Book III — Conditions of Employment
Article 133Maternity leave benefits.
ELI5— what this means for you
Under the original Labor Code, pregnant employees with at least 6 months of service were entitled to 2 weeks pre-delivery and 4 weeks post-delivery maternity leave with full pay — for the first 4 deliveries. This provision has been expanded significantly by RA 11210 (105-Day Expanded Maternity Leave Law).
Key point
Maternity leave today is governed by RA 11210 (105 days) — far more generous than this original article.
Official text — PD 442
Maternity leave benefits.
Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks.
The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged.
The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code.
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.