Reyacotte Blips Congress af the Pllippines ‘Bie fea Seventh Congress Uy Regal Besson Bogun and hold in Mateo Mani, on Mandy, the twenty-third ayo ly, two use ean [RerusuicActNo. 11210) AN ACT INCREASING THE MATERNITY LEAVE PERIOD 70 ONE HUNDRED FIVE (105) DAYS FOR FEMALE WORKERS WITH AN OPTION 70 EXTEND FOR AN ADDITIONAL THIRTY 30) DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS. AND FOR OTHER PURPOSES Be tenactad by the Senate ont House of Representatives ofthe ‘Philippines in Congres semble SHCTION 1. Shor Tie. ~ Tie Act shall be kuown and ‘ted ae che "105-Day Expanded Maternity Leave Law ‘380.2 Deloroton of ey. — Te the declared palcy of the State under Avie Rill, Sestiem 14 of the 198 ‘Constitution to protect and promote the sights and welt of ‘working wore, taling ilo acsoen thir maternal une Ghd te provide ‘am enabling envitoneat in whic thee fal potential eam be schiseedArticle Hl, State Policies, Section 12 of the 1987 Conte pecvdes that the Sate resus the ancy of family Ifo and ell protoct and stengtben the famy 2 Use Tse attocomous ata intution and thats aall equally protect the ie of tho motor and the fee te wer fom fonreption. Moreover Sections 17 and 22 of Republic Act [No 9710,etherwice Known ae "The Magns Carta of Women’ provides for womens nights to heath and dent war. Teaches ten ad in wonsin of wanes tera fanetion asa social reeponeibiby the Stale. shall EESSoalln echidna nee {eto of women worker. This wil provide them with ape {ansition ne to regain health and overall wells ‘to assume nstroal role before resuming paid work The ‘ti omettot sth ll ao intentional leg intoments thar protec end promote the ghta uf Women SEC. 3. Grant of Maternity Leo. ~ All covered female workers in government and te private sco, Indu thse In the informal economy, regaross of iil status or the leptimocy af hor dla be granted oe hundred Sve 108) faye maternity Ine with fall yay and a0 option to extend {ean aditional thirty (2) days without pay: Provided, Tat sn cao tho workor qualifies oslo parent under Repub ‘Ac No. 8072 or the “Solo Parente’ Walle At the worker hal be granted an sddsional fee (8) day maize leave ‘eth fal pay Bijoyment of maternity Have cannot be dered but shouldbe avid of thor before x after the staal period dairy in confinoows and uninterrupted tanner, nt ‘execeding one hundred five (105) days, asthe cate mey be Maternity Have ball be granted to female workers in svorp instance of pregnancy. miscarriage or emerrency termination of pognaney,reerdlws of fequenc: Provided, ‘hat fr cases of mcarvage or emergency termination of rognany et (60) daye matory Tove wi fal pay bal fe ra SC, 4. Maternity Leave far Femole Workers in the Pablie Sector. Any pregnant female worker in The government oorvice,regurdlace of employment Fatus, in Navonal Gonernmest Agencies (NGA0, Local Goverasent ‘Unite (1GU, Goveranent-Owned or -Contrtied Corporations (GCC, or State Universite and Callogee (SUCS), shall be ranted a mstrlty Tne of ene hued Dive (106) daye with fall pay ageless the delivery was normal o casa Prod, That cae the erplyee quali elo parent lander Repulse Act No. 8972 oc tho "Slo Parent Welfare [At the employee ball be pid. n addtional matersty beset of fiteen (15) days. An adaltonal matraty leave of ‘hits GO) days, without yay, can bo avad of, atthe eption ofthe female werker: Proud arte, Tat the head of the fgeney shall be piven due notice, in waiting, at Teast fory-ve (0) daye before the end of hoe maternity lave Provided, finally, Tat na prie notice shall be necemaey in ‘ha event of medic! emorgeney bat eubeoquens notice call be given to the head of the agency Materigy lave of sity (60) days, with fll pay, shall be granted for miseamnage or emergency termination of SEC. 6. Maternity Leave for Femole Workers in the Pricte Scor.