Republic of the Philippines
House of Representatives

Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

081

3
HOUSE BILL No.

Introduced by Representative RONALD S. ANG (AKO BICOL Partylist)

AN ACT
ESTABLISHING A SHARED PARENTAL LEAVE POLICY THAT GRANTS AN
OPTION TO FEMALE WORKERS IN THE GOVERNMENT SERVICE AND IN THE
PRIVATE SECTOR TO SHARE THEIR LEAVE BENEFITS WITH THEIR SPOUSES,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to establish a shared parental leave where the maternity leave
benefits can be shared to the child’s father which will enable the latter to give more
time to care for his child and aid in his wife's recovery. The additional leave that can
be enjoyed by the husband is crucial in case the mother experiences sudden and
unpredictable complications that would render her incapable of taking care of the
new born during the said period.

Section 12, Article 2, of the 1987 Constitution provides:

SEC. 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.
Itshall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

Laws relating to family rights and duties instruct that both parents are
responsible for the care and welfare of children up to the age of 18. The law presumes
that it is best for most children if both parents cooperate and share equal parental
responsibility. In most countries in Europe, parents enjoy a shared parental leave
policy that help women return to work and help men become more involved in taking
care of their new born.

Ina research paper entitled “Factors Affecting Mental Health Utilization in the
Philippines” published by the then National Statistics Office (NSO), it was reported
that although most women do not experience major problems during labor and
delivery, complications that do occur can be unpredictable and sudden. It is also
claimed that “a number of the problems women experience surrounding childbirth
occur in the postpartum period, the six weeks following delivery.” Thus, apart from


the need to improve health care services and programs in the country, it is also
necessary to increase husband’s participation in aiding his wife during and after
delivery.

In the Philippines, the law regarding the number of days legislated for
paternity leave is arbitrary. Republic Act No. 8187 or otherwise known as “Paternity
Leave Act” was enacted in order for the husband to effectively render support, care,
and assistance to the wife in her period of recovery and/or in the nursing of the newly
born child. However, our present law only grants the father a leave of seven (7) days.

In view of the foregoing, urgent approval of this bill is earnestly sought.



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8081

Introduced by Representative RONALD S. ANG (AKO BICOL Partylist)

AN ACT
ESTABLISHING A SHARED PARENTAL LEAVE POLICY THAT GRANTS AN
OPTION TO FEMALE WORKERS IN THE GOVERNMENT SERVICE AND IN THE
PRIVATE SECTOR TO SHARE THEIR LEAVE BENEFITS WITH THEIR SPOUSES,
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 "Co-Parenting Act of 2019".

Section 2. Declaration of Policy. — It is hereby declared the policy that the state
recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall
receive the support of the Government

Section 3. Coverage— Any worker in the government service, regardless of employment
status, in any National Government Agencies (NGAs), Local Government Units (LGUs),
Government-Owned and Controlled Corporations (GOCCs), or State Universities and
Colleges (SUCs), shall be entitled to avail the shared parental leave. The same benefit shall
likewise be available to all workers in the private sector, regardless of their employment
status. Provided, That the head of the agency or the employer shall be given due notice,
in writing, at least thirty (30) days before the availment of the said parental leave.

Section 4. Grant of Shared Parental Leave — All covered female workers in government
and private sector entitled to maternity leave benefits under existing laws may, at her
option, allocate up to sixty (60) days of said benefits to the child’s father, whether or not
the same is married to the female worker. The shared period of leave to the child’s father
shall be in addition to the seven (7) days paternity leave granted under RA 8187 or
otherwise known as the “Paternity Leave Act”

Shared parental leave shall be granted to alll workers in every instance of pregnancy or
miscarriage, regardless of frequency. Provided, That in case of miscarriage, the female
worker, at her option, can only allocate to the child’s father a period of thirty (30) days of
maternity leave, for purposes of enabling him to effectively lend support to his female
partner/spouse in the latter’s period of recovery.


Enjoyment of shared parental leave cannot be deferred but should be availed of either
before or after the actual period of delivery in a continuous and uninterrupted manner.

Section 5. In case of Death, Absence or Incapacity of the male partner/spouse — In case
of death, absence or incapacity of the male partner/spouse, the benefit may be allocated
to an alternative caregiver who may be a relative within the fourth degree of consanguinity
or the current partner of the female worker sharing the same household, upon election of
the mother taking into account the best interest of the child.

Section 6. Non-Diminution of Benefits - Nothing in this Act shall be construed as to
diminish existing maternity and paternity benefits currently enjoyed whether or not the
same are granted under collective bargaining agreements (CBA) or present laws, if the
same are more beneficial to the female and male worker. Any other working arrangement
which the worker shall agree to, during the additional leave period, shall be allowed.
Provided, That this shall be consented to in writing by the female worker and shall
primarily uphold her maternal functions and the requirements of post-natal care.

Section 7. Security of Tenure. — Those who avail of the benefits of this Act, 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 organization
unit to another in the same agency shall be allowed: Provided, That, it shall not involve a
reduction in rank, status or salary.

Section 8. Periodic Review. — The Civil Service Commission (CSC), the Department of
Labor and Employment (DOLE) and the Social Security System (SSS), in consultation
with trade unions and labor organizations, shall immediately conduct a review of
maternity and paternity leave benefits of the workers in the government service and the
private sector, respectively. Thereafter, they shall include maternity and paternity leave
benefits in their valuation report conducted every four (4) years for the SSS and the DOLE.
and every three (3) years of the CSC, or more frequently as maybe necessary, with the end
in view of meeting the needs of pregnant women and newly born infants and improving
their welfare.

Section 9. Implementing Rules and Regulations — The CSC, DOLE and the SSS shall
issue the necessary rules and regulations for the effective implementation of this Act
within six (6) months from the effectivity of the same.

Section 10. Separability Clause - If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shall not be
affected thereby.

Section 11. Repealing Clause — All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

Section 12. Effectivity. — This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,