SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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Senate
i0Our ol tiff
M6 0EC12 P3’45
SENATE
S.B. No. 1276
ittcewD vt.
Introduced by SENATOR SONNY ANGARA
AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY EIGHT (98) DAYS 
FOR FEMALE WORKERS IN THE GOVERNMENT SERVICE AND IN THE 
PRIVATE SECTOR, AND GRANTING AN OPTION TO FURTHER EXTEND SAID 
PERIOD FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AMENDING 
FOR THE PURPOSE REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER
PURPOSES
Explanatory Note
No less than our Constitution acknowledges the family as the basic social unit of 
our society, mandating that the sanctity of family life must be protected. The 
Constitution also affirms that mothers are the foundation of every family, serving as the 
“Haw ng Tahanan” as conceived by the beloved Filipino metaphor. Under Article XIII, 
Section 14 of the 1987 Constitution, no other than the State “shall protect working 
women by providing 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.”
As equal opportunities are created and provided for all, there must be 
corresponding benefits that create an equitable society for women, more so for 
childbearing mothers at work.
Foremost among these are Maternal Leave Benefits, which have been enacted 
into law since the creation of the Social Security System, almost seventy years ago. 
These same laws and regulations must be attuned to the changing demands of present- 
day life and labor as its complexity grows.


In 2013, the World Health Organization (WHO) reported that Filipino mothers 
have a measly breastfeeding rate of 34% for infants younger than six (6) months, which 
failed to meet the 50% target of the 2012 World Health Assembly. One outcome that 
may be attributable to this unfortunate statistic are the 3.3 million (30%) Filipino children 
aged 5 years old and younger who are stunted based on the 2013 National Nutrition 
Survey.
Some argue that our short maternity leave period exacerbates this problem. 
Currently, the Philippines provides a compensable period of 60 to 78 days for maternity 
leave depending on the method of delivery. This clearly falls short of the international 
standard set at no less than 14 weeks or 98 days under the International Labour 
Organization (ILO) Convention No. 183. In the ASEAN region alone, the average length 
of maternity leave is at 93 days.
Given these considerations, it is imperative that the legally prescribed duration 
for maternity leave must be lengthened. A 2016 study by the McGill University and the 
UCLA Fielding School of Public Health concluded that longer paid maternity leaves 
reduce infant mortality as the extended period “[represents] a potential instrument for 
facilitating early-life interventions.” This added time allows mothers not only to sustain 
the wellbeing of infants, but also to create a stronger bond with their child.
Providing this extra time to mothers is the foremost aim of the foregoing 
measure, proposing that the maternity leave period be extended to ninety eight (98) 
days in accordance with international standards.
This measure, in enhancing the welfare of mothers, ultimately improves the 
wellbeing of all Filipinos. The swift passage of this measure is hence earnestly sought.
SENATOR SONNY ANGARA


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
SENATE 
S.B. No. i 2 7 6
f^h 
l^enate
of tljf frrtrfttry
T6 0EC12 P3-45
ittan/Eorr.
Introduced by Senator SONNY ANGARA
AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY EIGHT (98) DAYS 
FOR FEMALE WORKERS IN THE GOVERNMENT SERVICE AND IN THE 
PRIVATE SECTOR, AND GRANTING AN OPTION TO FURTHER EXTEND SAID 
PERIOD FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AMENDING 
FOR THE PURPOSE REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled:
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SECTION 1. Short Title. -  This Act shall be known as the “Expanded Maternity 
Leave Act.”
SEC. 2. Declaration of Policy. -  The State has acknowledged the invaluable 
contribution of all women to the country as it provided under Article XIII, Section 14 
of the Constitution that it “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.”
In accordance to this established State policy, it shall endeavor to enhance and to 
preserve women’s welfare through the creation of appropriate and beneficial 
mechanisms. Further, while the country leads in gender equality, it must do so with 
policies cognizant to established international standards to realize and provide 
humane and inclusive economic opportunities for all.


