Labor Law: Solo Parents Welfare Act, Kasambahay Law, Paternity Leave, Maternity Leave, Magna Carta for Women, VAWC
R.A. 8972 Solo Parent's Welfare Act
November 7, 2000
"Solo parent" - any individual who falls under any of the following categories:
- (1) A woman who gives birth as a result of r@pe and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;
- (2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
- (3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
- (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
- (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;
- (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;
- (7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;
- (8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;
- (9) Any other person who solely provides parental care and support to a child or children;
- (10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.
Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.
REVISED IRR OF REPUBLIC ACT NO. 8972 AS AMENDED BY REPUBLIC ACT NO. 11861, September 29, 2022
Section 19. Flexible Working Schedule. - The employer shall provide for a flexible work schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.
In the case of employees in the government service, flexible working hours will be subject to the discretion of the head of the agency. In no case shall the employee's working hours be less than forty (40) hours of work per week. The agency shall ensure that the public is assured of the continuous service of the agency from 8 o'clock in the morning to 5 o'clock in the afternoon, to include lunch breaks on all working days.
Section 20. Telecommuting. - An employer in the private sector may offer a telecommuting program to its employees on a voluntary basis, and upon such terms and conditions as they may mutually agree upon, pursuant to Republic Act No. 11165 (R.A. No. 11165), or the "Telecommuting Act," and its Implementing rules and regulations. Provided, That such terms and conditions shall not be less than the minimum labor standards set by law: Provided, further, That solo parent employees shall be given priority by their employer.
The CSC shall promulgate guidelines on telecommuting for government employees, upon such term and conditions that shall be beneficial to them, giving priority to solo parents workings in the public sector.
Section 21. Work Discrimination. - No employer, whether public or private, shall discriminate against solo parent employee with respect to employment terms and conditions on account of his/her status.
Section 22. Paternal Leave. - In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee working in the private or public sector, who has rendered service of at least six (6) months, regardless of employment status: Provided, that a valid SPIC is the only requirement to avail of parental leave by qualified solo parents.
A solo parent kasambahay shall also be entitled to the seven-day parental leave benefits, provided that they have rendered service of at least six (6) months to the same employer.
Section 23. Conditions for Entitlement of Parental Leave. - Solo parents shall be entitled to parental leave provided that:
a. They have rendered at least six (6) months of service, whether continuous or interrupted, at the time of the effectivity of the Act.
b. They have notified his/her employer of the availment thereof within a reasonable time; and
c. They have presented a valid SPIC.
Section 24. Non-conversion of Parental Leave. - In the event that the parental leave is not availed of, said leave shall be convertible to cash unless specifically agreed upon previously by the employer and the employee.
Section 25. Crediting of Existing Leave. - If there is an existing or similar benefit under a company policy, or a collective bargaining agreement (CBA) or collective negotiation agreement (CNA) the same shall be created as such. If the same is greater that seven (7) days provided for in the Act, the greater benefit shall prevail.
Emergency or contingency leave provided under a company policy, or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under the Act and these Revised IRR.
R.A. 10361 Batas Kasambahay
January 18, 2013
SEC. 5. Standard of Treatment. – The employer or any member of the household shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects. This guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker access to outside communication during free time: Provided, That in case of emergency, access to communication shall be granted even during work time. Should the domestic worker make use of the employer’s telephone or other communication facilities, the costs shall be borne by the domestic worker, unless such charges are waived by the employer.
SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer.
SEC. 10. Prohibition Against Privileged Information. – All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity.
SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.
SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to temporarily perform a task that is outside the latter’s household for the benefit of another household. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed.
SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SEC. 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.
SEC. 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.
SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.
RULE IV
RIGHTS OF THE KASAMBAHAY
SECTION 1. Rights and Privileges of Kasambahay. –
The rights and privileges of the Kasambahay, are as follows:
(b) Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;
(c) Freedom from employers’ interference in the disposal of wages;
(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance;
(g) Right to privacy;
(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor organization;
(k) Right to be provided a copy of the employment contract as required in Section 7, Rule II;
(l) Right to certificate of employment as required in Section 5, Rule VII;
(m) Right to terminate the employment as provided in Section 2, Rule VII; and
SECTION 2. Minimum Wage. – The minimum wage of Kasambahay shall not be less than the following:
(b) Two Thousand Pesos (Php2,000.00) a month for those employed in cities and first-class municipalities; and
(c) One Thousand Five Hundred Pesos (Php1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of the Batas Kasambahay and periodically thereafter, the Regional Tripartite Wages and Productivity Boards (RTWPBs) shall review and if proper, determine and adjust the minimum wage rates of Kasambahay in accordance with their rules and regulations taking into account the peculiarities of the Kasambahay employment arrangement.
