SENATE BILL No. 2982
AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED (100) DAYS FOR FEMALE EMPLOYEES 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
(In Substitution of Senate Bill Nos. 288, 2083, 2084, 2661, and 2710)
SECTION 1. Short Title. – This Act shall be known as the “Expanded Maternity Leave Law of 2015.”
SEC. 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.
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 maternity leave period of working women to provide them with ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming full-time work.
SEC. 3. Maternity Leave for Female Employees in Government Service. – Any pregnant female employee who was appointed in government service, regardless of employment status, in any National Government Agency (NGA), Local Government Unit (LGU), or Government Owned and Controlled Corporations (GOCC), shall be granted a maternity leave of one hundred (100) days, with full pay based on her average weekly or 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.
SEC. 4. Maternity Leave for Female Employees in the Private Sector.- Any pregnant female 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 shall 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 caesarian delivery] FOR ONE HUNDRED (100) DAYS, REGARDLESS IF THE DELIVERY WAS NORMAL OR CAESARIAN, subject to the following conditions: xxx
(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:
(a) those operating distressed establishments;
(b) those retail/service establishments employing not more than ten (10) workers;
(c) those who pay their workers on a purely commission, boundary, or task basis, and those who are paid a fixed amount for performing a specific work;
(d) those considered as micro business enterprises and engaged in the 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
(e) those who are already providing similar or more than the benefits herein provided.
SEC. 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 (CBA), 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.
SEC. 6. Security of Tenure. – Those who shall avail of the ordinary maternity leave and 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 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.
SEC. 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.
SEC.B. 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.
SEC. 9. Separabifity 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. 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.
SEC. 11. Effectivity. – This Act shall take effect fifteen (15) day after its publication in the Official Gazette or in a newspaper of general circulation.