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Question Maternity Leave

  • Steffi Bulacso
  • Steffi Bulacso's Avatar Topic Author
3 years 1 month ago #8238 by Steffi Bulacso
Steffi Bulacso created the topic: Maternity Leave
Can the agency allow an employee who refuse to avail her 60 days ML due to miscarriage? She presented her medical clearance/fit to work that she is fully recovered and she'd like to avail Sick Leave instead. Is it enough that she waive this privilege in writing? Please advise us. Thank you

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3 years 1 month ago #8248 by Action Officer
Action Officer replied the topic: Maternity Leave
Please be informed that as a matter of policy, the Commission refrains from rendering an opinion on matters that may be brought before it in the future by way of a complaint or an appeal.

Your attention is however invited to Section 4 of Republic Act No. 11210 or the “105-Day Expanded Maternity Leave Law” stating among others that the enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner. The said law also provides that maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.

It is hoped that we have been assistance to your concern.

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