SECTION 3. Mode of Payment of Wages. – The Kasambahay shall be paid his/her wages in cash. No payment by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash shall be allowed.
SECTION 4. Frequency of Payment of Wages. – The Kasambahay shall be paid his/her wages at least once a month.
SECTION 5. Daily Rest Period. – The Kasambahay shall be entitled to an aggregate daily rest period of eight (8) hours per day.
SECTION 6. Weekly Rest Period. – The Kasambahay shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the Kasambahay shall agree in writing on the schedule of the weekly rest day but the preference of the Kasambahay, when based on religious grounds, shall be respected.
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 7. Service Incentive Leave. – A Kasambahay who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of at least five (5) days with pay.
Any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.
SECTION 8. Thirteenth-Month Pay. – The Kasambahay who has rendered at least one (1) month of service is entitled to a thirteenth-month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.
The thirteenth-month pay shall be paid not later than December 24 of every year.
SECTION 9. Social Security Benefits. – A Kasambahay who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), Employees Compensation Commission (ECC), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with their respective laws, rules and regulations.
Benefits under the SSS include sickness, maternity, disability, retirement, death and funeral. A unified benefit package under PhilHealth includes Inpatient Hospital Care and Outpatient Care.
Mandatory premium payments or contributions shall be shouldered by the employer. However, if the Kasambahay is receiving a monthly wage rate of Five Thousand Pesos (Php5,000.00) and above, the Kasambahay shall pay the proportionate share in the premium payments or contributions, as provided by law.
In the event the Kasambahay avails of certain loan privileges from Pag-IBIG Fund which require the payment of additional or upgraded contributions, the said additional or upgraded contributions shall be shouldered solely by the Kasambahay. The SSS, Pag-IBIG and PhilHealth shall develop a unified system of registration and enrollment within six (6) months from the issuance of this IRR.
SECTION 10. Deduction for Loans/Debts. – In case there are loans/debts, an agreement may be made to deduct from the wages of the Kasambahay an amount which shall not exceed 20% of his/her wages in a month. An employer may agree to extend loan assistance to the Kasambahay at an amount not exceeding the equivalent of his/her six (6) months’ salary. This Section shall not apply to working children.
SECTION 11. Standard of Treatment. – The Kasambahay shall be treated with respect by the employer or any member of the household. He/she shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/her dignity, as defined under the Revised Penal Code, Violence Against Women and their Children Law (RA 9262), Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (RA 7610) as amended by RA 9231, Anti-Trafficking in Persons Act of 2003 (RA 9208), and other applicable laws.
SECTION 12. Board, Lodging and Medical Attendance. – The Kasambahay shall be provided by the employer free basic necessities to include the following:
(b) Humane sleeping condition that respects the person’s privacy for live-in arrangement; and
(c) Appropriate rest and medical assistance, including first-aid medicine, in case of illnesses and injuries sustained during service without loss of benefits.
For Kasambahay under live-out arrangement, he/she shall be provided space for rest and access to toilet. At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the Kasambahay.
SECTION 13. Guarantee of Privacy. – The Kasambahay shall, at all times, be respected of his/her privacy, including his/her privacy of communication and personal effects.
SECTION 14. Access to Outside Communication. – The Kasambahay shall be granted access to outside communication during free time. In case of emergency, access to communication shall be granted even during work time.
Should the Kasambahay use the employer’s telephone or other communication facilities, the costs shall be borne by the Kasambahay, unless waived by the employer.
SECTION 15. Opportunities for Education and Training. – The Kasambahay shall be afforded the opportunity to finish basic education, consisting of elementary and secondary education. He/she may be allowed access to alternative learning systems and, as far as practicable, higher education or technical vocational education and training.
