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Philippines - Maternity protection - 2011


LAST UPDATE

12 October 2011

SOURCES


Name of Act

Paternity Leave Act, Act No. 8187, dated 11 June 1996 (Official Gazette, Vol. 92, No. 33, 12 August 1996, pp. 5077-5078). Published by the Philippine Commission on Women at http://pcw.gov.ph/index.php/laws-legislation-filipino-women/18-laws-economic-employment and accessed 7 October 2011.

Name of Act

Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 (Executive Order No. 292), as amended by the Civil Service Commission Resolution 021420, dated 25 October 2003. Published in Memorandum Circular No. 22. Series of 2002 and provided to the ILO by the Department of Labor and Employment, International Labor Affairs Service by letter dated 18 August 2003.

Name of Act

Labor Code of the Philippines - Presidential Decree No. 442, as amended. Published by the Department of Labor and Employment at http://www.dole.gov.ph/labor_codes.php and accessed 29 September 2011.
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Name of Act

Social Security Act, Republic Act No. 8282, wholly amending the Social Security Act of 1954

Name of Act

Guidelines on special leave for women employees in the private sector - Departmental Order No. 112-11, Series of 2011.Published by the Department of Labor and Employment at http://www.dole.gov.ph/fndr/bong/files/DO%20112-11.pdf and accessed 29 September 2011.

Name of Act

Solo Parents’ Welfare Act 2000 - Republic Act No. 8972. Published by the LawPhil Project - Philippines Laws and Jurisprudence Databank at http://www.lawphil.net/statutes/repacts/ra2000/ra_8972_2000.html and accessed 6 October 2011.

Name of Act

Batas Kasambahay Act 2004, Thirteenth Congress of the Republic of the Philippines, SB No. 1772. Published at http://www.senate.gov.ph/lisdata/29932556!.pdf and accessed 5 October 2011.
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Name of Act

Omnibus Rules to Implement the Labor Code, published by the Chan Robles Virtual Law Library at www.chanrobles.com/implementingrulesofthelaborcode.htm and accessed 11 October 2011.
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MATERNITY LEAVE


Scope

The entitlement to maternity leave under the Labor Code applies to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.

The entitlement to maternity leave under the Batas Kasambahay Act 2004 applies to all ’kasambahay’ (’household helpers’), being any person employed full-time in the homeowner’s or employer’s home performing tasks ascribed as normal household chores within a specific household for which he or she is being paid by the employer. The term includes the maids, cooks, houseboys, family drivers and ’yayas’ who provide daily service to a single, specific household on a live-in basis.

Finally, the entitlement to maternity leave under the Rule XVI of the Civil Service Rules implementing Book V of the Administrative Code of 1987 applies to every women in the government service.
Labor Code of the Philippines §§82, 133
Batas Kasambahay Act 2004 §§3(a), 15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
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Qualifying conditions

Employees covered by the maternity leave entitlements in the Labor Code must have rendered an aggregate service of at least six (6) months for the last twelve (12) months to qualify for maternity leave.

Kasambahay (domestic helpers) must have rendered at least 6 months’ service to qualify for maternity leave.

No qualifying conditions apply to government employees seeking to take maternity leave.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11 (see paragraph 2)

Duration


Compulsory leave

No compulsory leave requirements identified.

General total duration

Employees whose entitlement to maternity arises under the Labor Code or the Batas Kasambahay Act are entitled to maternity leave of at least 2 weeks prior to the expected date of delivery and another 4 weeks after normal delivery or abortion.

Government employees are entitled to 60 days’ maternity leave.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
Omnibus Rules to Implement the Labor Code Section 8 of Rule XII of Book Three
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Historical data (year indicates year of data collection)
  • 2009: 60 days
  • 2004: Sixty days
  • 1998: Sixty days
  • 1994: Sixty days

Extension

Employees covered by the maternity leave provisions of the Labor Code and Batas Kasambahay Act may extend the period of maternity leave in the event of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work.

