FREE MATERNITY LAW CASE:

 THIS LAW IS ONE OF THE MOST IMPORTANT GOAL ACHIEVED THAT

ALLOWS THE IMPLEMENTATION OF PUBLIC POLICIES IN HEALTH-
SEXUAL AND REPRODUCTIVE HEALTH FOR WOMEN

 FREE MATERNITY PROGRAM ALLOWS WOMEN TO EXCERCISE

THEIR RIGHT TO FREE HEALTH CARE DURING PREGNANCY,
CHILDBIRTH AND POST-BIRTH AS WELL AS ACCESS TO
PROGRAMMES OF SEXUAL AND REPRODUCTIVE HEALTH. INFANTS
AND CHILDREN UP TO FIVE YEARS ARE ALSO BENEFICIARIES. HIV
PREGNANTS TEST, VIOLENCE MEDICAL LAW REPORT.

 PROVIDES FUNDING TO COVER COSTS FOR MEDICINES, SUPPLIES,

MICRONUTRINENTS, BASIC LABBORATORY EXAMINATIONS. TOTAL
55 BASIC MEDICAL BENEFITS.

By law, all pregnant employees are entitled to ordinary maternity leave of 26 weeks.
Employees who worked for their employer continuously for at least 12 months are also
entitled to an additional maternity leave. Employees may have additional leave rights
under their contracts. Employees have the right to return to work at the end of their
maternity leave. If refused, or otherwise treated unfavourably, they may also have
additional claims for unfair dismissal and sex discrimination.

To take maternity leave, you must follow a prescribed procedure. You will have to
inform your employer of your pregnancy, the expected week of birth, the date on which
you would like to start your maternity leave and, if you are absent from work for a
pregnancy-related reason, the reason for your absence.

You cannot start your maternity leave before the beginning of the eleventh week before
the expected week of birth, unless you gave birth earlier. You may start your leave before
the notified date if you are absent from work for a pregnancy-related reason.

REPUBLIC ACT NO. 7322

AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF
WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING
FOR THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO.
1161, AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
 SECTION 1. Section 14-A of Republic Act No. 1161, as amended, is
further amended to read as follows:
"SEC. 14-A. Maternity Leave Benefit. - A covered
female employee who has paid at least three monthly
maternity contributions in the twelve-month period
preceding the semester of her childbirth, abortion or
miscarriage and who is currently employed shall be paid a
daily maternity benefit equivalent to one hundred percent
(100%) of her present basic salary, allowances and other
benefits or the cash equivalent of such benefits for sixty (60)
days subject to the following conditions:

"(a) That the employee shall have notified her employer

of her pregnancy and the probable date of her childbirth
which notice shall be transmitted to the SSS in accordance
with the rules and regulations it may provide;
"(b) That the payment shall be advanced by the
employer in two equal installments within thirty (30) days
from the filing of the maternity leave application:
"(c) That in case of caesarian delivery, the employee
shall be paid the daily maternity benefit for seventy-eight
(78) days;

"(d) That payment of daily maternity benefits shall be a

bar to the recovery of sickness benefits provided by this Act
for the same compensable period of sixty (60) days for the
same childbirth, abortion, or miscarriage;
"(e) That the maternity benefits provided under this
Section shall be paid only for the first four deliveries after
March 13, 1973;

"(f) That the SSS shall immediately reimburse the

employer of one hundred percent (100%) of the amount of
maternity benefits advanced to the employee by the
employer upon receipt of satisfactory proof of such payment
and legality thereof; and
"(g) That if an employee should give birth or suffer
abortion or miscarriage without the required contributions
having been remitted for her by her employer to the SSS, or
 without the latter having been previously notified by the
employer of the time of the pregnancy, the employer shall
pay to the SSS damages equivalent to the benefits which
said employee would otherwise have been entitled to, and
the SSS shall in turn pay such amount to the employee
concerned."

SEC. 2. Nothing in this Act shall be construed as to diminish existing

maternity benefits under present laws and collective bargaining
agreements.

SEC. 3. All laws, executive orders, prodamations,.presidential

decrees, rules and regulations, and other issuances, or parts hereof,
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SEC. 4. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) national newspapers of
general circulation, whichever comes earlier.

