Every pregnant woman in the private sector, whether married or unmarried is entitled to maternity leave of sixty (60) days in case of normal delivery, abortion 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 Social Security Law.
To be entitled to the maternity benefits, she should be an SSS member employed at the time of delivery, miscarriage or abortion; she must have given the required notification to the SSS thru her employer; and her employer must have paid at least three months of maternity contributions within the twelve-month period immediately before the date of contingency. (Social Security Law)
Maternity Benefits, like other benefits granted by the SSS, are granted to employees in lieu of wages and, therefore, may not be included in computing the employee's 13th month pay for the calendar year.
Paternity Leave
Paternity leave is granted to all married male employees in the private sector, regardless of employment status, (e.g. probationary, regular, contractual, project-based) the purpose of which is to allow the husband to lend support to his wife during her period of recovery and/or in the nursing of her newborn child.
The leave shall be for seven (7) days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage.
Availment of the paternity leave may be after the delivery, without prejudice to an employer's policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) days for each covered delivery.
