEMALE WORKER OR THE RECIPIENT: Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above. THE TEN (10) DAYS OF ALLOCATED LEAVE MAY BE TAKEN CONSECUTIVELY OR INTERMITTENTLY WITHIN NINETY (90) DAYS FROM CHILDBIRTH OR MISCARRIAGE, SUBJECT TO THE MUTUAL AGREEMENT OF THE PARTIES AND THE EMPLOYER. EMPLOYERS SHALL RESPECT SUCH ALLOCATION AND MAY REQUIRE REASONABLE NOTICE AND DOCUMENTATION, BUT SHALL NOT DENY OR PENALIZE ITS USE WITHOUT JUSTIFIABLE CAUSE."

SEC. 2. A new section is hereby inserted after Section 6, to read as follows:

"SECTION 6-A. POST-MATERNITY FLEXIBLE WORK ARRANGEMENT. - UPON EXPIRATION OF MATERNITY LEAVE, A FEMALE WORKER SHALL HAVE THE OPTION TO RETURN TO WORK ON A FLEXIBLE WORK ARRANGEMENT FOR A PERIOD NOT EXCEEDING SIXTY (60) CALENDAR DAYS. THIS FLEXIBLE WORK ARRANGEMENT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, REMOTE WORK, REDUCED WORK FLEXIBLE OR COMPRESSED HOURS, SCHEDULING, WORKWEEKS: PROVIDED, THAT THESE ARRANGEMENTS SHALL NOT RESULT IN THE DIMINUTION OF EXISTING BENEFITS."

SEC. 14. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 15. Repealing Clause. - Any law, presidential decree or issuance,

2 executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its

5 complete publication in the Official Gazette or in a newspaper of general Circulation. Approved,