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jll'rmb 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
(~H,;r "f Hl.,~",·t .. ~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"14 
JAN 27 P 4 :52 
SENATE 
S. B. NO. 
2084 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
Article II, Section 14 of the Constitution states: 
"Section 14. The State recognizes the role of women in nation-building, and 
shall ensure the fundamental equality before the law of women and men." 
Articie XIII, Section II ofthe Constitution states: 
"Section 11. The State shall adopt an integrated and comprehensive approach to 
health development which shall endeavor to make essential goods, health and 
other social services available to all the people at affordable cost. There shall be 
priority for the needs of the under-privileged, sick, elderly, disabled, women, 
and children. The State shall endeavor to provide free medical care to paupers:' 
Furthermore, Article XIII, Section 14 of the Constitution states: 
"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." 
Under Republic Act No. 8282, as amended, 'or the Social Security System Act, women are 
given a paid maternity leave of only sixty (60) days or seventy-eight (78) days for those who 
went through caesarian delivery. The maternity leave benefit granted to working women in 
the private sector is less than the recommended fourteen (14) weeks maternity leave under the 
2000 International Labor Organization Maternity Protection Convention No. 183 (ILO 
Convention), 
The proposed law intends to increase the maternity leave benefits granted to working women 
in the private sector to one hundred twenty (120) days. 
The proposal recognized that 
extending the maternity leave affords working women an opportunity to realize their full 
potential in the work force without compromising their health, and more importantly, 
motherhood aJ;ld family life. Furthermore, the extended maternity leave likewise encourages 
and promotes breastfeeding, consistent with the policies adopted by the state in Republic Act 
No. 1002S,otherwise known as the Expanded Breastfeeding Promotion Act of 2009, which 
gives prime consideration to the health conditions of children. 


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The proposed law is also consistent with international treaties and conventions to which the 
Philippines is a signatory, particularly, the Convention on the Elimination of Discrimination 
Against Women (CEDAW). CEDAWeinphasizes the significance of enacting supporting 
social services to enable parents to combine family obligations with work responsibilities. 
There have been, in the past, series of proposals to increase the maternity leave benefits of the 
working women in the private sector. Regrettably, to date none have been enacted into law. 
It is therefore strongly urged that the passing of this bill be granted utmost importance. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
S NANCY S. BINAY 


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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
..irrlllfr 
(~fh;< "f t~ • .:f,mrtnt~ 
First Regular Session 
) 
·14 
JAN 27 P 4 :52 
SENAlJ<; 
S.B.NO. 
~u84 
RtX'EIVEO B\;~~~ 
Introduced by Senator Maria Lourdes Nancy S. Binay 
AN ACT FURTHER INCREASING THE MATERNITY LEAVE BENEFITS OF WOMEN 
IN PRIVATE SECTOR, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 
8282, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY ACT OF 
1997, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 14-A of Republic Act 1161, as amended, otherwise known as the 
Social Security Act of 1997, is hereby amended to read as follows: 
"SECTION 14-A. Maternity Leave Benefit. -
A female member 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 a daily maternity benefit equivalent to one hundred percent 
(100%) of her average daily salary credit for [sixty (60) days or seventy 
eight (78) days] ONE HUNDRED TWENTY (120) DAYS [in case of 
caesarean delivery], subject to the following conditions: 
(a) 
That the employee shall have notified her employer of her 
pregnancy and the probable date of her childbirth, which notice 
shaH be transmitted to the SSS in accordance with the rules and 
regulations it may provide; 
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(b) 
The full payment shall be advanced by the employer within thirty 
(30) days from the filing of the maternity leave application; 
(c) 
That payment of daily maternity benefits shall be a bar to the 
-recovery of sickness benefits . provided by this Act for the same 
period for which daily maternity benefits have been received; 
(d) 
That the maternity benefits provided under this section shall be 
paid only for the first four (4) deliveries or miscarriages; 
(e) 
That the SSS shall immediately reimburse the employer of one 
hundred percent (100%) of the amount of maternity benefits 
advanced to the employee by the employer upon receipt of 
satisfactory proof of such payment and legality thereof; and 


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(f) 
That if an employee member should give birth or suffer 
miscarriage without the required contributions having been 
remitted for her by her employer to the SSS, or without the latter 
having been previously notified by the employer of the time of the 
pregnancy, the employer shall pay to the SSS damages equivalent 
to the benefits which said employee member would otherwise have 
been entitled to. 
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MATERNITY LEAVE SHALL BE EXTENDED WITHOUT PAY 
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ON ACCOUNT OF ILLNESS MEDICALLY CERTIFIED TO 
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ARISE 
OUT 
OF 
THE 
PREGANCY, 
DELIVERY 
OR 
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MISCARRIAGE. 
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SECTION 2. Separability Clause. If any portion or provision of this Act is declared void 
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and unconstitutional, the remaining portions or provisions hereof shall not be affected by 
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such declaration. 
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SECTION 3. Repealing Clause. 
All laws, decrees, orders, rules and regulations, other 
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issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
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modified accordingly. 
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SECTION 4. Effectivity Clause. 
This Act shall take effect fifteen (15) days after its 
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complete publication in at least two (2) national newspapers of general circulation. 
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Approved, 
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