Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House sittno. 1800

Introduced by GABRIELA Women's Party List
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS

EXPLANATORY NOTE

Women comprise 50% of the labor force in the Philippines. It is projected to remain at
this proportion beyond 2010 (Gender Statistics on Labor and Employment, BLES, DOLE)

The Philippine society has long recognized the important role women play in the
economy, the Philippine Constitution having at least three (3) policy declarations on the
protection of working women, namely:

1. Art. Il, Sec. 14. State Policies. “The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of women and men.

2. Art. XIll, Social Justice and Human Rights, Sec. 11. Health. “ There shall be priority for
the needs of the underprivileged, sick, elderly, disabled, women and children.”

3. Art. XIll, Social Justice and Human Rights, Sec. 14. Women. “The State shall protect
working women by providing safe and healthful working conditions, taking into account
their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.”

Likewise, “The Labor Code of the Philippines, as amended, stipulates that “The State
shall afford protection to labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed, and regulate the relations between worker and employees...”
(Art. 3. Declaration of Policy). The Code even provides for a specific chapter on Employment of
Women, the Labor Code provides night work prohibition (with exceptions) for women. Under
the same Title, Art. 132, the Code mandates the establishment “of standards that will ensure
the safety and health of women employees.” The same Code also prohibits “discrimination
against women employees with respect to terms and conditions of employment...” (Art. 135).

Historically, the 1952 Women and Children Labor Law granted twelve (12) weeks (84
days) maternity leave for pregnant women, four weeks prior to delivery and eight weeks after
delivery. In 1974, Presidential Decree (P.D.) 442, or the Labor Code of the Philippines, reduced
the period of maternity leave from 12 weeks to six (6) weeks (or 42 days), two weeks before
delivery and four weeks after delivery. This was again increased by Republic Act (R.A.) 7322, to.
sixty (60) calendar days for a normal delivery and seventy-eight (78) calendar days in the case of
Caesarian operation.

The International Labor Organization (ILO) convened in Geneva during its 88" Session
on 30 May 2000, recommended in its Maternity Protection Convention, 2000 the extension of
the period of maternity leave to at least fourteen (14) weeks (98) days with provision for a 6-
week compulsory postnatal leave.


The Philippines ranks the lowest in South East Asia, along with Malaysia in providing for
maternity protection as indicated by the length of period of maternity leave benefits granted to
women workers. The following shows a comparative listing of maternity leave benefits in South
East A:

Vietnam 4-6 months or 120 to 180 days
Thailand 90 days
Cambodia 90 days
indonesi 3monthsor 90 days

Laos 90 days
Myanmar 12weeks or 84 days
Singapore 12weeks or 84 days
Philippines 60 days
Malaysia 60 days

The Philippines also ranks 156" among 192 countries with the lowest expenditure on
health. At the rate of 2% of the total expenditure or 80.11 per person per day on health care
(CWR), maternal and child health would logically be inadequately addressed.

Studies show that in the Philippines, eleven (11) mothers died daily in 2009 due to
pregnancy and childbirth. Infant Mortality was recorded at 25 per 1,000 live births in 2005,
while maternal mortality was 200 per 100,000 live births. The Philippines ranks 84” among 179
countries with available data on infant mortality rate.

Breastfeeding has been known to be a major determinant of infant health. Studies have
shown that infants who have been exclusively breastfed for at least four months are less at risk
to gastrointestinal and respiratory illness including ear infections and asthma, than those who
are breastfeeding on demand for at least four months.

Maternity is one vital social function played by women and unless society recognizes
this and institutionalizes adequate support mechanisms to ensure maternity protection to
women workers, it is guilty of gender discrimination

Maternity Protection as embodied in the ILO Convention ensures not only protection of
working women and the right of infants to proper health care and nutrition but also affords
equality of opportunities for both men and women workers. It is one way of recognizing
maternity as one vital social function played by women.

Developed countries such as Sweden, Norway, Canada, Ireland, Denmark, France,
Greece, UK and Italy have amended their maternity protection laws extending maternity leave
to at least six (6) months (or 180 days) to as long as 480 days, in full recognition of maternity as
a social function of women, and to allow full maternal and infant care and protection.

Increasing maternity leave from sixty (60) days or eight weeks to one hundred twenty
(120) days or 16 weeks would allow mothers to breastfeed for at least the first four months
after delivery. Hence, it will ensure not only gender equality, but also proper health care and
nutrition to infants, as guaranteed under the Philippine Constitution and other relevant laws of
the land.

Immediate passage of this bill is therefore prayed.

ae fo /
ul IMINDA C. ILAGAI EMERENCIANA A. BE JESUS

Gabriela Women’s Party List Gabriela Women’s Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

1800

HOUSE BILL NO.

Introduced by GABRIELA Women's Party List
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS

AN ACT INCREASING MATERNITY LEAVE BENEFITS
FROM SIXTY (60) DAYS TO ONE HUNDRED TWENTY (120) DAYS OR FOUR MONTHS,
AMENDING FOR THE PURPOSE, P.D. 442, AS AMENDED BY R.A.7322

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Art. 133 of P.D. 442, as amended by R.A. 7322, are hereby amended to read as

follows:

ART. 133. Maternity leave benefits.

(a) Every employer shall grant to any pregnant woman employee,
who has rendered an aggregate service of at least (6) months for the last
(12) months, maternity leave of at least two (2) weeks prior to the
expected date of delivery and another [four (4)] FOURTEEN (14) WEEKS
after normal OR CAESARIAN DELIVERY, or abortion with full pay based

on her regular or average weekly wages.

SECTION 2. All laws, decrees, order, rules and regulations, and other issuances or parts
thereof, inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 3. This Act shall take effect after fifteen (15) days following its publication in
newspapers of general circulation.

APPROVED.