Dear eFOI user,
Thank you for your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch regarding the Salary Differential Maternity Benefit.
Under Republic Act No. 11210, also known as the Expanded Maternity Leave (EML) Act, the paid maternity leave has been extended from 60 days to 105 days. This law applies to female workers in the public and private sectors, including those in the informal economy, entitling them to 105 days of paid maternity leave at 100% of their average daily salary credit.
For your reference, we are providing a copy of DOLE Department Advisory No. 1, s. 2019, which outlines the Guidelines on the Computation of the Salary Differential of Female Workers During Maternity Leave. Additionally, you may reach out to the Social Security System (SSS) for further inquiries.
Salary differential refers to the difference between an employee’s full salary and the portion covered by government-mandated benefits during leave periods, such as maternity leave. Employers are required to pay the remaining amount to ensure that employees receive their full compensation.
Please note that this response is based solely on the information provided. Any undisclosed facts may affect the applicability of this guidance. As such, this should not be used as a legal reference or in formal legal proceedings.
We hope this clarifies your concerns.
Thank you.
Respectfully,
BWC Foi Receiving Officer and Decision Maker
FOI Officer
Department of Labor and Employment
