Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4684

House Bill No.

introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN,
TEDDY CASINO, NERI COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO:

EXPLANATORY NOTE

‘Women's role in nation building has yet to be fully recognized, appreciated and valued
despite its affirmation by our Constitution. Article Ill Section 14 of the 1987 Philippine
Constitution recognizes the State's obligation 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.”

Sadly, the current state of the law still contains policies discriminatory against women. One
such discriminatory policy is the deprivation of matemity leave benefits to unmarried
pregnant government employees which deprives both the woman and her unborn child of
the protection they are entitled to.

There is a need to correct the present legislation concerning the maternity leave benefits of
unmarried government employees for being discriminatory and for violating the equal
protection principle under Philippine laws.

Commonwealth Act 647, otherwise known as "AN ACT TO GRANT MATERNITY LEAVE TO
MARRIED WOMEN WHO ARE IN THE SERVICE OF THE GOVERNMENT OR ANY OF ITS
INSTRUMENTALITIES," provides:

“Section 1. Married women who are permanently or tempororily appointed in the
service of the Government or in any of its branches, subdivisions, agencies or
instrumentalities, including the corporation and enterprises owned or controlled by


the Government shall in addition to the vacatian and sick leave which they may enjoy
naw, be entitled in case of pregnancy to a maternity leave of sixty days..."

Until today, this is still being applied by government offices in implementing Section 12, Rule
XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292 (Administrative
Code of 1987) and Other Pertinent Civil Service Laws.

Moreover, the same interpretation is still being applied in the absence of a provision in the
GSIS Law (R.A. 8291) granting maternity leave benefits to unmarried pregnant women in
government.

Yet in the private sector, unmarried pregnant women enjoy maternity leave benefits. R.A.
8282 (Social Security System Act) provides for maternity leave of sixty (60) days for normal
delivery, or seventy-eight (78) days in case af caesarian delivery to ali pregnant employees
in the private sector in law and in practice, no distinctions are made between unmarried
and martied pregnant employees in the private sector in this regard.

Concerned women’s organizatians including the U.P. Portia Sorarity, Department of Women
and Development Studies of the U.P. College of Social Work and Community Develapment,
COURAGE and GABRIELA maintain that as a matter of right, unmarried pregnant women in
government service should also enjoy matemity leave benefits as unmarried pregnant
women in the private sector do. They also stress that the protection of the health of the
working woman and her unborn child must be given due importance.

This bill therefore seeks to address the discrimination against unmarried pregnant women in
the gavernment sector and to remave the discrepancy in the maternity benefits of wamen

in the government service vis-4-vis their counterparts in the private sector.

The urgent passage of this bill is requested.

Ponce. Suse c.
REP. EMERENCIANA A. DE JESUS REP.! IMINDA C_ naan

Gabriela Women’s Party Gabriela Women’s P;
RER.TEGDORO CASINO REPSRAFAEL MARI
Bayan Muna Partylist Anakpawis Partyli

ria
REP. NERI COLMENARES: REP. RAYMOND PALATINO
Bayan Muna Partylist Kabataan Partylist

ACT Teachers Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

° 4684

House Bill No.

Introduced by Representatives EMMi A. DE JESUS, LUZVIMINDA C. ILAG:
TEDDY CASING, NER! COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO

AN ACT GRANTING UNIVERSAL MATERNITY LEAVE BENEFITS
TO WOMEN IN GOVERNMENT SERVICE

Therefore, be it enacted, as it is hereby enacted, An Act Granting Universal Maternity Leave
Benefits to Women in Goverment Service.

Section 1. Maternity Leave Benefit - Any woman employee who is permanently or
temporarity appointed in government service, or in any of its branches, subdivisions ar
instrumentalities including corporations and enterprises owned or controlled by the
Government shail, in case of childbirth under normal delivery, abortian or miscarriage, 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, provided that the woman employee shall be paid daily maternity benefit for
seventy-eight (78} days in case of caesarean delivery.

Section 2. Conditions for the availment of Maternity Leave Benefits. ~ Availment of the
foregoing maternity benefits shall be subject to the fallowing conditions:

a) The employee is currently emplayed in the government and shall have paid at least
three (3) monthly GSIS contributions in the twelve-month period preceding the
semester of her childbirth, abortion or miscarriage;

b)_ The employee shall have notified her employer of her pregnancy and the probable
date of her childbirth;

©} Payment of daily maternity benefits shatt he a bar to the recovery of sickness
benefits provided under the GSiS Law or policy for the same compensable period of
sixty (60} days for the same childbirth, abortion, or miscarriage; and


4) The maternity benefits provided in this Act shall be paid only for the first four (4)
Zomimonwealth Act No. 647 and Republic Act No. 7322.
Section 3. Obligations of the Employer ~ The employer shall:
1) Immediately transmit to the GSIS the notice of pregnancy given by its employee; and
2) Advance payment of maternity benefits in two (2) equal instaliments within thirty
{30} days from filing of the maternity leave application by the emplayee

Section 2. All laws, executive orders, administrative orders, ordinances or issuance
inconsistent herewith are hereby repealed or modified accordingly.

Section 3. This Act shall take effect immediately.

Approved,