No provisions is made for an extension of the maternity leave period for government employees.
Labor Code of the Philippines §133(b)
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987
Omnibus Rules to Implement the Labor Code Section 9 of Rule XII of Book Three
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Leave in case of illness or complications

Employees covered by the maternity leave provisions of the Labor Code and Batas Kasambahay Act shall have their period of maternity leave extended without pay on account of illness medically certified to arise out of pregnancy, delivery, abortion, or miscarriage, which renders the woman unfit for work unless she has earned unused leave credits from which such extended leave may be charged. However, as this entitlement is characterised as an extension of maternity leave rather than an independent form of leave, the woman may need to utilise other leave entitlements where the illness or complications arise before the entitlement to maternity leave (i.e. from 2 weeks before expected date of confinement). Neither the Labor Code nor the Batas Kasambahay Act provides for sick leave.
Labor Code of the Philippines §133
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RELATED TYPES OF LEAVE


Parental leave


Scope

The right to parental leave applies only to solo parent, which are defined as any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape 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.
Solo Parents’ Welfare Act 2000 §3

Qualifying conditions

Solo parents must have rendered at least one year’s service to qualify for the parental leave entitlement.
Solo Parents’ Welfare Act 2000 §8

Length

Solo parents are entitled to parental leave of not mroe than 7 days each year.
Solo Parents’ Welfare Act 2000 §8

Paternity leave


Scope

The right to paternity leave applies to every married male employed in either the public or private sector.
Paternity Leave Act 1996 §2

Qualifying conditions

To qualify for paternity leave, the male employee must:
(i) be married to, and living with, the pregnant woman;
(ii) be expecting one of his wife’s first 4 childbirths or miscarriages; and
(iii) notify his employer of the pregnancy and the expected date of delivery.
Paternity Leave Act 1996 §2

Length

The worker shall be entitled to 7 days’ paternity leave.
Paternity Leave Act 1996 §2

Adoption leave


Scope

No entitlement to adoption leave identified.

RIGHT TO PART-TIME WORK


General provisions

No right to part-time work identified.

CASH BENEFITS


Maternity leave benefits


Scope

Maternity leave cash benefits are provided for under statute in two ways. The first is a right to full pay for the duration of the maternity leave entitlement, as stipulated by the legislative instruments granting the maternity leave entitlement (i.e. the Labor Code, the Batas Kasambahay Act and the Administrative Code). In such cases, the scope of the cash benefit entitlement mirrors the scope of the relevant maternity leave entitlement (see ’Maternity Leave’ above).

The second way in which maternity leave cash benefits are provided for is by the right to maternity benefits under the Social Security Act 1997. The scope of these maternity benefits is limited to members of the Social Security System (SSS) established under that Act.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
Social Security Act 1997 §§9, 9A, 14A
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Qualifying conditions

To qualify for maternity leave cash benefits under the Labor Code, a woman must have worked for her employer for at least six (6) months during the last twelve (12) months and be expecting one of her first 4 deliveries.

An employee covered by the Batas Kasambahay Act must have worked for her employer for at least six (6) months, and be expecting one of her first 4 deliveries, to qualify for maternity leave cash benefits in accordance with that Act.

Government employees must have rendered an aggregate service of 2 years or more in order to be qualify for 60 days’ maternity leave on full pay, but can claim a proportionate amount of the entitlement provided they have rendered less than 2 year’s service. Government employees who have rendered less than 1 year’s service will be entitled to 60 days’ maternity leave on half pay.

Finally, to qualify for maternity benefits under the Social Security Act, a woman must:
(a) have made at least 3 monthly contributions in the 12-month period immediately preceding the semester of confinement or miscarriage;
(b) given notice to her employer of her pregnancy and the expected date of confinement, which must then be forwarded by the employer to the Social Security System; and
(c) be expecting one of her first 4 deliveries or miscarriages.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
Social Security Act 1997 §14A
Omnibus Rules to Implement the Labor Code Section 10 of Rule XII of Book Three
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Duration

The entitlement to maternity leave pay under the Labor Code and the Batas Kasambahay Act is for a period of 6 weeks.

The entitlement to maternity leave pay under the Administrative Code is for a period of 60 days.

The entitlement to maternity benefits under the Social Security Act is for a period of 60 days, or 78 days in the event of caesarian delivery.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
Social Security Act 1997 §14A

Amount

The cash benefit entitlement under the Labor Code and the Batas Kasambahay Act is expressed as an entitlement to ’full pay based on her regular or average weekly wages’ for the duration of the period of maternity leave (i.e. at least 2 weeks before the expected date of confinement and 4 weeks after birth).

The entitlement under the Administrative Code is expressed as an entitlement to ’full pay’ for 60 days, whether or not the employee decides to take the full 60 days off work.

The entitlement under the Social Security Act is expressed as an entitlement to 100% of the member’s average daily salary credit for 60 days, or 78 in case of caesarean delivery. A member’s average daily salary credit is defined as the result obtained by dividing by 180 the sum of the 6 highest scheduled monthly salary credits (being the compensation base for contributions and benefits) in the last 12 months.
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §11
Social Security Act 1997 §§8, 14A, 18
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of average daily wage.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Where an employee is entitled to maternity benefits under the Social Security Act, the benefits shall be financed by the Social Security Scheme which consists of employee, employer and government contributions.