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SEC. 3. Grant of Maternity Leave. -  All covered female workers in government and 
private sector including those in the informal economy, regardless of civil status or 
the legitimacy of her child, shall be granted ninety eight (98) days maternity leave 
with pay and an option to extend for an additional thirty (30) days without pay.
Enjoyment of maternity leave cannot be deferred but should be availed of either 
before or after the actual period of delivery in a continuous and uninterrupted 
manner, not exceeding ninety eight (98) calendar days, as the case maybe. 
Maternity leave shall be granted to female workers in every instance of pregnancy or 
miscarriage, regardless of its frequency.
SEC. 4. Maternity Leave for Female Workers in Government Service. -  Any 
pregnant female worker in the government service, regardless of employment status, 
in any National Government Agencies (NGAs), Local Government Units (LGUs), 
Government Owned and Controlled Corporations (GOCCs) or State Universities and 
Colleges (SUCs), shall be granted a maternity leave of ninety eight (98) days, with 
full pay based on her average weekly or regular wages, regardless if the delivery 
was normal or caesarian. An additional maternity leave of thirty (30) days, without 
pay, can be availed of, at the option of the female worker: Provided, That the head of 
the agency shall be given due notice, in writing, at least forty five (45) days before 
the end of her ordinary maternity leave.
SEC. 5. Maternity Leave for Female Workers in the Private Sector. -  Any 
pregnant female worker in the private sector shall be granted a maternity leave of 
ninety eight (98) days, regardless of whether she gave birth via caesarian section or 
natural delivery.
(a) A female member who has paid at least three (3) monthly contributions in the 
twelve-month period immediately preceding the semester of her childbirth or 
miscarriage shall be paid her daily maternity benefit which shall be computed based 
on the average monthly salary credit, for ninety eight (98) days, regardless of 
whether she gave birth via caesarian section or natural delivery, subject to the 
following conditions:


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1) That the female worker shall have notified her employer of her pregnancy and
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the probable date of her childbirth, which notice shall be transmitted to the
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Social Security System (SSS) in accordance with the rules and regulations it
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may provide;
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2) That the full payment shall be advanced by the employer within thirty (30)
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days from the filing of the maternity leave application: Provided, That in the
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event where the employer fails or refuses to advance the full payment, the
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female worker may claim directly with the SSS subject to the rules and
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regulations of this Act;
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3) That payment of daily maternity benefits shall be a bar to the recovery of
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sickness benefits provided under Republic Act No. 1161, as amended, for the
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same period for which daily maternity benefits have been received;
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4) That the SSS shall immediately reimburse the employer of one hundred
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percent (100%) of the amount of maternity benefits advanced to the female
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worker by the employer upon receipt of satisfactory and legal proof of such
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payment; and
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5) That if a female worker should give birth or suffer a miscarriage without the
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required contributions having been remitted for her by her employer to the
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SSS, or without the latter having been previously notified by the employer of
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the time of the pregnancy, the employer shall pay to the SSS damages
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equivalent to the benefits which said female member would otherwise have
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been entitled to.
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(b) An additional maternity leave of thirty (30) days, without pay, can be availed of, at
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the option of the female worker; Provided, That the employer shall be given due
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notice, in writing, at least forty five (45) days before the end of her ordinary maternity
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leave.