~ Any pregnant female warker 0 he pate ‘cir shal east a matory Toa of one hun Ko (Gs) aye wt fl pay pares of whether she ave bith ‘is ecmanan suction or natal dlvery whe matory Jove Gf ant (0 daye wit fl pay shall bo ranted fee misariags or emergency termination of prosaic. A fama Soil Seouriy System ($88) member who ‘aa pata ent ehree (3) ment contain ia the Uwe (12-month poved immediately precoding the remestr of hor ‘Slabith, mecariage or cmereney formation of pregnancy Shall be paid ber daly materaty beneit whiek oball be Compu based on her average monthly salary eri for one ‘hundred tive (105) days eparlems of whetor she ave Bath via coctavien section or natural delivery, subjct to the Ttlbwing onions(©) That the female worker shall have notified her employer of hor pregnanes and the probable dato of her hildith vwhich noes shall be tranemited to the SSS in Secordnce With the rule and regulations it may prove () That the fall payment ehall be advanced by the cemplorer within thity (0) dase from the fling of the maternity lave application (0) That payment of daily maternity benefits shal be = ew nthe maoery of nes bene provided under Rep ‘ct No. 161, ce amended, for the came poe fr which daly Thavorn benef have been reeived (0 Thst the SSS shall insmediataly seimburse the lamplorer of one hundred percent (00%) of the amount of eraty benefits advanced to the fomalo worker by the rmplorer pon recip of enisiaory and legal pel of uch parment: and (6) That i female worker shoud give birth oF suter 4 oiscrriage or emergency termination of pregnaney withoat the reused conttons having been ete fr ory her mplayer to the SSS. or without tho latter Raving been previously noted by the employer of the toe of the Drognancy, the emplayer sbal pay to the SSS demages Susivalontt the enefta which said female member would ‘herwie have been eid to In cace the employee qualifies asa slo parent under Repeat No 5972, or the "Salo Perens Welle Act, We trmpoee shall be ped edditonal maternity benefit of ‘een (15 dys ) An additional matey lave of thisty (0) days without pay, can be availed oak the option ofthe female ‘weer: Puided, That the omplyer sal be ven doe nati, Invwring, atleast frty-ve (4) days Before the end fer ‘ataryy leave: Provide, further, That mo poe note tall, ‘be necessary sn the event of 8 medial emergency But ‘subsequent notice shal be given to the hoa ofthe agency {0 Worksrs availing of the maternity leave period end enefte must recive thir full pay. Employers Com the ‘private secr hall be reponsbl for payment of the salary {iron between the seul eas Benefits resem Uh ‘SSS by the covered fale workers and their averagy week for relay wages, for the entre duration uf the materaly {save with the flowing exceptions, sujet to the gui 1 be tarued by the Department of Labor and xployment (boi (0) Those operting dnteted establishment (2 Those retailsrvice establishments and other enterprises employing nat more than ten (10) worker (8) Those considered ax miso-busnees enterprise and ‘naged in the producto, procening, or manufacturing ef ‘produto cmos indudingagroproesing, ring. [orien howe total ante ave not more than Three millon pees (P300,00.00 end (@ Thote who are already providing similar or more than the bones herein proved Provided, That cai cromptons sbal be subject to an somal submission fa jurtieation bythe employer aiming semption forthe approval ofthe DOLE. SRC. 6 Allocation of Maternity Lea Credits. ~ Ang female worker ented to matomity bee benefits as provided for herein may, al ber eption,alloata yp to seven (7) dae lead bene wo the dds father, whetor or tthe same ‘i tured he fonts worker Prvided. Thats the deat, fbvence, oF