100-Day Maternity Leave

100 Day Maternity Leave Law Approved By House

House Bill 4113 or the “100 Day Maternity Leave Law” has been approved by the House of Representatives on its 2nd reading on August 28. The bill seeks a grant of 100 days of paid maternity leave for female workers in both private and government sectors. It also gives an option for an extension of 30 days of unpaid leave. Submitted by the house Committee on Women and Gender Equality, the bill would still need to be signed by the president before it can be passed into law.

A counterpart bill that was passed by the senate in 2017, known as Senate Bill 1305 or the “Expanded Maternity Leave Law of 2017”, has mandates that are in conflict with HB 4113. These incompatible provisions would need to be amended and ratified by both the house and senate in a bicameral committee before it could be signed into effectivity by president Duterte.

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Conflicting provisions

  • Bill 4113 grants 100 days of paid maternity leave while Bill 1305 grants 120 days of paid maternity leave.
  • Bill 4113 grants benefits even at “miscarriage or abortion”; Bill 1305 only mentions “miscarriage” without mention of abortion.
  • Bill 4113 has no mention of Paternity benefits but Bill 1305 allows allocation of leave credits up to 30 days to another guardian (father, current household partner, or relative guardian) in the case of the mother’s death, incapacity, or absence.

Commonalities of both bills

  • full payment shall be advanced by the employer within 30 days of filing for the leave
  • both bills give an option to extend for another 30 days without pay
  • SSS shall immediately reimburse 100% of the maternity benefits to the employer upon receipt of satisfactory and legal proof of such payment
  • benefits are granted no matter if the delivery is normal or caesarean and regardless of frequency of pregnancy
  • Both bills advocates for both married and unmarried women
  • both guarantee secure of tenure

Note: Currently, the law for maternity leave allows a 60-day paid maternity leave for normal delivery and 78 days for caesarean delivery .

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