Can employees under Maternity Leave (ML) who returned to work before the expiration of their 105-day ML claim salary on top of their ML benefits?

Can employees under Maternity Leave (ML) who returned to work before the expiration of their 105-day ML claim salary on top of their ML benefits?

Hi gabbies. Regarding the Expanded Maternity Leave in Public Sector. In our agency, we still allow our employee to return to work before the expiration of her maternity leave (hindi tinatapos yung 105 days) and claim the salary for her actual services rendered on top of her maternity leave benefits.

Allowed pa ba to sa RA11210 (EML)? Sa IRR kasi walang nakaspecify if same application pa din unlike sa Payment (Kasi before 2 years onwards para makaclaik ng 2years, sa EML regardless of length of service). Meron kasing nakaspecify sa RA11210 – Section 14 about non diminution of benefits.

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1 Comment on “Can employees under Maternity Leave (ML) who returned to work before the expiration of their 105-day ML claim salary on top of their ML benefits?”

  1. Under the expanded MML, employee on ML can only return to work after the she has consumed the 105 ML. Rule IV, Section 2 of the EMLL provides: “Enjoyment of ML cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner”.