sncxpacty of the former, the benefit may be ‘located to an alternate caregiver ho may be relative ‘rthin the our degree of consanguinity oe the Curent rte ofthe female worker abaring the sai bowsbol, ‘pom the ebstin of the moter taking ito account he best Inert ofthe cald: Provide, further, Tht writen noice ‘hereof is proved tothe employers ofthe fale marker and Aternate caregivers Prov, frthermors, That this bene ‘ovr and above that which x provided wader Republic At |No. IBY, or the “Patrnty Leave Act of 196°: Provided finally, Tat in the event the beneficiary fesle worker dae tris perianenthy sncapacated, the balance of her mst ‘ave benefits shal cere tothe Ether of the eld of #0 8 ‘lid eaepier as povided above ‘880.7. Maternity Lave for Women Regardless of Citi ‘iota, ~ Ail omale workers in the goverment aad fen sembors of th S88, vegudlse oftheir ei statue shall be {Gonled matereity ere with fall pay, pn compliae ih Si rending oro ‘00, 8. Maternity Leave With Pay in Case of Childbirth, Miscarriage, oF Emergency Termination of Pregnancy Aer (he Termination ofan Employees Serie. ~ Natemty lave ‘vith fall pay shall he granted even af the childbeth ‘Bacamiage, or cmergensy feminaton of pregnancy ects Det ‘ore than Been (1) exlondar daye ater the erminaien of fn employee's service, ae her right thereto has alteody ‘ecru. Proided, That such pevie i nat applicable when the employment of the pregnant woman worker bso been terminated without jst ease in whch ave the employer wll Day her the fll smpount egutalent to er eat for une Uhandred five (15) days for edith and icy (6) ys for Iearsage or emergency termination of pregnancy based 08 ber ful pay, in addioon to the other applcale daly cash ateritybonefte that she sould have received had her plement not been ilgelly terminated SBC, 9, Maternity Looe Credit. ~ "The msterity eave an be rts cambinatns of prenatal and ptt ave Svlong a it doesnot extsed one hundred Hive (105) dy end ‘oid that comply portal leave shal ot be ets thas Say (6) days. ‘SEC. 10. Maternity Leave Benfte for Women in the Informol Eeonomg and Voluntary Ceniitors tothe SSS. "Minerity Senate abl over all areed and unmareed ‘wemea lishing femnle workers inthe Snformal concn Female worker in the informal economy are enite to maternity leave benoit f thy have remitted to the SSS at lens thre (3) monthly cotbutins in the twolre (1}-manth ‘esi inioettay proeeding the seatester of ber eld, Iissriage or emergency ferminatin of PEENIES. Spo, 11. Maternity enfts for Female Workers Who ore NarMerbersof the S88. ~ Female workers who a neither ‘oluneary nar tabla memboe f the SSS shall be governed Uy the Philppine Health Insurance Corporation (Phillie) Gree No, 222014 or the “Sosa Heath Insurance Coverage fn Boneits for Women About to Give Bir BEC. 12. Maternity Leave of a Female Worker With Pending dinitrate Case. ~ The maternity leave beets ranted under ths Act shal be enjoyed by a female worker {i the government serve and in the peste sector oven sf the hoe a pending administrative cae 66.18. Motority nw for Female Nation ates ~ In the event a national alle becomes propant, ho il be Yeferred to the team physician or an accredited physi ofthe Phulppine Sports Commission (PSC) of an theetian-gynctoget to determine her Sees to ona {tuning She wl bellowed to parcpete in all teenrelatad sotes lam the pyscan elses that paeiipaon i nt ‘ally sfo ov should be intee. Upon medal alice, oho ‘all go oa itera leave unl cleared to twa to taining. ‘She sil contnue reiving her lowance and be ented to the same benaite he on maternity Have peor to clit ‘and up to ax ( month afr, ules ho can retin sooner {s advie ty ber pian im wich ome, she wll be enied to the alevance and benefit sho bad pror