Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5701

Introduced by Honorable MARK A. VILLAR

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT
SERVICE AND 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

The 1987 Constitution recognizes the duty of the State to take positive action
in protecting the welfare of women, especially those who are in the workforce. Article
XIll, Sec, 14 of our 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."

It is in light of the said Constitutional provision that the State must recognize
the importance of giving sufficient maternal leaves to working mothers, A study
conducted by Time Magazine in 2011 shows that women with 3-month old infants
who worked full time reported greater rates of depression, stress and poor health.’
The said study also found that mothers who experienced stress and depression have
a negative impact on their families’ overall wellness and on the health and cognitive
development of their children.’

1 Melnick, Meredity, “Study; Why Maternity Leave is Important”; 21 July 2011,
hhutp://healthland.time.com/201 1/07/21 /study-why-maternity-leave-is-important/, Date accessed 01 May 2015,
Tid


Considering that the protection of pregnancy is a duty shared by the
government and society, measures must be taken to ensure the well-being not only
of the mother, but also of the new-born child and of the family, Thus, the State must
allow the mother ample time to adjust for this will benefit the physical, mental and
cognitive well-being of the mother, the baby and the family.

Although current legislation grants women maternity leave of sixty (60) to
seventy eight (78) days with full pay, this grant is below international standards. The
International Labor Organization under Convention No. 183 prescribes maternity
leave of not less than fourteen (14) weeks to covered women. The Philippines have
yet to ratify this Convention; however, the wisdom behind it must not be ignored by
‘our country just because it has not yet been ratified

This measure seeks to provide an additional 30 day matemnity 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 care for their own well-being. This will provide a positive
impact on the general well-being of her family, as well as to the health and cognitive
development of her children.

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.

itis for these reasons that | eamestly seek the passage of this bill

MARK A. VILLAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

5701

HOUSE BILL NO.

Introduced by Honorable MARK A. VILLAR

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT
SERVICE AND 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:

SECTION 1. Short Title. - This Act shall be known as the "Expanded
Maternity Leave Law of 2015."

SEC. 2. Declaration of Policy. - It is the declared policy of the State under
Article Xill, Sec. 14 of the 1987 Constitution to protect and promote the rights and
welfare of working women, taking into account their maternal functions, and to
provide an enabling environment in which their full potential can be achieved

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


SEC. 3. Maternity Leave for Female Employees in Government Service. -
‘Any pregnant female employee, married or unmarried, who was permanently or
temporarily appointed in government service of any National Government Agency
(NGA), Local Government Unit (LGU), or Government Owned and Controlled
Corporations (GOCC), who has rendered an aggregate service of at least six (6)
months for the last twelve (12) months, shall be granted a maternity leave of ninety
(0) 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 employee; Provided, that
the head of the agency shall be given due notice, in writing, before the lapse of the
seventy-fifth (75th) day of her matemity leave.

SEC. 4, Maternity Leave for Female Employees in the Private Sector. -
Section 14-A of Republic Act 1161, as amended, otherwise known as the Social
Security Act of 1997, is hereby further amended to read as follows:

"Section 14-A. Maternity Leave Benefit. - 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
maternity benefit equivalent to one hundred per cent of her present basic
salary, allowances and other benefits or the cash equivalents of such
benefits for [sixty (60) days or seventy-eight (78) days in case of caesarian
delivery] NINETY (90) DAYS subject to the following conditions

a) That the employee shall have notified her employer of her pregnancy
and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and regulations it
may provide;

b) The full payment shall be advanced by the employer within thirty (0)
days from the filing of the maternity leave application;

c) That payment of daily maternity benefits shall be a bar to the recovery
of sickness benefits provided by this Act for the same period for which
daily maternity benefits have been received;

d) That the maternity benefits provided under this section shall be paid
only for the first four (4) deliveries or miscarriages;

e) That the SSS shall immediately reimburse the employer of one
hundred percent (100%) of the amount of maternity benefits advanced
to the employee by the employer upon receipt of satisfactory proof of
such payment and legality thereof, and

f) That 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 latter having been previously
notified by the employer of the time of the pregnancy, the employer


shall pay to the SSS damages equivalent to the benefits which said
employee member would otherwise have been entitled to

AN ADDITIONAL MATERNITY LEAVE OF THIRTY (30) DAYS,
WITHOUT PAY, CAN BE AVAILED OF, AT THE OPTION OF THE
EMPLOYEE; PROVIDED, THAT THE EMPLOYER SHALL BE GIVEN
DUE NOTICE, IN WRITING, BEFORE THE LAPSE OF THE
SEVENTY-FIFTH (75TH) DAY OF HER MATERNITY LEAVE.”

SEC. 5. Non-diminution of Benefits. - Nothing in this Act shall be construed
as to diminish existing maternity benefits under present laws and collective
bargaining agreements, if more beneficial to the female employee. Any other working
arrangement which the female employee shall agree to, during the additional
maternity leave period, shall be allowed; Provided, That this shall be consented to in
writing by the employee and shall primarily consider her maternal functions and post-
natal care.

SEC. 6. Security of Tenure. - Those who shall avail of 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 termination from employment

SEC. 7. Implementing Rules and Regulations. - The Civil Service
Commission, the Department of Labor and Employment, together with the
Government Service Insurance System (GSIS) and the Social Security System
(SSS) shall issue the necessary rules and regulations for the grant of this expanded
maternity leave for all female employees.

SEC. 8. Separability Clause. - If, for any reason, a provision or part hereof is
declared invalid, other provisions not affected thereby shall remain in full force and
effect

SEC. 9. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly, specifically Section 1 of Commonwealth Act No.
647, Section 11 of the Omnibus Rules Implementing Book V of Executive Order No.
292 as prescribed in The Revised Administrative Code of 1987, Article 133 of the
Presidential Decree No. 442 or the Labor Code of the Philippines, and Section 14-A
of Republic Act 1161, as amended.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) day after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,