The House of Representatives on Tuesday approved on third and final reading a bill providing a 100-day maternity leave with pay to employees both in the public and private sectors by a 191 vote.
House Bill 4113, approved by the House in plenary session, would extend the current 60-day leave by another 40 days, as well as give employees the option to extend their maternity leave by another 30 days without pay.
This developed as Party-list Rep. Arlene Brosas of Gabriela welcomed the measure’s passage at the Lower House.
“This is historic as this is the first time that the expanded maternity leave bill hurdled all the stages at the House of Representatives since we first filed the measure 10 years ago. We congratulate various women’s groups and partners of Gabriela Women’s Party for tirelessly pushing the Lower House to act on the 100-day maternity leave bill,” Brosas said.
Brosas said Gabriela would push for the upper limit of the maternity leave period, 120 days, in the bicameral conference committee, similar to what is contained in Gabriela’s HB 1046 or the original maternity leave bill, and in the Senate’s approved version of the measure.
Gabriela said around 15-million workers in the government and private sector would benefit from the measure, noting, however, that the availment of the maternity benefits was voluntary and not mandatory.
HB 4113 provides that the 100-day paid maternity leave shall apply, regardless of the workers’ civil status, legitimacy of her child, and whether she gave birth through Caesarian Section or by natural means.
The bill also grants the maternity leave to employees “in every instance of pregnancy, miscarriage, or abortion, regardless of its frequency.”
Under Section 13 of the bill, the employee who avails herself of the maternity leave will be guaranteed security of tenure; and that her employer is barred from demoting or firing her for taking maternity leave.
The bill provides that a member of the Social Security System who has paid at least three monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage shall be paid her daily maternity benefit.
This would be computed based on the average monthly salary credit for 100 days.
It adds workers in the private sector who are on maternity leave must receive not less than two-thirds of their regular monthly wages.
Employers in the private sector must be responsible for the salary differential between the actual cash benefits received from SSS and their average weekly or regular wages, for the entire duration of the maternity leave, the bill states.