The House of Representatives on Monday ratified the bicameral conference report on the measure providing 105 days maternity leave.
The ratified committee report contained House Bill 4113 and Senate Bill 1305 or the “105-Day Expanded Maternity Leave Law,” which increases the maternity leave period to 105 days for working mothers with an option to extend for an additional 30 days without pay, and granting an additional 15 days for solo mothers.
The bill stipulates that all covered female workers in the government and in the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted the 105-day maternity leave with full pay.
Moreover, in pursuit of Republic Act 8972 or the “Solo Parents’ Welfare Act,” the worker shall be granted a 15-day additional leave also with full pay.
The maternity leave shall be enjoyed by employees in every instance of pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency. However, a 60-day leave with full pay shall be granted to workers for cases of miscarriage or emergency termination of pregnancy.
The leave benefits may be credited as combinations of prenatal and postnatal leaves; provided that they will not exceed 105 days and that the compulsory postnatal leave will not be less than 60 days.
The measure also allows a female worker, who is entitled to these benefits, to allocate up to seven days of leave credits to the father of the child, whether or not he is married to the mother.
In cases of death, absence, or incapacity of the child’s father, these benefits may be granted to an alternate caregiver, who is either a relative within the fourth degree of consanguinity or the current partner of the female worker.
In the event that the mother passes away or becomes permanently incapacitated, the balance of her maternity leaves shall be accrued to the father or the alternate caregiver.
The bill also provides security of tenure for the female workers, whether in the government service or the private sector. Therefore, utilization of this benefit shall not be used as grounds for demotion or termination.
The measure also intends to avoid discrimination of employers against beneficiaries of the measure, which may take place in order to avoid the granting of leave credits to the latter.