SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'15 
MAR 17 P 4 :46 
SENAT271 0 
S.B.No._..:.....:: 
INTRODUCED BY SENATOR PIA S. CAYETANO 
AN ACT 
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR 
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT 
SERVICE AND IN THE PRIVATE SECTOR, AND GRANTING AN OPTION TO 
EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 1161, AS AMENDED, 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Article XIII, Sec. 14 of the 1987 Constitution states that, "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." 
Section 11 of the Omnibus Rules Implementing Book V of Executive Order 
No. 292 as prescribed in The Revised Administrative Code of 1987 also provides 
for the grant of maternity leave. It states that, "Every woman in the government 
service who has rendered an aggregate of two (2) or more years in service, shall, 
in addition to the vacation and sick leave granted to her, be entitled to maternity 
leave of sixty (60) calendar days with full pay." 
In the private sector, in Section 14-A of Republic Act No. 1161, as 
amended, or the Social Security Act, the law gives the working women in the 
private sector a daily maternity leave benefit equivalent to one hundred percent 
(100%) of her average daily salary credit for sixty (60) days or two (2) months of 
maternity leave for normal delivery and seventy eight (78) days for caesarian 
delivery. 
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Under Article 133 of the Presidential Decree No. 442 or the Labor Code of 
the Philippines, a qualified pregnant woman employee shall be entitled maternity 
leave of at least two weeks prior to expected date of delivery and another four 
weeks after normal delivery or abortion, or a total of six weeks maternity leave. 
By way of practice, the provisions on the Social Security Law governs 
These provisions of law cited above provide for maternity leave which is 
considerably less than the 14 weeks maternity leave prescribed by the 
International Labor Organization under Convention No. 183, which the 
Philippines has yet to ratify. 
According to a study cited by Time magazine, mothers immediately 
resume work after giving birth experiences disparaging health and increased 
parental stress. This, in turn, affects the total well-being of the family, including 
the health and cognitive development of children. 
This measure seeks to provide an additional 30 day maternity leave for 
working mothers in the government and in the private sector to provide them with 
sufficient time to take care of their newborn babies and regain their full health. 
This will grant working mothers not only a longer time to bond with their babies 
but also have a stronger chance to complete exclusive breastfeeding for six 
months. 
In addition, the bill mandates the review of the policy on maternity leave 
benefits for the employees in the private sector to ensure that their rights and 
welfare are protected. 
It is for these reasons that I earnestly seek the passage of this bill. 
Senator 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'15 
MAR 17 P 4 :46 
SENATE 
S, B. No. 2710 
INTRODUCED BY SENATOR PIA S. CAYETANO 
AN ACT 
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR 
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT 
SERVICE AND IN THE PRIVATE SECTOR, AND GRANTING AN OPTION TO 
EXTEND 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 the House of Representatives by the Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Expanded 
2 
Maternity Leave Law of 2015. " 
3 
SEC. 2. Declaration of Policy. - It is the declared policy of the State 
4 
under Article XIII, Sec. 14 of the 1987 Constitution to protect and promote the 
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rights and welfare of working women, taking into account their maternal functions, 
6 
and to provide an enabling environment in which their full potential can be 
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achieved. 
8 
Towards this end, and in consonance with local and international legal 
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instruments that protect and promote the rights of women, the State shall 
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institutionalize a mechanism to expand the maternity leave period of working 
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women to provide them with ample transition time to regain health and overall 
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well ness as well as to assume maternal roles before resuming full-time work. 
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SEC. 3. Maternity Leave for Female Employees in Government 
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Service. - Any pregnant female employee, married or unmarried, who was 
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permanently or temporarily appOinted in government service of any National 
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Government Agency (NGA), Local Government Unit (LGU), or Government 
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1 
Owned and Controlled Corporations (GOCC), who has rendered an aggregate 
2 
service of at least six (6) months for the last twelve (12) months, shall be granted 
3 
a maternity leave of ninety (90) days, with full pay based on her average weekly 
4 
or regular wages, regardless if the delivery was normal or caesarian. 
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An additional maternity leave of thirty (30) days, without pay, can be 
6 
availed of, at the option of the employee; Provided, that the head of the agency 
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shall be given due notice, in writing, before the lapse of the seventy-fifth (75th ) 
8 
day of her maternity leave. 
