1.6 DEC 2013
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Sixteenth Congress
First Regular Session
HOUSE BILL NO. _3590

Introduced by Honorable Emmanuel D. Pacquiao

EXPLANATORY NOTE

Section 14, Article II (Declaration of Principles and State Policies) of the
1987 Constitution states:

“SEC. 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality before
the law of women and men.”

Similarly, Section 14, Article XIII (Women) of the Constitution further
ensures the protection of women, to wit:

SEC. 14. 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.

Based on these constitutional provisions, this bill seeks to provide maternity
leave benefits to all working women in government and private sectors for a period
of one hundred eighty (180) days or six (6) months. The proposed measure aims
to allow mothers who are working in both governthent and private sectors, a longer
period of time to take care of their babies, bond with them, and give these working
mothers a chance to complete exclusive breastfeeding for six months.

Matemity leave benefits are provided under Article 133 of the Labor Code
and Section 14-A of Republic Act No. 1161, otherwise known as the “Social
Security Law,” as amended by RA No. 7322 (An Act Increasing Maternity
Benefits In Favor Of Women Workers In The Private Sector, Amending For The
Purpose Section 14-A Of Republic Act No. 1161, As Amended, And For Other
Purposes) and RA No. 8282, otherwise known as the. “Social Security Act of


1997." Under the Labor Code, a qualified pregnant woman employee shall be
entitled to a paid matemity leave of at least two weeks prior to expected date of
delivery and another four weeks after normal delivery or abortion, Hence, a total
of six weeks maternity leave, Under the Social Security Law, a working mother is
given a paid maternity leave of sixty (60) days or 8.5 weeks for those who gave
birth through normal delivery, and seventy-cight (78) days for caesarian delivery,
Pursuant to Rule XVI (Rules on Leave) of the Omnibus Rules Implementing Book
V of Executive Order No. 292, otherwise known as “The Administrative Code of
1987”, every woman in the government service shall be entitled to maternity leave
Of sixty (60) calendar days with full pay.

As stated in the 2000 International Labor Organization (ILO) Maternity
Protection Convention No. 183, the standard length of time for maternity leave
should not be less than fourteen (14) weeks. Most European countries offer at
least six months of maternity leave benefits. In Asia, only Vietnamese women
enjoy a paid matemity leave of up to six months. Bangladesh, Singapore and
Mongolia give four months of paid maternity leave, while Indonesia, Cambodia,
China, Laos and Thailand allow three months paid maternity leave,

The ILO reveals the negative effects on work or work performance of
women Who are deprived of longer matemity leave. Among these are loss of
motivation, difficulty concentrating, increased absenteeism, reduced productivity,
impaired working relationships, and wanting or needing to leave the job. These
adverse effects on work performance would have an impact on the business in
terms of loss of productivity, difficulty retaining women staff, increased costs,
Poor industrial relations and poor company image. However, the employers in
both government and private sectors are encouraged to understand the long-term
Positive benefits they would gain should they grant their women employees the
Privilege of being able to nurture their babies for a longer period of time.

In View of the foregoing, passage of this bill is highly and earnestly
recommended.



Sixteenth Congress
First Regular Session

HOUSE BILL NO._ 3590

Introduced by Honorable Emmanuel D. Pacquiao

AN ACT
GRANTING MATERNITY LEAVE BENEFITS EQUIVALENT TO ONE
HUNDRED EIGHTY (180) DAYS OR SIX (6) MONTHS TO ALL WOMEN
WORKERS IN THE GOVERNMENT AND PRIVATE SECTORS.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled: .

SECTION 1. Grant of Maternity Leave. — Maternity leave benefits,
equivalent to one hundred eighty (180) days or six (6) manths with full pay, shall
be granted to all women workers in the government and private sectors, subject to
the following conditions:

a) That every woman worker .in the government and private sector must
have rendered an aggregate of two (2) or more years in service: Provided, That
those who have rendered one (1) year or more but less than two (2) years of
service shall be computed in proportion to their length of service: Provided,
further, That those who have served for less than éne (1)syear shall be entitled to

180-day maternity leave with half pay;


b) That every grantee shall notify her employer of the pregnancy and
the probable date of her childbirth; and

©) The maternity benefits provided under this Act shall apply only for
the first four (4) deliveries or miscarriages,

SEC. 2. Implementing Rules and Regulations. The Chairpersons of the
Civil Service Commission and the Social Security System shall, in coordination
with the Secretary of Labor and Employment, issue the necessary rules and
regulations for the effective implementation of this Act.

SEC. 3. Repealing Clause. ~ Section 14-A of Republic Act No. 1161,
otherwise known as the “ Social Security Law ”, as amended and all other laws,
decrees, order, rules and regulations, and other issuances or parts thereof,
inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 4. Effectivity. ~ This Act shall take effect fifteen (15) days after its
Publication in the Oficial Gazette or in two (2) national newspapers of general
circulation,

Approved,