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(c) Workers availing of the maternity leave period and benefits must receive not less 
than two-thirds (2/3) of their regular monthly wages. Employers from the private 
sector shall be responsible to pay the salary differential between the actual cash 
benefits received from the Social Security System (SSS) by the covered female 
workers and their average weekly or regular wages, for the entire duration of the 
ordinary maternity leave, with the following exceptions, subject to the guidelines to 
be issued by the Department of Labor and Employment (DOLE):
1) Those operating distressed establishments;
2) Those retail/service establishments employing not more than ten (10) 
workers;
3) Those who pay their workers on a purely commission, boundary, or task 
basis, and those who are paid a fixed amount for performing a specific 
work;
4) Those considered as micro business enterprises and engaged in the 
production, processing, or manufacturing or products or commodities 
including agro-processing, trading, and services whose total assets are not 
more than three million pesos (P3,000,000.00); and
5) Those who are already providing similar or more than the benefits herein 
provided.
SEC. 6. Maternity Leave With Pay in Case of Childbirth or Miscarriage After 
Termination -  Maternity leave with pay shall be granted even if the childbirth or 
miscarriage occurs not more than fifteen (15) calendar days after the termination of 
an worker’s service, as her right thereto has already accrued.
SEC. 7. Maternity Leave Credits. -  The maternity leave can be credited as 
combinations of pre-natal and post-natal leave as long as it does not exceed ninety 
eight (98) days and provided that compulsory postnatal leave shall not be less than 
sixty (60) days.
SEC. 8. Maternity Leave Benefits for Women in the Informal Economy and 
Voluntary Contributors to the SSS. -  Maternity benefits shall cover all married and 
unmarried women, including female workers in the informal economy.


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Female workers in the informal economy and those who have voluntarily contributed 
are entitled to maternity leave benefits if they have remitted to the SSS at least three 
(3) monthly contributions in the twelve (12) month period immediately preceding the 
semester of her childbirth or miscarriage.
SEC. 9. Maternity Benefits for a Female Worker with Pending Administrative 
Case. -  The maternity leave benefits granted under this Act shall be enjoyed by a 
female worker in the government service and in the private sector even if she has a 
pending administrative case.
SEC. 10. Maternity Benefits for Female Workers Who are Non-Members of the 
Social Security System. -  Female workers who are neither voluntary nor regular 
members of the Social Security System (SSS) shall be governed by PhilHealth 
Circular No. 022-2014, otherwise known as the “Social Health Insurance Coverage 
and Benefits for Women About to Give Birth.”
SEC. 11. Non-Diminution of Benefits. -  Nothing in this Act shall be construed as to 
diminish existing maternity benefits currently enjoyed whether or not these are 
granted under collective bargaining agreements (CBA) or present laws, if the same 
are more beneficial to the female worker. Any other working arrangement which the 
female worker shall agree to, during the additional maternity leave period, shall be 
allowed: Provided, That this shall be consented to in writing by the female worker 
and shall primarily uphold her maternal functions and the requirements of post-natal 
care.
SEC. 12. Security of Tenure. -  Those who shall avail of the ordinary maternity 
leave and the additional 30-day maternity leave, whether in the government service 
or private sector, shall be assured of security of tenure. As such, the exercise of this 
option by them shall not be used as basis for demotion in employment or 
termination. The transfer to a parallel position or reassignment from one 
organizational unit to another in the same agency shall be allowed: Provided. That it 
shall not involve a reduction in rank, status or salary.


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SEC. 13. Periodic Review. -  The Civil Service Commission (CSC) and the SSS 
shall immediately conduct a review of the maternity leave benefits of female workers 
in the government service and the private sector, respectively. Thereafter, both CSC 
and SSS shall include maternity leave benefits in their valuation report conducted 
every four (4) years for the SSS and every three (3) years for the CSC, or more 
frequently as may be necessary, with the end in view of meeting the needs of 
pregnant women and improving their welfare by increasing existing maternal 
benefits.
SEC. 14. Implementing Rules and Regulation. -  The CSC, DOLE, and the SSS 
shall issue the necessary rules and regulations for the grant of this expanded 
maternity leave for all female workers within six (6) months from the effectivity of this 
Act.
SEC. 15. Separability Clause. -  If any clause, sentence, paragraph or part of this 
Act shall be declared unconstitutional or invalid, such judgment shall not affect, 
invalidate or impact any other part of this Act.
SEC. 16. Repealing Clause. -  Any provision of laws, orders, agreements, rules, or 
regulations contrary to and inconsistent with this Act is hereby repealed, amended or 
modified accordingly.
SEC. 17. Effectivity. -  This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in any two (2) newspapers of general circulation in the 
Philippines.
Approved,