Re CEIVED

SEVENTEENTH CONGRESS ) 3
Le ag, 15 SEP 2016

REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

_Introduced by Representative Maximo B. Rodriguez, Js
3645

House Bill No,
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
faclities 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 maternity
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.

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 the The Women's
International Perspective (The WIP) website entitled “Breastfeeding 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

MAXIMO B. RODRIGUEZ, JR.

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SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative

imo B. Rodriquez, Jr.

3645

House Bill No.

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’

‘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 certified 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,

(b) 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
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 matemity 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 maternity 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 matemity leave
Provided that, a covered employee may at her option avail of unpaid maternity
leave for less than two (2) months.

Non-diminution of benefits - Nothing in this Act shall be construed as

to diminish 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 (16) days after its publication in two (2)

newspapers of general circulation

Approved,