CEIVED

FIFTEENTH CONGRESS ) :
REPUBLIC OF THE PHILIPPINES _) 5 MAR 2012
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez an
Representative Maximo B. Rodriguez, Jr.

g
House Bill No. 5856
EXPLANATORY NOTE

The Constitution declares it a State policy to 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.

Our present laws granting maternity benefits to women working in the private
sector provides that, “a covered female employee who has paid at least three
monthly maternity contributions in the twelve-month period preceding the semester
of her childbirth, abortion or miscarriage and who is currently employed shall be paid
a daily matemity benefit equivalent to one hundred percent (100%) of her present
basic salary, allowances and other benefits or the cash equivalent of such benefits
for sixty (60) days” subject to certain condition

However, the benefits granted are no longer commensurate with the current
minimum standard of living, minimum daily wage, and the rising costs of infant
healthcare. Therefore, such financial or monetary benefits ought to be increased, if
we are to provide working mothers with safe and healthful working conditions, as
well as assist them in the care and nurturing of their children, pursuant to
constitutional policies and principles.

Aside from providing financial assistance to working mothers in private
employment, an equally important objective this bill seeks to pursue impacts on the
health of the infant

In a study of the World Health Organization (WHO), it was discovered that
based on statistics of the National Statistics Office in 2003 and 2008, only 16 percent
of four to five months old Filipinos were breastfed exclusively. Further, the WHO is
promoting exclusive breastfeeding for infants during the first six months of their lives
and they can receive complementary food with continued breastfeeding up to two
years of age and above.

Many health experts say there is insufficient support of breast-feeding by
society in general, in particular for women who are trying to combine breast-feeding
with employment outside the home. In an article by Imelda V. Abafio published in



teh The Women's Intemational Perspective (The WIP) website entitled “Breast-
feeding Rates Decline Across Asia and the Pacific Posing Health Risks to Infants
and Children’, Dr. Elizabeth Solang was quoted as saying that, “while it is important
to maintain breast-feeding in the first six months, many working women in many
countries face obstacles to breast-feeding their babies, especially when they are
required to go back to work after a short maternity leave.” This results in mothers
being constrained to go to work and delegate the care of their infants to relatives or
“yayas”

While laws have been passed encouraging employers to promote
breastfeeding to their women employees, the fact remains that all the working
mothers need so they can breastfeed their infants is time. In conjunction with the
State and WHO policy to promote exclusive breastfeeding within the first six (6)
months of the infant life, working mothers must therefore be granted maternity leave
benefits equivalent to six (6) months. The 6 months maternity leave benefits will
ensure that exclusive breastfeeding policy is being practiced, and in addition, will
foster the bonding between the mother and child

In view of the foregoing, immediate passage of this bill is earnestly requested
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W yy
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wom LL cer JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Second Regular Session )

HOUSE OF REPRESENTATIVES

~~ Introduced by Representative Rufus B. Rodriguez and _
Representative Maximo B. Rodriguez, Jr.

House Bill No. _5O56

AN ACT
GRANTING FAVORABLE WORKING CONDITIONS TO MOTHERS IN THE
PRIVATE SECTOR FOR THE PURPOSE OF ATTENDING TO THE PERSONAL
CARE OF THEIR INFANTS, AMENDING FOR THE PURPOSE SECTION 14-A OF
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.

Section 1. Short Title - This Act shall be known as the “Working Mothers and Infant
Protection Act of 2012”.

SEC 2. Declaration of Policy ~ Consistent with relevant provisions stated in the
Constitution, and with the end in view of fostering our nation's economic and social
progress, it is hereby declared the policy of the State to:

(a) Financially and morally assist mothers working in the private sector in
personally caring for their infants for the first six (6) months of life;

(b) Ensure that infants are given the proper attention and care of their
mothers working in the private sector, such as exclusive breastfeeding
for the infants’ six (6) months of life;

(c) Support employers in the private sector in achieving their productivity
goals, without disrupting business operations;

(d) Maintain harmonious relationships between employers and working
mother-employees; and

(e) Protect the sanctity of family life.
SEC 3. Covered Employers — Private corporations, partnerships, associations, non-

government organizations, other unincorporated entities, and individuals employing
at least 10 employees are covered within the scope of this Act.


SEC 4. Covered Employees — Female individuals who, regardless of employment
status, have rendered at least six (6) months of interrupted or uninterrupted service
to her employer, and who has made at least three (3) monthly
maternity contributions to the Social Security System (SSS) in the twelve (12) -
month period preceding the semester of their childbirth are entitled to the benefits
under this Act.

SEC 5. Maternity Leave Benefit - Section 14 of Republic Act No. 1161, as amended
by Republic Act No. 7322, is further amended by inserting additional provisions,
Section 14-B and Section 14-C, after Section 14-A, to be read as follows:

"SEC. 14-B. Extended Maternity Leave Benefit. — In addition to the
benefits provided for in the preceding section, the covered employer
shall, within thirty (30) days from presentation of a certified true copy of
certificate of live birth of a covered employee's infant, pay the covered
employee a cash value in an amount equivalent to her two (2) months’
salary preceding the filing of maternity leave with her employer, but in no
case exceeding thirty thousand pesos (Php 30,000.00), or in the case of
daily-paid employees, a cash value in an amount equivalent to her two
(2) months’ wages preceding the filing of maternity leave with her
employer, but in no case exceeding thirty thousand pesos (Php
30,000.00), subject to the following conditions

(a) The presentation by a covered employee, or anyone on her behalf,
of a cettified true copy of her infant's certificate of live birth to her
employer and the Social Security System (SSS) within thirty (30)
days from its issuance by the local civil registry or the National
Statistics Office;

Reimbursement of the paid cash value of the maternity benefit to
the covered employer by the Social Security System (SSS), within
sixty (60) days upon submission of satisfactory proof of payment.

(b)

SEC. 14-C. Unpaid leave and security of tenure. A covered
employee may avail of an extended two (2) months maternity leave
without pay by filing an application for leave with the covered employer
at least seven (7) days prior to the expiration of the two (2) months
extended paid leave as mentioned under the preceding section. A
covered employer shall accept in its employment a covered employee
who has returned after availing of the maternity leave benefits provided
under this Act, without loss of employment status and seniority rights. If
upon her return, the employer cannot give her the position she vacated
preceding the filing of the application for matemity leave, the former shall
place her to a different position with an equal rank, status and salary as
the last position preceding the application for maternity leave; Provided
that, a covered employee may at her option avail of unpaid maternity
leave for less than two (2) months.


SEC 6. Non-diminution of benefits — Nothing in this Act shall be construed as
todiminish existing matemity benefits under present laws and collective
bargaining agreements

SEC 7. Implementing Rules and Regulations — The Department of Environment and
Natural Resources shall promulgate the Rules and Regulations necessary for the
effective implementation of this Act.

SEC 8. Separability Clause - Should any of the provisions of this Act or any part
thereof be declared invalid, the other provisions, so far as they are separable from
the invalid ones, shall remain in full force and effect

SEC 9. Repealing Clause — All laws, presidential decrees and issuances, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SEC 10. Effectivity - This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation

Approved,