SEVENTEENTH CONGRESS 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S.B. No. 1 2 6 2
KEaiVEOIV'.
In tro d u ced  by SENATOR LOREN LEGARDA
AN 
ACT 
INCREASING 
THE 
MATERNITY 
LEAVE 
OF 
FEMALE 
EMPLOYEES PERIOD TO ONE HUNDRED (100) DAYS AND GRANTING 
AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS 
WITHOUT PAY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
1161, AS AMENDED, AND FOR OTHER PURPOSES
Explanatory Note
The m aternity leave benefit recognizes the im portance of granting time for a 
new m other to nurture her newborn baby and ensure the well being of both 
parent and child. Further, it is intended to allow a sm ooth transition for a 
m other who is an employee in the workplace to adopt a m aternal role. This 
bill underscores the S tate’s obligation to allow women to spend adequate 
time to assum e their roles as m others and as equal partners of m en in 
nation-building.
Article XIII Social Justice and H um an Rights, Section 14 of the Constitution 
states that:
“The State shall protect working women by providing safe and healthful 
working conditions, taking into account their m aternal functions, and 
such facilities and opportunities th at will enhance their welfare and 
enable them  to realize their full potential in the service of the nation.”
Through this legislative m easure, the m aternity leave period is increased to 
one hundred (100) days with pay for female employees both in governm ent 
and in the private sector. Further, an option to extend for an additional 
thirty (30) days w ithout pay is created.
For these considerations, the passage of this bill is earnestly sought.
—^LOREN LEGARDA
Senator


SEVENTEENTH CONGRESS 
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REPUBLIC OF THE PHILIPPINES j
First Regular Session 
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Senate
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SENATE
RECEIVED IT.
S.B. No. 12G2
In tro d u ced  by SENATOR LOREN LEGARDA
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AN 
ACT 
INCREASING 
THE 
MATERNITY 
LEAVE 
OF 
FEMALE 
EMPLOYEES PERIOD TO ONE HUNDRED (100) DAYS AND GRANTING 
AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS 
WITHOUT PAY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
1161, AS AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assem bled:
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SECTION 1. S h o rt T itle.
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M aternity Leave Law.”
- This Act shall be known as the "Expanded
Sec. 2. D eclaration o f Policy. - It is the declared policy of the State under 
Article Xlll, Sec. 14 of the 1987 Constitution to protect and promote the 
rights and welfare of working women, taking into account their m aternal 
functions, and to provide an enabling environm ent in which their full 
potential can be achieved.
Towards this end, and in consonance with local and international legal 
instrum ents th at protect and promote the rights of women, the State shall 
institutionalize a m echanism  to expand the m aternity leave period of 
working women in all labor sectors to provide them  with ample transition 
time to regain health and overall wellness as well as to assum e m aternal 
roles before resum ing full-time work.
Sec. 3. M atern ity  Leave for Fem ale E m ployees in th e G overnm ent 
Service. - A pregnant female employee in the governm ent service, regardless 
of employment status, including those employed in a Local Government Unit 
(LGU) or Government Owned and Controlled Corporation (GOCC), shall be 
granted a m aternity leave of one hundred (100) days with full pay based on 
her average weekly or regular wages.
An additional m aternity leave of thirty (30) days, w ithout pay, can be availed 
of, at the option of the employee; Provided, that the head of the agency shall 
be given due notice, in writing, at least forty five (45) days before the end of 
her ordinary m aternity leave.
Sec. 4. M aternity Leave for Fem ale E m ployees in th e  P rivate Sector. - A
pregnant female employee in the private sector shall be granted a m aternity 
leave of one hundred (100) days, regardless if the delivery was norm al or 
caesarian.


