In the Philippines, how early may a pregnant employee begin maternity leave?

Maternity Leave Timing in the Philippines

In the Philippines, pregnant employees may begin their 105-day maternity leave at any time they choose, but most commonly start it 2-4 weeks before the expected delivery date, with the flexibility to allocate the leave days before and after childbirth according to their needs.

Legal Framework and Entitlements

The Philippines enacted the 105-Day Expanded Maternity Leave Law, which provides employed women in the formal sector with 105 days of paid maternity leave 1. This represents one of the more progressive maternity protection policies in Southeast Asia, though it still falls short of the World Health Organization's recommendation for exclusive breastfeeding duration 1.

Key Features of Philippine Maternity Leave:

• Flexible timing: The law allows pregnant employees to decide when to begin their maternity leave, with no mandatory start date 1
• Duration: 105 days of paid leave for formal sector workers 1, 2
• Coverage limitations: Current laws do not guarantee paid maternity leave to workers in the informal economy, affecting nearly three-fourths of women in the labor force 2

Practical Considerations for Timing

When to Start Leave:

• Standard practice: Most women begin leave 2-4 weeks before expected delivery to allow for rest and preparation
• High-risk pregnancies: Women with obstetrical risk factors may require earlier leave, with approximately 96% of pregnancy-related sick leave due to medical complications 3
• Occupational factors: Women in physically demanding jobs (standing, walking, lifting) often need earlier leave, as occupational factors contribute to sick leave in at least 50% of cases 3

Allocation Strategy:

• Women should consider allocating more leave days after delivery rather than before, as:
  • Postpartum recovery requires substantial time 4
  • Breastfeeding establishment is critical in the first weeks 1, 5
  • Maternal mental health benefits peak with longer postpartum leave 4
  • Infant bonding and attachment develop primarily after birth 4

Critical Gaps in Current Policy

Coverage Limitations:

• Informal sector exclusion: Workers in the informal economy lack access to paid maternity leave, creating significant inequity 1, 2
• Insufficient duration: 105 days (approximately 15 weeks) is less than the WHO-recommended 6 months for exclusive breastfeeding 1, 5
• Financial barriers: Even with paid leave, low-wage workers may struggle with partial pay arrangements 5

Implementation Challenges:

• Lack of monitoring systems for lactation spaces and workplace support 1
• Poor communication of entitlements to mothers, fathers, and employers 1
• Limited integration between maternity protection and breastfeeding promotion programs 1

Recommendations for Optimal Timing

For Low-Risk Pregnancies:

• Begin leave 1-2 weeks before expected delivery date to maximize postpartum recovery time
• Reserve the majority of leave days for the postpartum period when breastfeeding support and maternal recovery are most critical 4

For High-Risk Pregnancies:

• Consider earlier leave if experiencing:
  • Severe hypertension or preeclampsia requiring close monitoring 6, 7
  • Occupational hazards (heavy lifting, prolonged standing, radiation exposure) 8, 3
  • Pregnancy complications requiring bed rest or reduced activity 3

Special Circumstances:

• Preterm or sick infants: Longer, flexible leave arrangements are essential for these families 5
• Multiple pregnancies: May require earlier leave due to increased physical demands
• Radiation-exposed workers: Should discuss timing with radiation safety officers and consider modified duties during pregnancy 8

Common Pitfalls to Avoid

• Starting leave too early: Using excessive leave days before delivery leaves insufficient time for postpartum recovery and breastfeeding establishment 4
• Returning to work prematurely: Economic pressure forces many mothers back within 10 days postpartum in countries without adequate paid leave, severely compromising maternal and infant health 4
• Not communicating with employers: Failing to discuss workplace accommodations (lactation spaces, modified duties) before leave begins 1
• Ignoring occupational risk factors: Continuing physically demanding work without modifications increases pregnancy complications 3

Economic and Health Implications

The annual cost of extending maternity cash transfers to informal sector workers in the Philippines ranges from USD 42 million (14 weeks) to USD 309 million (26 weeks), representing less than 0.1% of GDP—substantially lower than the 0.7% GDP cost of not breastfeeding 2. Paid maternity leave of at least 12 weeks is associated with decreased infant mortality, reduced maternal depression, improved breastfeeding rates, and better child development outcomes 4.