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01 JUL 2013

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 361

REPRESENTATIVE LAWRENCE LEMUEL H. FORTUN

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 has been previously filed in the 15" Congress by Rep. Maria Evita R. Arago and
it is hoped that it will see passage in the 16" Congress.

REP. LAWRENCE LE!
1" Districf, Agus


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,

SIXTEENTH CONGRESS
First Regular Session

361

HB. No.

Representative LAWRENCE LEMUEL H. FORTUN

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 of the Philippines in Congress assembled:

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

SEC. 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, and other related government and
nongovernment agencies.

SEC. 3. Definition of Terms. — For the 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 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
allowing her to vary her arrival and departure time without affecting the core work hours as defined
by the employer.

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 Discrimination. — Without prejudice to the relevant provisions of the Labor
Code and the implementing rules thereto, no employer shall discriminate against any pregnant


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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 or 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, 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 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. 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 included in the budget of the concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter.

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. If any provision of this Act is held invalid or unconstitutional,
other provision not affected thereby shall continue to be in fall force and effect.

SEC. 14. Efféctivity. — 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.

Annroved.