How many days of maternity leave am I entitled to?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Under RA 11210 (105-Day Expanded Maternity Leave Law), a qualified female worker gets 105 days of maternity leave with full pay for a live childbirth, whether the delivery is normal or by caesarean. A solo mother (qualified under the Solo Parents' law) gets an additional 15 days, for 120 days. For a miscarriage or emergency termination of pregnancy, the leave is 60 days with full pay. You may also extend by 30 more days without pay, and you may allocate up to 7 days of your leave to the child's father (or an alternate caregiver). The right applies regardless of your civil status or the legitimacy of the child.
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Frequently asked
Is the maternity leave counted per pregnancy or per year?
It is per instance of childbirth, miscarriage, or emergency termination — not an annual cap. RA 11210 removed the old "first four deliveries" limit that applied under the previous SSS maternity rules.
Who pays for the leave?
For private-sector employees, the SSS pays a maternity benefit and the employer pays salary differential so you receive full pay; specific funding and documentary steps are handled through the SSS. This answer covers the leave right; the SSS benefit computation is a separate topic.
Can I be dismissed for taking maternity leave?
No. Terminating or discriminating against a worker because she availed of maternity leave is prohibited under RA 11210 and general labor-standards protection. Such a dismissal can be challenged as illegal dismissal.
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Boses ng kumakayod — your everyday rights as a Filipino worker on pay and dismissal: when your final/back pay must be released (DOLE Labor Advisory 06-20 — within 30 days of separation), 13th-month pay (PD 851 — 1/12 of your basic salary, on or before December 24), legal vs illegal salary deductions, unpaid wages and overtime, the twin-notice due-process rule before you can be dismissed, just causes vs authorized causes, separation pay, your Certificate of Employment (within 3 days of request), resignation notice, the regional minimum wage set by your RTWPB, and how to file with DOLE (SEnA conciliation first) or the NLRC.