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A Notice for Additional Maternity Leave is a letter given by an employee on maternity leave to their employer to inform the latter that she is extending her maternity leave.
A pregnant employee is entitled to a maternity leave of One Hundred Five (105) Days with full pay (or Sixty (60) Days, with full pay, if the employee miscarried or if their pregnancy was terminated due to an emergency). In cases of live birth, said employee may, at her option, avail of an additional Thirty (30) Days of maternity leave without pay provided that the employee must give a written notice to their employer at least Forty-Five (45) Days before the end of the employee's maternity leave. However, in the event of a medical emergency, no prior notice is required but the employee should give a subsequent notice to their employer.
This letter is drafted to provide prior notice or subsequent notice as may be needed by the employee. It is specifically designed for employees working in the private sector (as opposed to the public sector such as government employees) to avail of the additional maternity leave as provided under the law. Take note that employers may give additional benefits but may not give less than that provided by law.
How to use this document
The employee should first verify with the employer whether there are specific forms that the employee should fill out to avail of the additional maternity leave. If the employer has specific forms for the additional maternity leave, the employee should use the requisite forms and may, at their option, include the Notice for Additional Maternity Leave. However, if the employer does not have any requirements for notifying them of the additional maternity leave, this letter may be used by the employee to fulfill the notice requirements. The employer should also verify the manner of giving notice (ex. if the same has to be delivered personally or if it can be sent by email) and any other requirements that the employer may have for giving notice.
The user should enter all the information required to complete the document. Once completed, the employee should review the document and, if all the information appears to be correct, print and sign at least two (2) copies of the same. The user should then attach all the documents referenced in the letter, if any.
The employee or their representative can then deliver the letter to the employer through any of the valid means allowed by the employer. If the employer does not require a specific way of giving notice, the letter can be sent by personal delivery or by email to the employer in order to prevent any delay. If the letter will be sent by personal delivery, the employer should sign and date the second copy of the letter as proof of receipt.
Republic Act No. 11210 (the "105-Day Expanded Maternity Leave Law") is the law that governs maternity leave in the Philippines.
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