Approved:

(SGD.)RAMON V. MITRA
Speaker of the House of Representatives

(SGD.)NEPTALI A. GONZALES
President of the Senate

This bill which is a consolidation of Senate Bill No. 380 and House
Bill No. 34814, was finally passed by the Senate and the House of
Representatives on February 5, 1992.

(SGD.)CAMILO L. SABIO
(SGD.)ANACLETOD.BADOY, JR.
Secretary General
Secretary of the Senate
House of Representatives
 Approved: March 3, 1992

(SGD.) CORAZON C. AQUINO

President of the Philippines

aternity Leave Act of 1996 (RA

8187)
Republic Act No. 8187

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY
TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC
SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE
WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title. – This Act shall be known as the "Paternity Leave Act of 1996."
SEC. 2. Notwithstanding any law, rules and regulations to the contrary, every married
male employee in the private and public sectors shall be entitled to a paternity leave of
seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with
whom he is cohabiting. The male employee applying for paternity leave shall notify his
employer of the pregnancy of his legitimate spouse and the expected date of such
delivery. For purposes of this Act, delivery shall include childbirth or any miscarriage.

SEC. 3. Definition of Term. – For purpose of this Act, Paternity Leave refers to the
benefits granted to a married male employee allowing him not to report for work for seven
(7) days but continues to earn the compensation therefor, on the condition that his spouse
has delivered a child or suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the nursing of the newly-born
child.

SEC. 4. The Secretary of Labor and Employment, the Chairman of the Civil Service
Commission and the Secretary of Health shall, within thirty (30) days from the effectivity
of this Act, issue such rules and regulations necessary for the proper implementation of
the provisions hereof.

SEC. 5. Any person, corporation, trust, firm, partnership, association or entity found
violating this Act or the rules and regulations promulgated thereunder shall be punished
by a fine not exceeding Twenty-five thousand pesos (P25,000) or imprisonment of not
less than thirty (30) days nor more than six (6) months. If the violation is committed by a
corporation, trust or firm, partnership, association or any other entity, the penalty of
imprisonment shall be imposed on the entity's responsible officers, including, but not
limited to, the president, vice-president, chief executive officer, general manager,
managing director or partner directly responsible therefor.

SEC. 6. Nondiminution Clause. – Nothing in this Act shall be construed to reduce any
existing benefits of any form granted under existing laws, decrees, executive orders, or
any contract, agreement or policy between employer and employee.

SEC. 7. Repealing Clause. – All laws, ordinances, rules, regulations, issuances, or parts
thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 8. Effectivity. – This Act shall take effect fifteen (15) days from its publication in
the Official Gazette or in at least two (2) newspapers of national circulation.

Approved, June 11, 1996.

Sec. 140. Maternity Leave Benefit. A covered female employee who has paid at
least three monthly maternity contributions in the 12-month period immediately
preceding the semester of her childbirth, abortion or miscarriage and who is
currently employed shall be paid a daily maternity benefit equivalent to 100 per cent
of her average daily salary credit for 45 days subject to the following conditions:

a. That the employee shall have notified her employer of her pregnancy and the
probable date of her childbirth which notice shall be transmitted to the SSS in
accordance with the rules and regulations it may provide;

b. The payment shall be advanced by the employer in two equal installments

within 30 days from the filing of the maternity leave application;

c. That payment of daily maternity benefits shall be a bar to the recovery of

sickness benefits provided by this Act for the same compensable period of 45
days for the same childbirth, abortion or miscarriage;

d. That the maternity benefits provided under this section shall be paid only for
the first four deliveries after March 13, 1973;

e. That the SSS shall immediately reimburse the employer of 100 percent of the
amount of maternity benefits advanced to the employee by the employer
upon receipt of satisfactory proof of such payment and legality thereof;

f. That if an employee should give birth or suffer abortion or miscarriage

without the required contributions having been remitted for her by her
employer to the SSS, or without the latter having been previously notified by
the employer of time of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said employee "would otherwise
have been entitled to, and the SSS shall in turn pay such amount to the
employees concerned".