to pregnancy: Provided, That « fale national athlete exployed nthe ‘ible stor shall ot reste dtl ompensatan or bone SEC. 1. Row-Diminution of Benefits. ~ Nothing in thie ‘Act shall te construed ae to diminich existing metoenty ‘benefits curently enpyed whether or not these re granted Under elective bargaining agreements CBA) or present vs, XE the same ae tore bonfiial to the female worker. Any ther warking rrangement which the female worker shall Sere t, during the adinalmateety leave pero, shall be allowed: Proud, That this shall be concented 130‘writing by Ue fone worker sod skal! pry wp hor {ater fictions and the regvements of postnatal care ‘880,18, Seurty of Tare. ~ Those who aval ofthe ‘benefits of thie Ace whuther In the government serie ot Deiat sce, eal be avured of scat of tenure Ae sh Uh exercize of thi option by thom eal pot bo used a= basi for dematien in employment or trminstson- The transfer panel poiton or eacegnment from ono organizational Ait another in the came agency of peste enterprize shall te allowet Proided, That i hall not valve ¢redutian In Tank, statue tlary, otherwise amount to coatractive ‘mise ‘880, 16, NonDhierimination, — No employer whether in tne puble or private stor shall lcrmnateaguiet the yient of women inorder To aved tho Benefit provide Sorin thi Ac S00. 1. Pride Rei, — The Gil Service Cniticn (80) the DOLE, the SSS. nd the Gender Ombud of tho Commission on Haman Rights (CHT, In conslation with trade unions, Isbor organizations, and omployors ‘eprewptativee sll wth ne ont fer the ects fh Act conduct view of the materuty leave Benet ‘female worker athe goverment servi end the private tector mapectvly. Theres, they shal include maternity Itave benefits in thei valuation seporteonfuetd every four (@ years forthe SSS sd the DOLE so every thee () year fr the CSC, oe more foquonty as may be necestary, with {hea in vw of meeting the seeds of progaant women ed tewscbrm sala, and improving he welfare Se. 18, Penalties, - Whoever fais or eefuses to comply sith the provisos sf thie Act shall be punished by a fe Uno lat than Twenty thosand pee (P2000) dor more ‘han Two hundred thousand poses (P300,000.00), and Imprisonment of nt lets than as (years and ove (i) day ne ethan twelve (12) yeare or beth Ifthe act or sion penalacd by this Ae abal be commited by an assoton, Paresh earporaton,o any oer inettton, ie managing * Ines dicots of porters aba be liable to the pole proved i the Act for the offense Faiture on the part of eny association, partnership, cerperaoa or pvteentrprse to compl wih the provisions Gr This Ac shall be 8 ground for non-tonetal of bine S86, 18. Inplementing Rules ond Regulations. ~The (C80, the DOLE, andthe SES shallows Hhe ecnoary rule fal soguations fr the effstvesplementtion of this Ad ‘within sity (60) days fom the efeiity of the aime Ste, 20. Separabilgy Claw, — Hany provision af thi Act is dechoed ansonstitionsl or otherwise valid, the ‘aiity of the other provisions shall act heated thereby, ‘Se. 21. Repouting Clauss, ~ Al laws, decrees, orders, ros and tagulations or parte thereof icone wth thi [et en herby repented Ge mind neoadingly Swe. 22, Setiy, ~ Tie Ack shal taho eet afer ‘ite (1) daya fom st pabieton in Uhe Official Gases forme newpaper of general cieulation Approved, wonheisananr Acro "Sater foe Hose Trak fe ene Repeat‘his Act which ea cumilidation of Senate Bu Mo, 1305 ‘and Hone Bl No. 4113 was panced by the Senate and the Houee of Repecscatatives on November 14, 2018 and November 1, 208, ryepeevly paxre RoferrdeAtauna MYR MABIED. VIAKICA “ding Sferetary General Sect f the Sete owe ff Regreeniives Approved: FEB 2 6 709 @ RODRIGOMROA DUTERTE President of the Philipines i | CERTIFIED COPY (fir cma rerroomo nu cacy ORECTORIY