HOUSE OF REPRESENTATIVES
Republic ofthe Philippines RECEIVED
HOUSE OF REPRESENTATIVES: 7
Constitution Hils, Quezon City pate:__O5 J! 20
TINe:,
SEVENTEENTH CONGRESS
First Regular Session BY:

REGISTRATION UNIT

nouse sittno, 10
BILLS AND INDEX SERVICE

Introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS

EXPLANATORY NOTE

Maternity is one vital social function played by women. Recognizing such role and insttutionalizing supocr
mechanisms to ensure maternity protection is not only a way of repaying women, this also promotes gene
‘quality.

Al present, Philippine laws give pregnant women workers only sixty (60) calendar days of paid maternal ieave fo:
fiormal delivery and seventy-eight (78) calendar days in case of Caesarian section delivery. This is very tai
behind the International Labor Organization (ILO) recommendation, issued on the occasion of its Materni
Protection Convention on 2000, of at least fourteen (14) weeks with provision for a six (6)-week com
postnatal leave. It is not even at par with the 90-days standard of South East Asian countries where the
Philippines, unsurprisingly, ranks the lowest. Following the ILO recommendation, European countries have now
ine highest maternity leave benefit, with an average of 18 to 20 weeks. Some European countries even
for a. 40-week maternity leave.

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Taking into account local conditions, this bill does not intend to follow the standards in Europe, but to enhance
ne existing law for the safety and heath of pregnant women workers, at the very least, ciose to the inte
standards.

Studies have shown that a longer maternity leave period has beneficial effects on the mother and the chiis
Among these are:
1. Itallows complete recovery for the mother.
lt spares the mother from the stress of work that affects her nursing capabilites.
It allows the mother a longer period to breastfeed her child. Breastleeding has been proven to have
beneficial on the heaith and development of the child.
4. It allows a longer bonding time between the mother and the child which has beneficial effects o
child's psychological development.

Siudies have also shown that a longer maternity leave produces healthier children and happier mothers. Happy
mothers, in turn, are productive workers. But the biggest benefit of all is that counties that provide lon.
maternity leave to their pregnant workers have low infant morality, Furthermore, longer maternity leave ve
can Save the parents from additional cost for baby sitters.



‘Sum. this bill has the following main features:

1. From the existing 60 days for normal delivery and 78 days for caesarian delivery, it increases (ne pai
maternity leave period for female employees in both public and private sectors 10 120 days, regaraies
of delivery situations, and provides for an option to exterid for thirty days. ifthe female employee

irom a miscarriage, her maternity leave period is 60 days:
2. Itturther protects the security of tenure of female employees who avail of the benelits under «

insulating them from diminution of benefits, demotion, or termination; and
3. Inthe case of female employees in the private sector, the full payment of benefits shail be auvancet

the employer within thirty (30) days from the fiing of the maternity leave apolication

law by

it passed, this bill wil fulfil a constitutional mandate to protect and promote the rights and wellare of working
women and will benelit some 5 milion female employees in the public and private sectors

In view of the foregoing, the immediate passage of this bill is earnestly sought.
Jinn oes

EMMI A, DE JESUS Ne/#-BROSAS
Gabriele Womel's Party abriela Women’s Party


Republic of the Philipines
HOUSE OF REPRESENTATIVES.
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

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nouse Bit no, LO

Introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS

ANACT
INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED (120) DAYS FOR FEMALE
EMPLOYEES IN THE GOVERNMENT SERVICE AND IN THE PRIVATE SECTOR, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1, Short title. - This Act shall be known as the “One Hundred Twenty (120) Days Maternity Leave Law

Section 2 . Declaration of Policy. ~ Its the declared policy of the State 10 protect and promote the nighis anc
weltare of working women, taking into account their maternal functions, and to provide an enabling envircamen
10 which their full potential can be achieved (Article XIll, Section 14 of the 1987 Philippine Constwution).

Toward this end, and in consonance with local and international legal instruments that protect and prom
rights of women, the State shall institutionalize a mechanism to expand the maternity leave period
women to provide them with ample transition time to regain health and overall weliness as well as to assume
mnaternal duties before resuming full-time work.

working

Section 3. Maternity Leave for Female Employees in Government Service. ~ Any pregnant female employee
wino is appointed in the government service, regardless of employment status, in any National Governinie

‘Agency, Local Government Unit (LGU), or Government-Owned and Controlied Corporations (GOCC), shail oe
granted a maternity leave of one hundred twenty (120) days with full pay based on her average weekly or reguic

wages, regardless of whether the delivery was normal or by caesarian section.