The employer shall adjust the work schedule of the Kasambahay to allow his/her access to education or training without hampering the services required by the employer.
Access to education may include financial assistance at the option of the employer. The Department of Education (DepEd) shall ensure continued access of Kasambahay to alternative learning system education.
SECTION 16. Membership in Labor Organization. – The Kasambahay shall have the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation.
The Kasambahay shall be afforded opportunity to attend organization meetings.
The Regional Tripartite Industrial Peace Council (RTIPC), chaired by the DOLE Regional Director, shall create within the council a sub-committee to ensure adequate representation of the Kasambahay in social dialogue on issues and concerns peculiar to Kasambahay work and their welfare.
RULE V
RIGHTS AND OBLIGATIONS OF THE EMPLOYER
SECTION 6. Prohibited Deductions. – Other than those mandated by law, the employer shall not deduct any amount from the wages of the Kasambahay without his/her written consent or authorization; provided that the deduction for loss or damage is made under the following conditions:
(a) The Kasambahay is clearly shown to be responsible for the loss or damage;
(b) The Kasambahay is given reasonable opportunity to show cause why deduction should not be made;
(c) The total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage; and
(d) The deduction from the wages of the Kasambahay does not exceed 20% of his/her wages in a month.
R.A. 8187 Paternity Leave Act of 1996
June 11, 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 purposes 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.
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8187 FOR THE PRIVATE SECTOR
SECTION 2. Coverage. — Every married male employee in the private sector shall be entitled to paternity leave benefits of seven (7) working days with full pay for the first four (4) deliveries by his lawful spouse under such terms and conditions as hereinafter provided. The rules on paternity leave of employees in the public sector shall be promulgated by the Civil Service Commission.
SECTION 3. Conditions for entitlement of paternity leave benefits. — A married male employee shall be entitled to paternity benefits provided that:
b. he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
c. his wife has given birth, suffers a miscarriage or an abortion.
SECTION 4. Notification. — As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time. The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. Provided, That this notification requirement shall not apply in cases of miscarriage or abortion. '
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
SECTION 5. Availment. — The paternity benefits set forth herein may be enjoyed by the qualified employee before, during or after the delivery by his wife; provided, that the total number of days shall not exceed seven (7) working days for each delivery. Provided, further, that this benefit shall be availed of not later than sixty (60) days after the date of said delivery.
SECTION 6. Benefits. — The employee is entitled to seven (7) working days paternity leave with pay, consisting of basic salary, all allowances and other monetary benefits.
SECTION 7. Non-Conversion of benefits. — In the event that the paternity leave benefit is not availed of, said leave shall not be convertible to cash.
R.A. 11210 105-Day Expanded Maternity Leave Law
February 20, 2019
Section 3. Grant of Maternity Leave.— All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay: Provided, That in case the worker qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’ Welfare Act", the worker shall be granted an additional fifteen (15) days maternity leave with full pay.
Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding one hundred five (105) days, as the case may be.
Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.
Section 4. Maternity Leave for Female Workers in the Public Sector.— Any pregnant female worker in the government service, regardless of employment status, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted a maternity leave of one hundred five (105) days with full pay regardless if the delivery was normal or caesarian: Provided, That, in case the employee qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’ Welfare Act", the employee shall be paid an additional maternity benefit of fifteen (15) days.
An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, further, That, the head of the agency shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, finally, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.
Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or emergency termination of pregnancy.
Section 5. Maternity Leave for Female Workers in the Private Sector.— Any pregnant female worker in the private sector shall be granted a maternity leave of one hundred five (105) days with full pay, regardless of whether she gave birth via caesarian section or natural delivery, while maternity leave of sixty (60) days with full pay shall be granted for miscarriage or emergency termination of pregnancy.
(a) A female Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit which shall be computed based on her average monthly salary credit for one hundred five (105) days, regardless of whether she gave birth via caesarian section or natural delivery, subject to the following conditions:
(1) That the female worker 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;
(2) That the full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;
(3) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits have been received;
(4) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the female worker by the employer upon receipt of satisfactory and legal proof of such payment; and
(5) That if a female worker should give birth or suffer a miscarriage or emergency termination of pregnancy 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 female member would otherwise have been entitled to.
