13TH CONGRESS OF THE REPUBLIC 
) 
'0'1 
.'iJi -6 
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OF THE PHILIPPINES 
I 
First Regular Session 
I 
~IECEIVEI) BY 
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~ 
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SENATE 
S. BILL NO. 
Introduced by Senator Ralph G. Recto 
EXPLANATORY NOTE 
In the October 2003 National Statistics Report, fifty percent (50%) of 
the Philippine labor force participation rate is composed of women. Thus, 
there is the possibility of more and more mothers returning to work after 
their parental leave. 
In essence, maternity leave is the time a mother takes a leave from 
work upon the birth of a child. This is important not only to develop a 
healthy work force but also a to maintain a productive one. 
Changes in 
family formation, 
living arrangements, marital 
separation and labor force participation (especially maternal labor force 
participation) mean that in the majority of families with dependants, all 
adults are in paid employment. It is interesting to note that only one-third 
of dependent children in couple families and half of those in lone parent 
families have a "stay at home" parent. 
This bill seeks to grant maternity leave benefits to women 
employees, whether married or not, and regardless of employment status 
by amending Article 33 of Presidential Decree No. 442, as amended, 
otherwise known as the Labor Code of the Philippines. 
In view of the foregoing, immedi 
proval of this bill is earnestly 
urged. 


13TH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
~~~~~~~V~~ 
BY ;. I 
, 
SENATE 
S. BILL NO. 
11393 
Introduced by Senator Ralph G. Recto 
I 
AN ACT 
GRANTING MATERNITY 
LEAVE BENEFITS TO WOMEN EMPLOYEES, WHETHER 
MARRIED OR NOT AND REGARDLESS OF EMPLOYMENT STATUS, AMENDING 
FOR THIS PURPOSE ARTICLE 133 OF PRESIDENTIAL DECREE NO. 442, AS 
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES 
Be enacted by the Senate and House of Representatives of the Philippines 
in 
Congress assembled: 
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as follows: 
SECTION 1. Article 133 of Presidential Decree No. 442, as amended, 
otherwise known as the Labor Code of the Philippines, is hereby amended 
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"ART. 133. Maternity leave benefits. - (a) Every employer shall grant 
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to any pregnant woman, employee, [who has rendered an aggregate 
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service of at least six (6) months for the last twelve (12) months,] WHETHER 
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MARRIED OR NOT AND REGARDLESS OF HER EMPLOYMENT STATUS, 
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maternity leave of [at least two (2) weeks prior to the expected date of 
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delivery and another four (4) weeks after normal delivery or abortion with 
full pay based on her regular or average weekly wages] SIXTY (60) DAYS 
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FOR NORMAL DELIVERY AND SEVENTY-EIGHT (78) DAYS IN CASE OF 
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15 
weeks. 
CAESARIAN DELIVERY. The employer may require from any woman 
employee applying for maternity leave the production of a medical 
certificate stating that delivery will probably take place within two (2) 
, 


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"(b) The maternity leave shall be extended without pay on account 
of illness medically certified to arise out of the pregnancy, delivery, 
abortion, or miscarriage, which renders the woman unfit of work, unless 
she has earned unused leave credits from which such extended leave 
may be charged. 
"(c) The maternity leave provided in this Article shall be paid by the 
employer only for the first four (4) deliveries OR MISCARRIAGES by a 
woman employee [after the effectivity of this Code]." 
SEC. 2. The Secretary of the Department of Labor and Employment 
shall promulgate the necessary rules and regulations to effectively 
implement this Act. 
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SEC. 3. 
If any of the provisions of this Act 
is declared 
unconstitutional, the same shall not affect the validity and effectivity of 
the other provisions hereof. 
SEC. 4. All laws, presidential decrees, orders, issuances, executive 
orders, rules and regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly, 
SEC. 5. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
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Approved,