Under House Bill No. 4113 allow employees to extend their maternity leave for another 30 days without payment
MANILA, THE NETHERLANDS – On Tuesday, August 28, the House of Representatives adopted a measure in the second reading that aims to grant 100-day paid maternity leave to both public sector employees and the private sector.
According to House Bill (HB) No. 4113 or the Maternity Leave Act of 100 days, employees can extend their maternity leave for another 30 days without payment.
Legislators nodded their account through viva voce voting or a voice of ayes and nays. Representative Bagong Henerasyon Bernadette Herrera Dy, chairman of the women's and gender equality committee, sponsored the bill during the plenary session.
The Senate version of HB 4113, approved at the 3rd and last reading in March 2017, aims for a longer paid maternity leave of 120 days. In contrast to the House bill, which does not increase the father's leave of 7 days under Republic Act No. 7322, Senate Bill 1305 strives for a 30-day paid leave for fathers.
Should HB 4113 be approved at the third reading, the members of the two-chamber conference committee of both the House and the Senate must reconcile contradictory provisions in the law before President Rodrigo Duterte can sign it in law. (READ: Duterte supports longer maternity leave)
What are the provisions of the invoice? HB 4113 grants the 100-day paid maternity leave to a pregnant female employee regardless of her marital status, the legitimacy of her child and whether she gives birth via caesarean section or natural delivery.
Maternity leave would also be granted to female employees in all cases of pregnancy, miscarriage or abortion, regardless of the frequency.
Maternity leave can also not be postponed, but it must be used by the woman before or after the actual period of "delivery in a continuous and uninterrupted manner."
Article 13 of HB 4113 guarantees the security of employment of the mother who would take the maternity leave, and forbids her company or public authority to deprive or dismiss her because she has taken her maternity leave.
What are the other benefits? These are the other benefits that a mother can enjoy under HB 4113:
- A female member of the Social Security System (SSS) who has paid at least 3 monthly contributions in the 12-month period immediately preceding the semester of her delivery or miscarriage receives her daily maternity allowance. This would be calculated on the basis of the average monthly salary for 100 days.
- Female workers in the private sector on maternity leave should receive no less than two-thirds of their normal monthly salary.
- Employers of female employees in the private sector should be responsible for the pay gap between the actual benefits they receive from SSS and their average weekly or fixed pay during the entire duration of maternity leave.
- HB 4113 may, if adopted by law, not reduce the existing maternity allowances granted by the employer with or without collective labor agreements or under current legislation, "if this is more favorable to the female employee."