HOUSE 9F TATIVE!
Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVI — 22 AUG 2016
Quezon Cit * ae
mh TIME: SAS
SEVENTEENTH CONGRESS

First Regular Session

|
; 29 REGISTRATION UNIT
HOUSE BILLNO.__ 3224 puis ano incr X SRV

Introduced by HON. GUS S, TAMBUNTING

EXPLANATORY NOTE

This bill aims to empower women in the workplace by increasing the number of days
allowed for their maternity leave to give them adequate time to give birth, recover and to
nurse their children.

Starting and raising a family is a goal for many female employees. Unfortunately,
pregnancy is also a very vulnerabie time for pregnant women who are working. They need
protection in terms of job security and equal access to employment for these ensure the
continuation of the vital income that they depend on to sustain their well-being and provide
for their family’s various needs.

Currently, the Philippine labor iaws grant women only sixty (60) days of paid
maternal leave for normal delivery and seventy eight (78) days for caesarian delivery. This
is far below the international standard of fourteen (14) weeks maternity leave.

Itis the intention of this bill that by increasing and standardizing paid maternity leave
of one hundred (100) days regardless of type of delivery, and by providing them with job
security, we will be able to achieve genuine equality of opportunity and treatment between
men and women in the workplace and enable them to raise their families in secured
conditions. *

In view of the foregoing, the approval of this bill is highly and earnestly
recommended, y



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Seg A

dees
HOUSE BILL NO.

Introduced by HON. GUS S. TAMBUNTING

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD FOR FEMALE EMPLOYEES IN
THE GOVERNMENT SERVICE AND IN THE PRIVATE SECTOR TO ONE HUNDRED
(100) DAYS, AND GRANTING AN OPTION TO EXTEND FOR AN ADDITIONAL
THIRTY (30) DAYS WITHOUT PAY AND FOR OTHER PURPOSES.

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

SECTION 1. Short Tite. — This‘Act shall be known as the "Expanded Maternity Leave

Act of 2016." we

SECTION 2. Declaration of Policy. ~ It is the declared policy of the State under Article
XIII, Sec. 14 of the 1987 Constitution to protect and promote the rights and welfare of
working women, taking into account:their maternal functions, and to provide an enabling
environment in which their full potential can be achieved. In this regard, and with
consonance to the International Labor Organization’s Maternity Protection Convention which
entitles women to maternity jeave of:not less than fourteen (14) weeks and other local and
international legal instrumentalities that pfotect and promote the rights of women, the State
shall institutionalize a mechanism to expand the maternity leave period of working women
to provide them with ample time to regain their health and strength as well as to initially
care for their child and form a maternal bond before resuming full-time work,

SECTION 3. Maternity Leave for Female Employees in Government Service. ~ Any
pregnant female employee in the government service, regardless of employment status, in
any National Government Agency (NGA), Local Government Unit (LGU), or Government
Owned and Controlled Corporations (GOCC), shali be granted a maternity leave of one
hundred (100) days, with full pay based on her regular wages, regardless if the delivery
was normal or caesarian. An additional maternity leave of thirty (30) days, without 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
maternity leave.


SECTION 4. Maternity Leave for Female Employees in the Private Sector. - Any
pregnant femaie employee in the private sector shall be granted a maternity leave of one
hundred (100) days, regardless if the delivery was normal or caesarian.

{a) Section 14-A of Republic Act 1161, as amended, otherwise known as the Social
Security Act of 1997, is hereby further 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 shail be paid HER [a] daily maternity benefit [equivalent to]
WHICH SHALL BE COMPUTED BASED ON THE AVERAGE MONTHLY SALARY CREDIT,

~ [one hundred percent (100%) of her: average daily salary credit for sixty (60) days or
seventy-eight (78) days in case of caesdyian delivery] FOR ONE HUNDRED (100) DAYS,
REGARDLESS IF THE DELIVERY WAS: NORMAL OR CAESARIAN, subject to the following
conditions: »xx ‘

(b) An additional maternity leave of thirty (30) days, without pay, can be availed of, at
the option of the employee; provided, that the employer shall be given due notice, in
writing, at least forty five (45) days before the end of her ordinary maternity leave.

(c) Employees availing of the maternity leave period and benefits must receive not less
than two-thirds (2/3) of their regular monthly wages. Employers from the private sector
shall be responsible to pay the salary differential between the actual cash benefits
received from the SSS by the covered employees and their average weekly or regular
wages, for the entire duration of the ordinary maternity leave, except:

(1) those operating distressed establishments;
(2) those retail/service establishments employing not more than ten (10) workers;

(3) those wiso pay their workers on a purely commission, boundary, or task basis,
and those who are paid a fixed amount for performing a specific work;

(4) those considered as micro business enterprises and engaged in ihe production,
processing, or manufacturing or products or commodities including agro-processing,
trading, and services whose total assets are not more than three million Pesos (P
3,000,000.00); and

(5) those who are already providing similar or more than the benefits herein
provided.

SECTION 5, Non-diminution of Benefits. - Nothing in this Act shall be construed as
to diminish existing maternity benefits currently granted by employer with or without.
collective bargaining agreements (CSA), or under present laws, if more beneficial to the
female employee. Any other working arrangement which the female employee shall agree
to, during the additional maternity leave period, shall be allowed; Provided, That this shall
be consented to in writing by the employee and shall primarily consider her maternal
functions and post-natal care,


SECTION 6. Security of Tenure. — Those who shall avail of the ordinary maternity
leave and the additional thirty (30) day maternity leave, whether in the government service
or private sector, shall be assured of security of tenure. As such, the exercise of this option
by them shall not be used as basis for demotion in employment or termination. The transfer
to a parallel position or reassignment from one organizational unit to another in the same
agency shall be allowed: Provided, That it shall not involve a reduction in rank, status or
salary.

SECTION 7. Periodic Review. - The Government Service Insurance System (GSIS)
and the Social Security System (SSS) shall immediately conduct a review of the maternity
leave benefits of women employees in the government service and the private sector,
respectively. Thereafter, they shall include maternity leave benefits in their valuation report
conducted every four (4) years for the SSS and every three (3) years for the GSIS, or more
frequently as may be necessary, with the end in view of meeting the needs of pregnant
women and improving their welfare by increasing existing maternal benefits,

SECTION 8. implementing Rules and Regulations, - The Civil Service Commission
(CSC), the Department 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 maternity
leave for all female employees.

SECTION 9. Separability Clause. — Tf, for any reason, a provision or part hereof is
declared invaiid, other provisions not affected thereby sha! remain in full force and effect.

SECTION 10. Repealing Clause. ~' 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 Commonwealth Act No. 647, Section 11 of
the Omnibus Rules Implementing 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 amended,

SECTION 11. Effectivity. ~ This Act shall take effect fifteen (15) day after its
publication in the Official Gazette and in a newspaper of general circulation.

Approved,