Republic of the Philippines ,
HOUSE OF REPRESENTATIVES — varc@ © JUL 2016
Quezon City anc SOD

SEVENTEENTH CONGRESS
First Regular Session

ATION UNIT
# EQVICE

House Bill No, 1915

Introduced by Representative MICAELA S. VIOLAGO

EXPLANATORY NOTE.

Section 14, Article XIII of the 1987 Constitution provides, to wit:

“Section 14. 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.”

The proposed bill seeks for the development of a comprehensive
program that would benefit pregnant women who are employed during their
pregnancies. The bill provides that pregnant women will be entitled to medical
leave once every month for pregnancy related medical consultation in the
course of their pregnancy. It likewise provides the opportunity for employed
pregnant women to work flexible hours subject to certain conditions.

This bill have been previously filed in the 15" Congress by Rep. Maria
Evita R. Arago, in the 16" Congress by Rep. Lemuel Fortun and it is hoped
that it will finally see passage in the 17" Congress.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 1915

Introduced by Representative MICAELA S. VIOLAGO

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO PREGNANT
WOMEN AND THEIR FAMILIES, APPOPRIATING FUNDS THEREFOR 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 “Pregnant
Women’s Welfare Act.”

SEC. 2. Declaration of Policy. — It is policy of the State to promote the family
as the foundation of the nation, strengthen its solidarity and ensure its total
development. Towards this end, it shall develop a comprehensive program of
services for pregnant women and their families to be carried out by the Department
of Labor and Employment (DOLE), the Department of Social Welfare and
Development (DSWD), the Department of Health, and other related government and
nongovernment agencies.

SEC. 3. Definition of Terms. — For the purposes of this Act, the term

(1) Pregnant women means a woman expecting to deliver a child or
children, which shall continue until she has delivered such child or children or
has suffered a miscarriage.

(2) Family means the pregnant woman, her legitimate spouse with whom
she is cohabiting, and any children living with and dependent upon them who
are unmarried, unemployed and not more than eighteen (18) years of age, or
even over eighteen (18) years but are incapable of self-support because of
mental and/or physical defect/disability. If the pregnant woman is not lawfully
married or is a widow, “family” shall refer to herself, her and her legitimate
spouse's parents who are living with her, and any children living with her, and
any children living with any dependent upon her who are unmarried,
unemployed and not more than eighteen (18) years of age or even eighteen
(18) years but incapable of self-support because of mental and/or physical
defect/disability;


(3) Medical Leave means the leave benefits granted to a pregnant woman
to enable her to undergo a medical check-up related to her pregnancy;

(4) Flexible work schedule means the work of schedule granted to a
pregnant employee to enable her to undergo a medical check-up related to
her pregnancy.

SEC. 4. Criteria for Support. - Any pregnant woman whose income in the
place of domicile falls below the poverty threshold as set by the National Economic
and Development Authority and subject to the assessment of the DSWD worker in
the area shall be eligible for assistance: Provided, however, that any pregnant
woman whose income is above the poverty threshold shall enjoy the benefit
mentioned in Section 5,6 and 7 of this Act.

SEC. 5. Flexible Work Schedule. - The employer shall provide for a flexible
working schedule for pregnant women: Provided, that the same shall not affect
individual and company productivity: Provided, further, that any employer may
request exemption from the above mentioned requirements from the DOLE on
certain meritorious grounds.

SEC. 6. Work Determination. — Without prejudice to the relevant provisions
of the Labor Code and the implementing rules thereto, no employer shall
discriminate against any pregnant woman, employee with respect to terms and
conditions of employment.

SEC. 7. Medical Leave. — In addition to leave privileges under existing laws,
medical leaves of one (1) day during each month of the woman's pregnancy shall be
granted to enable her to undergo a medical check-up related to her pregnancy, or to
any ailment of affliction she may be suffering from as a result of her pregnancy;
Provided, she has previously furnished her employer a medical certificate confirming
her pregnancy and the ailment or affliction she may be suffering from is a result of
her pregnancy; Provided further, that she has rendered service of at least one (1)
year prior to her pregnancy; Provided further, that the same shall not affect individual
and company productivity; Provided further, that each time she takes such medical
leave, she notifies her employer at least five (5) days in advance.

SEC. 8. Medical Assistance. - The DOH shall develop a comprehensive
health care program for pregnant women. The program shall be implemented by the
DOH, through their retained hospitals and medical centers, and the local government
units (LGUs) through their provincial/district/municipal hospital and rural health units.

SEC. 9. Implementing Rules and Regulations. — An interagency committee
headed by the DOLE, in coordination with the DSWD and DOH, is hereby
established which shall formulate, within ninety (90) days upon the effectivity of this
Act, the organization and people's organizations.

SEC. 10. Penalties. — Any person, corporation, trust or firm, partnership,
association or any other entity found violating this Act or the rules and regulations
promulgated thereunder shall be punished by a fine not exceeding Twenty-five
thousand pesos (P25,000) or imprisonment of not less than thirty (30) days nor more
than six (6) months.


If the violation is committed by a corporation, trust or firm, partnership, association or
any other entity, the penalty of imprisonment shall be imposed on the entity's
responsible officers, including but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or partner directly responsible
therefor.

SEC. 11. Nondiminution Clause. — Nothing in this Act shall be construed to
reduce any existing benefits of any form granted under existing laws, decrees,
executive orders, or any contract, agreement or policy between employer and
employee.

SEC. 12. Repealing Clause. — All laws, decrees, executive orders,

administrative orders or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 13. Separability Clause. — |f any provision of this Act is held invalid or
unconstitutional, other provision not affected thereby shall continue to be in full force
and effect.

SEC. 14, Effectivity. — This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspaper of
general circulation

Approved,