Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" Congress
3" Regular Session

House Bill No. 6691

Introduced by Representative Maria Evita R. Arago

EXPLANATORY NOTE
The Constitution provides as State Policies the following provisions:

Section 12, The State recognizes the sanctity of family tife and
shall protect and strengthen the family as @ basic autonomous social institution.
it shail equally protect the life of the mother and life of the unbom from
conception.

Section 14. The State recognizes the role of women in nation-
building, and shail ensure the fundamental equality before the law of women and
men,

Section 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.

This bill seeks for the development of a comprehensive program that would
benefit pregnant women who are empioyed in the course of their pregnancies. Pregnant
women who are employed will enjoy the benefit of medical leaves once every month for
pregnancy related medical consultation. The bill likewise seeks to provide flexible
working hours for pregnant women as long as it will not affect adversely affect
productivity. This bill hopes to aid pregnant women during the course of their delicate
condition at the same time ensure that their employment will remain secure while they
are pregnant.

In the view of the foregoing, passage of this bill is earnestly co
to)

MARI iN . Al
3°? District


FIFTEENTH CONGRESS of the )
REPUBLIC OF THE PHILIPPNES
3" Regular Session )

HOUSE OF REPRESENTATIVES
6691

H.B. No.

INTROOUCED BY REPRESENTATIVE MARIA EVITA R. ARAGO

AN ACT
PROVIDING FOR THE BENEFITS AND PRIVILEGES TO PREGNANT WOMEN AND.
THEIR FAMILIES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES,

Be it enacted by the Senate and House of Representatives in Congress
assembled:

SECTION 1. Short Title. This Act shall be known as the “Pregnant Women’s.
Welfare Act.”

SECTION 2. Declaration of Policy. It is the 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 (DOH), and other related government and nongovernment
agencies.

SECTION 3. Definition of Terms. - For purposes of this Act, the term

(1) *Pregnant woman” 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 cf mental
and/or physical defectidisability. If the pregnant woman is not lawfully married or
a widow, “family” shall refer to hersetf, her and her legitimate spouse's parents
who are living with her, and any chikiren living with her, and any chitdren living
with and dependent upon her 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;

(3) “Medical leave" means the leave benefits granted to a pregnant woman to enable
her to undergo 4 medical check-up related to her pregnancy, or to any ailment or
affliction she may be suffering from as a result of her pregnancy.

(4) “Flexible work schedule” means the work of schedule granted to a pregnant
employee allowing her to vary her arrival and departure time without affecting the
core work hours as defined by the employer.

SECTION 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 (NEDA) and subject to the assessment of the DSWD worker in
the area shail be eligible for assistance: Provided, however, that any pregnant woman
whose income is above the poverty threshold shall enjoy the benefits mentioned in
Sections 5,6 and 7 of this Act.


a1

SECTION 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.

SECTION 6. Work Discrimination. — 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.

SECTION 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 or affliction she may be suffering from as a result of her pregnancy;
Provided, she has previously fumished 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.

SECTION 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/city/municipal hospital and rural health units.

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

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

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.

SECTION 11. Nondimunation 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.

Act shall be included in the budget of the concemed government agencies in the
General Appropriations Act of the year following its enactment into law and thereafter.

SECTION 13. 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.


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SECTION 14. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provision not affected thereby shall continue to be in full force
and effect.

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

Approved,