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Question 105-Day Expanded Maternity Leave - Implementation without IRR

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Aleksandr
Topic Author

4 years 11 months ago #3079 by Aleksandr

Aleksandr created the topic: 105-Day Expanded Maternity Leave - Implementation without IRR

Good day!

My friend fled a Maternity Leave on February 24, 2019, days after the President signed the 105-Days Expanded Maternity Leave Law on February 20, 2019. Now, the question, should the office approve her maternity leave of 105 prior to the release of the IRR which is scheduled on May 2019?

Another factor which I want to clarify, is the Effectivity Clause (Sec. 22) of the Law makes it only in effect after 15 days of its publication? Therefore, even if the President signed the law on February 20, up until +15 days, the law still not in effect?

I hope that I will be enlightened. Thank you so much!

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christinec
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4 years 11 months ago #3189 by christinec

christinec replied the topic: 105-Day Expanded Maternity Leave - Implementation without IRR

I also want clarification in regards to this matter sir...I gave birth March 11 and so I thought I will avail the 105 maternity leave..but according to our HR in dep ed, I am not entitled to avail the 105 days leave. those who will gave birth on MAy 16 onwards .sila lang daw ang pwedi mka avail ?

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Action Officer 8
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4 years 9 months ago #3381 by Action Officer 8

Action Officer 8 replied the topic: 105-Day Expanded Maternity Leave - Implementation without IRR

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nevertheless, please note that R.A. No 11210 (105-Day Expanded Maternity Leave Law) took effect on March 8, 2019 or fifteen (15) days from its publication in the Official Gazette on February 20, 2019 or fifteen (15) days from its publication in the Official Gazette.on February 21, 2019. The law applies prospectively to all female employees upon notice to their employers.

I hope that you have enlightened on the matter.

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