House ratifies bicam conference report on expanded maternity leave bill
The House of Representatives ratified on Wednesday the bicameral conference committee report on House Bill 4113 and Senate Bill 1305, which increases the maternity leave period to 105 days for female workers.
Also known as the proposed "105-Day Expanded Maternity Leave Law," the measure seeks to provide all female workers in the government, private, and informal sectors, regardless of civil status or the legitimacy of their child, with 105 days of maternity leave.
Single parents shall be granted an additional 15 days maternity leave with full pay. Female workers are further given the option to extend for an additional 30 days without pay.
Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of a pregnancy, regardless of frequency. For cases of miscarriage or emergency termination of pregnancy, 60 days maternity leave with full pay shall be granted.
Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner.
Any female worker in the government service, regardless of employment status, in national government agencies, local government units (LGUs), government-owned or-controlled corporations (GOCCs), or state universities and colleges (SUCs) shall be granted a maternity leave of 105 days with full payment regardless if the delivery was normal or caesarian.
Any employee who qualifies as a single parent under Republic Act No. 8972 or the "Solo Parents' Welfare Act" shall be paid an additional maternity benefit of 15 days.
An additional maternity leave of 30 days without pay can be availed at the option of the female worker.
Maternity leave of 60 days with full pay shall be granted for miscarriage or emergency termination of pregnancy.
Any pregnant female worker in the private sector shall be granted a maternity leave of 105 days with full pay, regardless of whether she gave birth via caesarian section or natural delivery.
Maternity leave of 60 days with full pay shall be granted for miscarriage or emergency termination of pregnancy.
In case the employee qualifies as a solo parent under RA 8972, the employee shall be paid an additional maternity benefit of 15 days.
An additional maternity leave of 30 days without pay can be availed of at the option of the female worker.
The maternity leave pay of a female worker shall be exempted from income tax.
Any female worker entitled to maternity leave benefits as provided in the Act may, at her option, allocate up to seven days of said benefits to the child's father, whether or not the same is married to the female worker.
Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than 15 calendar days after the termination of an employee's service, as her right thereto has already accrued.
If such period is not applicable when the employment of the pregnant woman has been terminated without just cause, the employer will pay her the full amount equivalent to her salary for 105 days for childbirth and 60 days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated.
The maternity leave can be credited as combinations of prenatal and postnatal as long as it does not exceed 105 days and that compulsory postnatal leave shall not be less than 60 days.
Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy.
Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the Social Security System (SSS) at least three monthly contributions in the 12-month period immediately preceding the semester of her childbirth, miscarriage, or termination of pregnancy.
Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the "Social Health Insurance Coverage and Benefits for Women About To Give Birth".
Any female worker in the government sector and in the private service can still avail and enjoy the maternity leave benefits under this Act even if she has a pending administrative case.
National athletes are likewise entitled to the same maternity leave benefits provided under the Act. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six months after.
Female national athlete employed in the public sector shall not receive double compensation or benefits.
The bill provides that nothing in the Act shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws if the same are more beneficial to the female worker.
Any other working agreement which the female worker shall agree to, during the additional maternity leave period shall be allowed.
The measure further states that those who avail of the benefits provided in the Act, whether in the government service or private sector, shall be assured of security of tenure. The exercise of this option by them shall not be used as basis for demotion in employment or termination.
No employer whether in the public or private sector shall discriminate against the employment of women in order to avoid the benefits provided in the Act.
The penalty of a fine of P20,000 to P200,000 and imprisonment of six years to 12 years, or both, shall be imposed on whoever fails or refuses to comply with the provisions of the Act.
If the act or omission penalized in the Act shall be committed by an association, partnership, corporation, or any other institution, its managing head, directors, or partners shall be liable to the penalties provided in the Act for the offense.
Failure on the part of any association, partnership, corporation, or private enterprise to comply with the provisions in the Act shall be a ground for non-renewal of business permits.
The bill mandates the Civil Service Commission (CSC), the Department of Labor and Employment (DOLE), the SSS, and the Gender Ombud of the Commission on Human Rights (CHR), in consultation with trade unions, labor organizations, and employers' representatives to, within one month after the effectivity of the Act, conduct a review of the maternity leave benefits of female workers in the government service and the private sector, respectively. DMS