In case the employee qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’ Welfare Act", the employee shall be paid an additional maternity benefit of fifteen (15) days.
(b) An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, That the employer shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.
(c) Workers availing of the maternity leave period and benefits must receive their full pay. Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the SSS by the covered female workers and their average weekly or regular wages, for the entire duration of the maternity leave, with the following exceptions, subject to the guidelines to be issued by the Department of Labor and Employment (DOLE):
(2) Those retail/service establishments and other enterprises employing not more than ten (10) workers;
(3) Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities including agro-processing, trading, and services, whose total assets are not more than Three million pesos (₱3,000,000.00); and
(4) Those who are already providing similar or more than the benefits herein provided.
Provided, That said exemptions shall be subject to an annual submission of a justification by the employer claiming exemption for the approval of the DOLE.
Section 6. Allocation of Maternity Leave Credits.— Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996": Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above.
Section 7. Maternity Leave for Women Regardless of Civil Status.— All female workers in the government and female members of the SSS, regardless of their civil status, shall be granted maternity leave, with full pay, upon compliance with the preceding section.
Section 8. Maternity Leave With Pay in Case of Childbirth, Miscarriage, or Emergency Termination of Pregnancy After the Termination of an Employee’s Service.— Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued: Provided, That such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated.
Section 9. Maternity Leave Credits.— The maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed one hundred five (105) days and provided that compulsory postnatal leave shall not be less than sixty (60) days.
Section 10. Maternity Leave Benefits for Women in the Informal Economy and Voluntary Contributors to the SSS.— Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy.
Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three (3) monthly contributions in the .twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.
Section 11. Maternity Benefits for Female Workers Who are Non-Members of the SSS.— Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the "Social Health Insurance Coverage and Benefits for Women About to Give Birth".
Section 12. Maternity Leave of a Female Worker With Pending Administrative Case. — The maternity leave benefits granted under this Act shall be enjoyed by a female worker in the government service and in the private sector even if she has a pending administrative case.
Section 13. Maternity Leave for Female National Athletes.— In the event a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises that participation is not medically safe or should be limited. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by her physician, in which case, she will be entitled to the allowance and benefits she had prior to pregnancy: Provided, That a female national athlete employed in the public sector shall not receive double compensation or benefits.
Section 14. Non-Diminution of Benefits. - Nothing in this Act shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided, That this shall be consented to in writing by the female worker and shall primarily uphold her maternal functions and the requirements of postnatal care.
Section 15. Security of Tenure. - Those who avail of the benefits of this Act, whether in the government service or private sector, shall be assured of security of tenure. As such, the exercise of this option by them shall not be used as basis for demotion in employment or termination. The transfer to a parallel position or reassignment from one organizational unit to another in the same agency or private enterprise shall be allowed: Provided, That it shall not involve a reduction in rank, status, salary, or otherwise amount to constructive dismissal.
Section 16. Non-Discrimination. - No employer whether in the public or private sector shall discriminate against the employment of women in order to avoid the benefits provided for in this Act.
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11210 (AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED FIVE (105) DAYS FOR FEMALE WORKERS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS, AND FOR OTHER PURPOSES)
RULE II
DEFINITION OF TERMS
Section 1. Definition of terms. - As used in this Rules, the following terms shall be understood to mean:
a. "Alternate caregiver" refers to a relative within the fourth civil degree of consanguinity of the female worker or to her current partner.
b. "Current partner" refers to a person who shares an intimate relationship and lives with the female worker.
c. "Emergency termination of pregnancy" refers to pregnancy loss on or after the 20th week of gestation, including stillbirth.
R.A. 9710 The Magna Carta of Women
August 14, 2009
SECTION 18. Special Leave Benefits for Women. — A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
IMPLEMENTING RULES AND REGULATIONS
SECTION 21. Special Leave Benefits for Women
A. Any female employee in the public and private sector regardless of age and civil status shall be entitled to a special leave of two (2) months with full pay based on her gross monthly compensation subject to existing laws, rules and regulations due to surgery caused by gynecological disorders under such terms and conditions:
2. In the event that an extended leave is necessary, the female employee may use her earned leave credits; and
3. This special leave shall be non-cumulative and nonconvertible to cash.
R.A. 9262 Anti-VAWC Act of 2004
March 8, 2008
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