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Question Expanded Maternity Leave

  • Yvette Joy Dumalhin
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4 years 11 months ago #3245 by Yvette Joy Dumalhin
Yvette Joy Dumalhin created the topic: Expanded Maternity Leave
Greetings!
My maternity leave started April 10, 2019 and I gave birth via ceasarean section April 15. However, when I filed my leave, I was told (by the HR) that since the IRR for RA 11210 was not yet out, I could only avail of the 60-day maternity leave (for gov't employees).
When the IRR of the said act was approved last May 1, media outlets (e-news, and broadcast tv) stated that mothers who gave birth since March 11 are already covered by the act (as stated by Sen. Risa Hontiveros and the SSS DIrector).
May I then ask, what should be our course of action so that I could avail of the 105-day maternity leave?
Thank you and more power!

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4 years 10 months ago #3373 by Action Officer 5
Action Officer 5 replied the topic: Expanded Maternity Leave
Dear Ms. Dumalhin:

You may file a supplemental maternity leave to cover the remaining period of the full 105 day expanded maternity leave under R.A. No. 11210.

Further, the maternity leave under R.A. No 11210 shall be availed of in a continuous and uninterrupted manner. Hence, the previous rule giving female workers an option to return to work earlier than the prescribed period has been superseded.

We hope that we have assisted you on this matter.

Action Officer 31

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4 years 10 months ago #3374 by Action Officer 5
Action Officer 5 replied the topic: Expanded Maternity Leave
Dear Ms. Dumalhin:

You may file a supplemental maternity leave to cover the remaining period of the full 105 day expanded maternity leave under R.A. No. 11210.

Further, the maternity leave under R.A. No 11210 shall be availed of in a continuous and uninterrupted manner. Hence, the previous rule giving female workers an option to return to work earlier than the prescribed period has been superseded.

We hope that we have assisted you on this matter.

Action Officer 31

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4 years 10 months ago #3375 by Action Officer 5
Action Officer 5 replied the topic: Expanded Maternity Leave
Dear Ms. Dumalhin:

You may file a supplemental maternity leave to cover the remaining period of the full 105 day expanded maternity leave under R.A. No. 11210.

Further, the maternity leave under R.A. No 11210 shall be availed of in a continuous and uninterrupted manner. Hence, the previous rule giving female workers an option to return to work earlier than the prescribed period has been superseded.

We hope that we have assisted you on this matter.

Action Officer 31

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4 years 4 months ago #3425 by mcsv
mcsv replied the topic: Expanded Maternity Leave
But how can this be reconciled with SEction 14 of the law which provides: Section 14. Non-Diminution of Benefits. - Nothing in this Act shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided, That this shall be consented to in writing by the female worker and shall primarily uphold her maternal functions and the requirements of postnatal care.

The Expanded Maternity Leave law made no express repeal of the Omnibus Rules on Leaves and while the expanded maternity leave is to be availed of in a continuous manner, it did not specifically state that commutation of the unexpired portion of the expanded maternity leave benefits in the event of requirement to return to work in exigency of service situations is prohibited

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3 years 1 week ago #8068 by Christian Lyndon
Christian Lyndon replied the topic: Expanded Maternity Leave
Hello Action Officer 5, Just want to ask the impact of 105 days of Expanded Maternity Leave on the Step Increment due to length of service, are going to adjust in reference on CSC DBM Joint Circular No. 1, s. 2012 (part 6.3 The grant of step increment to an official or employee on leave of absence with or without pay for more than 3 months shall be deferred corresponding to...) since the 105 days paid leave is more than 3 months would this be possible that we adjust the Step Increment of the official or employee?
Hoping for your feedback about this inquiry.
Thank you.

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