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Republic of the Philippines
HOUSE OF REPRESENTATIVE: Rr
Quezon City, Metro Manila BILLS AND ad

SEVENTEENTH CONGRESS
First Regular Session

483

HOUSE BILL NO.

Introduced by Honorable MARK A. VILLAR

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT
SERVICE AND IN THE PRIVATE SECTOR, 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

Article XIll, Sec. 14 of the 1987 Constitution states that, “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.”

Section 11 of the Omnibus Rules Implementing Book V of Executive Order
No, 292 as prescribed in The Revised Administrative Code of 1987 also provides for
the grant of maternity leave. It states that, "Every woman in the government service
who has rendered an aggregate of two (2) or more years in service, shall, in addition
to the vacation and sick leave granted to her, be entitled to matemity leave of sixty
(60) calendar days with full pay.”

In the private sector, in Section 14-A of Republic Act No. 1161, as amended,
or the Social Security Act, the law gives the working women in the private sector a
daily maternity leave benefit equivalent to one hundred percent (100%) of her
average daily salary credit for sixty (60) days or two (2) months of matemity leave for
normal delivery and seventy eight (78) days for caesarian delivery.


Under Article 133 of the Presidential Decree No. 442 or the Labor Code of the
Philippines, a qualified pregnant woman employee shall be entitled maternity leave
of at least two weeks prior to expected date of delivery and another four weeks after
normal delivery or abortion, or a total of six weeks matemity leave. By way of
practice, the provisions on the Social Security Law governs

These provisions of law cited above provide for maternity leave which is
considerably less than the 14 weeks maternity leave prescribed by the International
Labor Organization under Convention No. 183, which the Philippines has yet to
ratify. According to a study cited by Time magazine, mothers immediately resume
work after giving birth experiences disparaging health and increased parental stress

This, in turn, affects the total well-being of the family, including the health and
cognitive development of children.

This measure seeks to provide an additional 30 day maternity leave for
working mothers in the government and in the private sector to provide them with
sufficient time to take care of their newborn babies and regain their full health, This
will grant working mothers not only a longer time to bond with their babies but also
have a stronger chance to complete exclusive breastfeeding for six months.

In addition, the bill mandates the review of the policy on maternity leave
benefits for the employees in the private sector to ensure that their rights and welfare
are protected,

Itis for these reasons that | earnestly seek the passage of this bill

el:
MARK A. VILLAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS,
First Regular Session

483

HOUSE BILL NO._—*

Introduced by Honorable MARK A. VILLAR

AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO NINETY (90) DAYS FOR
FEMALE EMPLOYEES, MARRIED OR UNMARRIED, IN THE GOVERNMENT
SERVICE AND IN THE PRIVATE SECTOR, 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 by the
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Expanded
Maternity Leave Law of 2016."

SEC. 2. Declaration of Policy. - It is the declared policy of the State under
Article Xill, 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

Towards this end, and in consonance with local and international legal
instruments that protect and promote the rights of women, the State shall
institutionalize a mechanism to expand the matemity leave period of working women
to provide them with ample transition time to regain health and overall weliness as
well as to assume matemal roles before resuming full-time work.

SEC. 3. Maternity Leave for Female Employees in Government Service. -
‘Any pregnant female employee, married or unmarried, who was permanently or
temporarily appointed in government service of any National Government Agency
(NGA), Local Government Unit (LGU), or Government Owned and Controlled


Corporations (GOCC), who has rendered an aggregate service of at least six (6)
months for the last twelve (12) months, shall be granted a matemity leave of ninety
(90) days, with full pay based on her average weekly or regular wages, regardless if
the delivery was normal or caesarian. An additional matemity 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, before the lapse of the
seventy-fifth (75th) day of her maternity leave.

SEC. 4, Maternity Leave for Female Employees in the Private Sector.-
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 covered female

employee who has paid at least three monthly maternity contributions in
the twelve-month period preceding the semester of her childbirth, abortion,
or miscarriage and who is currently employed shall be paid a daily
maternity benefit equivalent to one hundred per cent of her present basic
salary, allowances and other benefits or the cash equivalents of such
benefits for [sixty (60) days or seventy-eight (78) days in case of caesarian
delivery] NINETY (90) DAYS subject to the following conditions:

a)

b)

°)

e)

f)

That the employee shall have notified her employer of her pregnancy
and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and regulations it
may provide;

The full payment shall be advanced by the employer within thirty (30)
days from the filing of the maternity leave application;

‘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;

That the maternity benefits provided under this section shall be paid
only for the first four (4) deliveries or miscarriages;

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

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


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, BEFORE THE LAPSE OF THE
SEVENTY-FIFTH (75TH) DAY OF HER MATERNITY LEAVE."

SEC. 5. Non-diminution of Benefits. - Nothing in this Act shall be construed
as to diminish existing maternity benefits under present laws and collective
bargaining agreements, 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.

SEC. 6. Security of Tenure. - Those who shall avail of the additional 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 termination from employment.

SEC. 7. Implementing Rules and Regulations.- The Civil Service
Commission, the Department of Labor and Employment, together with the
Government Service Insurance System (GSIS) and the Social Security System
(SSS) shall issue the necessary rules and regulations for the grant of this expanded
maternity /eave for all female employees.

SEC. 8. Separability Clause. - If, for any reason, a provision or part hereof is
declared invalid, other provisions not affected thereby shall remain in full force and
effect.

SEC. 9. 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.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) day after its
publication in the Official Gazette or in a newspaper of general circulation

Approved