\i the female employee suffered a miscarriage, her maternity leave period shall be sixty (60) days with ‘ul pay
The female employee shall have the option to extend her maternity leave for another thity (30) days: Provided,
That the head of the agency shall be given due notice in writing at least 15 days belore the end of het regula
‘maternity leave. The thirty (30) days extension shall be without pay

Section 4, Maternity Leave for Female Employees in the Private Sector. ~
A, Any pregnant female employee in the private sector shall be granted a maternity leave of one hunured
twenty (120) days, regardless of whether the delivery was normal or by caesarian section, of of sixty (&

days if the female employee sutlered a miscarriage.


he female employee shall have the option to extend her matemity leave for another thiry (30) dey
Provided, That the head of the agency shall be given due notice in writing at least 15 days beiore the ene v)
her regular maternity leave. The thirty (30) days extension shall be without pay.

‘An employee availing of maternity leave must receive nat less than two-thirds (2/3) of their regular 1
wages. Employers from the private sector shall be responsible for the salary differential between the acwue:
cash benefits received from the SSS by covered employees and their average weekly or regular wages, (0
the entire duration of the regular matemity leave, excepl for those who are already providing similar Or more
than the benefits provided under this Act.

‘A female employee in the private sector who has paid at least three (3) monthly contributions ithe (weive
month period immediately preceding the semester of her childbirth or miscarriage shalt be paid her day
mavernity benefit to be computed based on the average monthly salary credit, for one hunared 1
days, regardless of whether the delivery was normal or by caesarian section, or for sixty (B0) says the
female employee suffered a miscarriage; Provided that the employee shall have notitied her emplo
pregnancy and the probable date of her childbirth, which notice shall be transmitied to the Social Security
Services (SSS) in accordance with the rules and regulations it may provide.

y (120)

The female employee shall likewise have the option to extend her maternity leave to thirty (30) vays
Provided, That the head of the agency shall be given due notice in writing at least 15 days before the end c
her regular maternity leave. The thirty (30) days extension shall be without pay.

The full payment shall be advanced by the employer within thiry (30) days from the filing of the maternity
leave application.

The payment of daily maternity benefits provided under this paragraph shall be a bar to the recovery ©
sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which ihe
employee has received daily maternity benefits.

‘The maternity leave benefits provided under this paragraph shall be paid only for the first four (4) deliveries
or miscarriages.

That the SSS shall immediately reimburse the employer of one hundred percent (100 96) of the amount ©
maternity benefits advanced to the employee by the employer upon receipt of satistactory proo! o! suc!
payment

Finally, if an employee member should give birth or suffer miscarriage without the required contributions
having been remitted for her by her employer to the SSS, or without the iaiter having been previousiy
‘notified by the employer of the time of the pregnancy, the employer shall pay the SSS damages equivaient
to the benefits which said employee would otherwise would have been entited to.

Section 5. Non-diminution of benefits. ~ Nothing in this Act shall be construed as to diminish exist
‘maternity benefits currently granted by employer with or without collective bargaining agreements (CBA), oF
under present laws, if more beneficial to the female employee. Any other working arrangement which tne
female employee shall agree to, during the additional maternity leave, shall be allowed: Provided that tnis
shall be consented to in writing by the employee and shail primarily consider her maternal functions ar
post-natal care.



Section 6. Security of tenure. - Those who shail avail of the regular maternity leave and additional 30
maternity leave, whether in the government or private sector, shall continue to enjay the protection of
security of their tenure. Availment of the benefits under this Act shall not be used as grounas for demuuc
termination. Any female employee who returns to work after availing of the leave periods provided une
‘Act shall not be transferred or reassigned within three months after her return to work, AL the er
months after her return to work, she may be transferred 10 a parallel position or rea
organizational unit to another in the same agencylcompany; Provided That it shall not involve
rank, Status or salary.

Section 7. Periodic Review. - The Government Service Insurance System (GSIS) and ine SS:
immediately conduct a review of the matemity leave benefits of women employees in ine govern
senice and the private sector, respectively. Thereafter, they shall include maternity leave bewetts
valuation repon conducted every three (3) years for the GSIS and tour (4) years for tne
frequently as maybe necessary, with the end view of meeting the needs of pregnant womien and iniproving
their welfare by increasing existing maternal benefits.

Section 8. Implementing Rules and Regulations. The Cwil Service Commission (CSC), ihe DOI
together with the GSIS and the SSS shall issue the necessary rules and regulations for tne grant ol &
expanded maternity leave forall female employees within six (6) months from the effectivity of tis Ack.

Section 9. Separability Clause. ~ II for any reason, a provision or part here! 's declared invalit, ote
provistons not affected thereby shall remain in full force and effect.

Section 10. - Repealing Clause. - Commonwealth Act 647 is hereby repealed. Section 11, Book V 0
Executive Order 292 (Omnibus Rules on Leaves) and Rule XVI of the Omnibus Rules Implementing
Article 133 of Presidential Decree No. 442 or The Labor Code of the Philippines, and Se
Republic Act 1161, as amended, are hereby further amended. Any other law, decree, executive order, ‘ule
and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or mouitiec
cordingly.

jon 14-A 0

Section 11. Effectivity. - This Act shall take effect fiteen (15) days after its publication in the Oficial Gaze
or in a newspaper of general circulation.

Approved,