9 
SEC. 4. Maternity Leave for Female Employees in the Private Sector.-
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Section 14-A of Republic Act 1161, as amended, otherwise known as the Social 
11 
Security Act of 1997, is hereby further amended to read as follows: 
12 
"Section 14-A. Maternity Leave Benefit. -
A covered 
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female employee who has paid at least three monthly maternity 
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contributions in the twelve-month period preceding the semester of 
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her childbirth, abortion, or miscarriage and who is currently 
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employed shall be paid a daily maternity benefit equivalent to one 
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hundred per cent of her present basic salary, allowances and other 
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benefits or the cash equivalents of such benefits for [sixty (60) days 
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or seventy-eight (78) days in case of caesarian delivery] NINETY 
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(90) DAYS subject to the following conditions: 
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(a) That the employee shall have notified her employer of 
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her pregnancy and the probable date of her childbirth, which notice 
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shall be transmitted to the SSS in accordance with the rules and 
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regulations it may provide; 
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(b) The full payment shall be advanced by the employer 
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within thirty (30) days from the filing of the maternity leave 
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application; 
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(c) That payment of daily maternity benefits shall be a bar to 
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the recovery of sickness benefits provided by this Act for the same 
30 
period for which daily maternity benefits have been received; 
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1 
(d) That the maternity benefits provided under this section 
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shall be paid only for the first four (4) deliveries or miscarriages; 
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(e) That the SSS shall immediately reimburse the employer 
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of one hundred percent (100%) of the amount of maternity benefits 
5 
advanced to the employee by the employer upon receipt of 
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satisfactory proof of such payment and legality thereof; and 
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(f) That if an employee member should give birth or suffer 
8 
miscarriage without the required contributions having been remitted 
9 
for her by her employer to the SSS, or without the latter having 
10 
been previously notified by the employer of the time of the 
11 
pregnancy, the employer shall pay to the SSS damages equivalent 
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to the benefits which said employee member would otherwise have 
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been entitled to. 
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AN ADDITIONAL MATERNITY LEAVE OF THIRTY (30) 
15 
DAYS, WITHOUT PAY, CAN BE AVAILED OF, AT THE OPTION 
16 
OF THE EMPLOYEE; PROVIDED, THAT THE EMPLOYER SHALL 
17 
BE GIVEN DUE NOTICE, IN WRITING, BEFORE THE LAPSE OF 
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THE SEVENTY-FIFTH (75TH ) DAY OF HER MATERNITY LEAVE." 
19 
SEC. 5. Non-diminution of Benefits. - Nothing in this Act shall be 
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construed as to diminish existing maternity benefits under present laws and 
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collective bargaining agreements, if more beneficial to the female employee. Any 
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other working arrangement which the female employee shall agree to, during the 
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additional maternity leave period, shall be allowed; Provided, That this shall be 
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consented to in writing by the employee and shall primarily consider her maternal 
25 
functions and post-natal care. 
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SEC. 6. Security of Tenure. - Those who shall avail of the additional 30-
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day maternity leave, whether in the government service or private sector, shall be 
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assured of security of tenure. As such, the exercise of this option by them shall 
29 
not be used as basis for termination from employment. 
30 
SEC. 7. Implementing Rules and Regulations.- The Civil Service 
31 
Commission, the Department of Labor and Employment, together with the 
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Government Service Insurance System (GSIS) and the Social Security System 
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1 
(SSS) shall issue the necessary rules and regulations for the grant of this 
2 
expanded maternity leave for all female employees. 
3 
SEC. 8. Separability Clause. -
If, for any reason, a provision or part 
4 
hereof is declared invalid, other provisions not affected thereby shall remain in 
5 
full force and effect. 
6 
SEC. 9. Repealing Clause. - All laws, decrees, executive orders, rules 
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and regulations contrary to or inconsistent with the provisions of this Act are 
8 
hereby repealed or modified accordingly, specifically Section 1 of Commonwealth 
9 
Act No. 647, Section 11 of the Omnibus Rules Implementing Book V of Executive 
10 
Order No. 292 as prescribed in The Revised Administrative Code of 1987, Article 
11 
133 of the Presidential Decree No. 442 or the Labor Code of the Philippines, and 
12 
Section 14-A of Republic Act 1161, as amended. 
13 
SEC. 10. Effectivity. - This Act shall take effect fifteen (15) day after its 
14 
publication in the Official Gazette or in a newspaper of general circulation. 
Approved, 
4