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(a) Section 14-A of Republic Act 1161, as am ended, otherwise known as the
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Social Security Act of 1997, is hereby further am ended to read as follows:
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"Section 14-A. M aternity Leave Benefit. - A female m em ber who has
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paid at least three (3) m onthly contributions in the twelve-month
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period immediately preceding the 
sem ester of her childbirth or
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m iscarriage shall be paid HER [a] daily m aternity benefit [equivalent
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to] WHICH SHALL BE COMPUTED BASED ON THE AVERAGE
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MONTHLY SALARY CREDIT, [one hundred percent (100%) of her
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average daily salary credit for sixty (60) days or seventy-eight (78)
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days in case of caesarian delivery] FOR ONE HUNDRED (100) DAYS,
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REGARDLESS IF THE DELIVERY WAS NORMAL OR CAESARIAN,
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subject to the following conditions: xxx
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(b) An additional m aternity leave of thirty (30) days, w ithout pay, can be
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availed of, at the option of the employee; provided, th at the employer shall
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be given due notice, in writing, at least forty five (45) days before the end of
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her ordinary m aternity leave.
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(c) Employees availing of the m aternity leave period and benefits m ust
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receive not less than two-thirds (2/3) of their regular m onthly wages.
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Employers from the private sector shall be responsible to pay the salary
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differential between the actual cash benefits received from the SSS by the
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covered employees and their average weekly or regular wages, for the entire
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duration of the ordinary m aternity leave, except:
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(a) those operating distressed establishm ents;
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(b) those retail/service establishm ents employing not more than ten
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(10) workers;
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(c) those who pay their workers on a purely comm ission, boundary,
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or task basis, and those who are paid a fixed am ount for
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performing a specific work;
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(d) those considered as micro business enterprises and engaged in
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the production, processing, or m anufacturing of products or
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commodities including agro-processing, trading, and services
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whose total assets are not more than Three Million Pesos
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(P3,000,000.00); and
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(e) those who are already providing sim ilar or more than the
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benefits herein provided.
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Sec. 5. N on-dim inution o f B enefits. - Nothing in this Act shall be
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construed as to dim inish existing m aternity benefits currently granted by
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employer with or without collective bargaining agreem ents (CBA), or
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under present laws, if more beneficial to the female employee. Any other
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working arrangem ent which the female employee shall agree to, during the
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additional m aternity leave period, shall be allowed; Provided, That this shall
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be consented to in writing by the employee and shall primarily consider her
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m aternal functions and post-natal care.
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Sec. 6. S ecu rity  o f T enure. - Those who shall avail of the ordinary
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m aternity leave and the additional 30-day m aternity leave, w hether in the
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governm ent service or private sector, shall be assured of security of tenure.
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As such, the exercise of this option by them  shall not be used as basis for


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motion in em ploym ent or term ination. The transfer to a parallel position or 
reassignm ent from one organizational unit to another in the sam e agency 
shall be allowed; Provided, That it shall not involve a reduction in rank, sta­
tus or salary.
Sec. 7. Periodic Review. - The Government Service Insurance System 
(GSIS) and the Social Security System (SSS) shall immediately conduct a re­
view of the m aternity leave benefits of women employees in the government 
service and the private sector, respectively. Thereafter, they shall include 
m aternity leave benefits in their regular valuation report, with the end in 
view of m eeting the needs of pregnant women and improving their welfare by 
increasing existing m aternal benefits.
Sec. 8. Im p lem en tin g  R ules and R egulations. - The Civil Service Commis­
sion (CSC), the D epartm ent of Labor and Employment (DOLE), together with 
the GSIS and the SSS shall issue the necessary rules and regulations for 
the grant of this expanded m aternity leave for all female employees.
Sec. 9. S eparability C lause. - If, for any reason, a provision or part hereof 
is declared invalid, other provisions not affected thereby shall rem ain in full 
force and effect.
Sec. 10. R epealing C lause. - All laws, decrees, executive orders, rules and 
regulations contrary to or inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly, specifically Section 1 of Common­
wealth Act No. 647, Section 11 of the O m nibus Rules Im plementing Book V 
of Executive Order No. 292 as prescribed in The Revised Administrative 
Code of 1987, Article 133 of the Presidential Decree No. 442 or the Labor 
Code of the Philippines, and Section 14-A of Republic Act 1161, as am end­
ed.
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Sec. 11. E ffectivity. - This Act shall take effect fifteen (15) day after its 
publication in the Official Gazette or in a new spaper of general circulation.
Approved,