Republic of the Philippines
HOUSE OF REPRESENTATIVE,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

RESISTR (TION UNIT
GILLS AND INDEX SERVICE

HouSE BILL No. 3445 _

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED (100) DAYS
FOR FEMALE EMPLOYEES IN THE GOVERNMENT SERVICE AND IN THE
PRIVATE SECTOR, AND GRANTING AN OPTION TO EXTEND FOR AN
ADDITIONAL THIRTY (30) DAYS WITHOUT PAY

EXPLANATORY NOTE

As a policy of the State, the 1987 Philippine Constitution recognizes the
sanctity of family life and declares to equally protect the life of the mother.
‘Accordingly, our labor laws then grants maternity leave to mothers who just gave
birth to regain their strength and even to nurture and take care the newborn
International organizations, likewise, recognizes the role of mothers and their need to
recuperate after childbirth as they declare and recommend the number of maternity
leave days that should be granted the female workers. Admittedly, however.
Philippine labor laws are not yet compliant with the international standards

This bill proposes to grant additional maternity leave days for female
employees, both in the government and private sector. It is hereby recognized that
child bearing and post-natal care of a female individual is a critical phase in a
woman's life, Even our elders usually say and believe that when a woman gives
birth, her life is put into peril. More so, after child birth, care should be given more
now that a woman has to take care and nurse another human being. This also takes
toll on the health and welfare of the mother. With the grant of additional maternity
leave days, mothers can recuperate fully before going back to work, Moreover, the
mother can take care and nurse the newborn during its critical days after birth. The
benefit that can be derived from the grant of additional maternity days may be
unquantifiable. Thus, the imperative need to provide additional matemity leave days
to mothers who have just gave birth or those uneventfully had a miscarriage should
be upheld

With the foregoing, the approval of the bill is hereby earnestly sought.

We bl /


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 8445

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS,

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED (100) DAYS
FOR FEMALE EMPLOYEES IN THE GOVERNMENT SERVICE AND IN THE
PRIVATE SECTOR, AND GRANTING AN OPTION TO EXTEND FOR AN
ADDITIONAL THIRTY (30) DAYS WITHOUT PAY

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 “One Hundred
(100) Day Maternity Leave Law,"

SEC. 2 Declaration of Policy.- it is the declared policy of the State under
Section 14, Article XII 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 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 who is appointed in government service, regardless


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31
32

of employment status, in any National Government Agency (NGA), Local
Government Unit (LGU), or Government Owned and Controlled Corporations
(GOCC), shall be granted a matemity leave of one hundred (100) days with full pay
based on her average weekly or regular wages, regardless if the delivery was normal
or through caesarian section, or for sixty (60) days if the female employee suffered a

miscarriage

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, at least forty five (45) days before the end of her regular
maternity leave.

SEC. 4. Maternity Leave for Female Employees in the Private Sector. -
Any pregnant female employee in the private sector shall be granted a maternity
leave of one hundred (100) days, regardless if the delivery was normal or through
caesarian section, or for sixty (60) days if the female employee suffered a

miscarriage.

(a) A female employee in the private sector who has paid at least three
(3) monthly contributions in the twelve-month period immediately
preceding the semester of her childbirth or miscarriage shall be paid
her daily maternity benefit, which shall be computed based on the
average monthly salary credit, for one hundred (100) days,
regardless if the delivery was normal or through caesarian section,
or for sixty (60) days if the female employee suffered a miscarriage,
Subject to the following conditions:

(1) That the employee shall have notified her employer of
her pregnancy and the probable date of childbirth,
which notice shall be transmitted to the Social
Security System (SSS) in accordance with the riles
and regulations it may provide;


\ (2) That the full payment shall be advanced by the

2 employer within thirty (30) days from the filing of the
3 maternity leave application;
4 (3) That payment of daily maternity benefits shall be a bar

to the recovery of sickness benefits provided under
6 Republic Act No. 1161, as amended, for the same

7 period, for which daily maternity benefits have been
8 received:
9 (4) That the matemity benefits provided under this Act

10 shall be paid only for the first four (4) deliveries or
ul miscarriages:

12 (8) That the SSS shall immediately reimburse the

1B employer of one hundred percent (100%) of the

Id amount of maternity benefits advances to the

15 ‘employee by the employer upon receipt of satisfactory

16 proof of such payment and legality thereof; and

7 (6) That is an employee member should give birth or

18 suffer miscarriage without the required contributions

19 having been remitted for her by her employer to the

20 SSS, or without the latter having been previously

2 notified by the employer of the time of the pregnancy,

2 the employer shall pay to the SSS damages

2B equivalent to the benefits which said employee

4 member would otherwise have been entitled to

25 (b) An additional maternity leave of thirty (30) days, without pay, can be
2% availed of, at the option of the employee: Provided, That the
27 employer shall be given due notice, in writing, at least forty five (45)
28 days before the end of her regular maternity leave:

29 (©) An employee availing of the matemity leave period and benefits
30 must receive not less than two-thirds (2/3) of their regular wages.
3 Employers from the private sector shall be responsible to pay the
32 salary differential between the actual cash benefits received from
33 the SSS covered employees and their average weekly or regular

34 wages, for the entire duration of the regular maternity leave, with


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the following exceptions, subject to the guidelines to be issued by
the Department of labor and Employment (DOLE);

(1) financially-distressed establishments, which are
exempted from payment of minimum wage as defined
by the existing guidelines of the DOLE;

(2) those retailsiservice establishments employing not
more that (10) workers;

(3) those who pay their workers on a purely commission.
boundary, or task basis, and those who paid a fixed
amount for performing a specific work

(4) those considered as micro business enterprises and
engaged in the production, processing, or
manufacturing or products or commodities including
agro-processing, trading, and services whose total
assets are not more than Three Million Pesos
(P3,000,000.00); and

(8) those who are already providing similar or more than
the benefits provided under this Act

SEC. 5. Non-diminution of Benefits.- Nothing in this Act shall be construes
as to diminish existing maternity benefits currently granted by employer with or
without collective bargaining agreements (CBA), or under present laws, 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 regular maternity
leave and 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 demotion in employment or
termination. The transfer to a parallel position or reassignment from one
organizational unit to another in the same agency shall be allowed: Provided, That it
‘shall not involve a reduction in rank, status or salary.


SEC. 7. Periodic Review. - The Government Service Insurance System
(GSIS) and the Social Security System (SSS) shall immediately conduct a review of
the maternity leave benefits of women employees, both in the government and in the
private sector. Thereafter. they shall include maternity leave benefits in their
valuation report conducted every four (4) years for the SSS and every three (3) years
for the GSIS, or more frequently as may be necessary, with the end in view of
meeting the needs of pregnant women and improving their welfare by increasing
existing maternal benefits

SEC. 8. Implementing Rules and Regulations. The Civil Service
Commission (CSC), the DOLE, together with the GSIS and the SSS shall issue the
necessary rules and regulations for the grant of this expanded maternity leave for all
female employees within six (6) months from the effectivity of this Act

SEC. 9. 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. 10. Repealing Clause.- Commonwealth Act No. 647 is hereby
repealed. Section 11, Book V of Executive Order No. 292 (Omnibus Rules on Leave)
and Rule XVI of the Omnibus Rules Implementing it, Article 133 of Presidential
Decree No. 442 or the Labor Code of the Philippines, and Section 140 A of Republic
Act No. 1161, as amended, are hereby further amended. Any other law, decree,
executive order, rules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified accordingly

SEC. 11. Effectivity.- This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,