Where an employee is not entitled to maternity benefits under the Social Security Act, but is entitled to maternity leave cash benefits under the Labor Code, Batas Kasambahay Act or Administrative Code, the cash benefits are to be financed by the employer.
Social Security Act 1997 §14A
Labor Code of the Philippines §133
Batas Kasambahay Act 2004 §15
Excerpt of Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 §§11, 14
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Historical data (year indicates year of data collection)
  • 2009: Social security. Employers pay cash benefits directly to their own employees and are reimbursed by the social security system. If the required social security contributions have not been remitted for the woman by her employer to the social security system (SSS), the employer must pay the SSS the amount of benefits which the employee would have been entitled to and the SSS must then pay the benefits to the employee concerned.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

Nothing in the Omnibus Rules to Implement the Labor Code shall prevent employers and employees covered by the Labor Code, or their representatives, from entering into any agreement with terms more favorable to the employees than those provided herein, or be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary employer practices.
Omnibus Rules to Implement the Labor Code Section 12 of Rule XII of Book Three

Parental leave benefits


Scope

The Solo Parents’ Welfare Act 2000 does not expressly state that parental leave is to be paid. However, it is suggested that the right to payment can be implied from the definition of ’parental leave’, being ’leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required’. If this interpretation is correct and solo parents are entitled to paid parental leave, the scope of the entitlement to cash benefits mirror the scope of the entitlement to parental leave.
Solo Parents’ Welfare Act 2000 §§3(d), 8

Qualifying conditions

The qualifying conditions for the entitlement to cash benefits during parental leave mirror the qualifying conditions for the entitlement to parental leave.
Solo Parents’ Welfare Act 2000 §§3(d), 8
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Duration

The entitlement is to 7 days’ worth of leave benefits per year.
Solo Parents’ Welfare Act 2000 §§3(d), 8

Amount

In the absence of any specification of the ’leave benefits’ which form the subject of the right to parental leave, it may be implied that the entitlement is to the employee’s regular wages for the 7 days’ absence from work.
Solo Parents’ Welfare Act 2000 §§3(d), 8

Financing of benefits

If the parental leave is to be paid, the benefits are to be paid by employer. No right to reimbursement under the Social Security System is contemplated by the Social Security Act.
Solo Parents’ Welfare Act 2000 §§3(d), 8

Paternity leave benefits


Scope

The scope of the paternity leave cash benefit mirrors the scope of the entitlement to paternity leave.
Paternity Leave Act 1996 §2

Qualifying conditions

The qualifying conditions for the cash benefit mirror the qualifying conditions for the paternity leave.
Paternity Leave Act 1996 §2

Duration

The worker shall be entitled to 7 days’ paternity leave on full pay.
Paternity Leave Act 1996 §2

Amount

The worker shall be entitled to 7 days’ paternity leave on full pay.
Paternity Leave Act 1996 §2

Financing of benefits

Paternity leave benefits are to be paid by the employer.
Paternity Leave Act 1996 §2

Adoption leave benefits


Scope

No provision for adoption leave benefits identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

No entitlement to prenatal childbirth or postnatal care identified.
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BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

No right to nursing breaks or daily reduction of hours of work identified.

Transfer to another post

No right to transfer to another post identified.

Nursing facilities

The Secretary of Labor shall, in appropriate cases and by regulations, require any employer to establish a nursery in a workplace for the benefit of the women employees therein.
Labor Code of the Philippines §132(c)
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HEALTH PROTECTION


Arrangement of working time


Night work

No woman shall be employed:
(a) in any industrial undertaking or branch thereof between 10pm and 6am the following day; or
(b) in any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and 6am the following day; or
(c) in any agricultural undertaking at night-time unless she is given a period of rest of not less than 9 consecutive hours;
except in the following circumstances:
(i) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster or calamity, to prevent loss of life or property or in cases of force majeure or imminent danger to public safety;
(ii) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;
(iii) Where the work is necessary to prevent serious loss of perishable goods;
(iv) Where the woman employee holds a responsible position of a managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;
(v) Where the nature of the work requires the manual skill and dexterity of women and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established practice in the enterprises concerned on the date these Rules become effective; and
(f) Where the women employees are immediate members of the family operating the establishment or undertaking.
Labor Code of the Philippines §§130, 131
Omnibus Rules to Implement the Labor Code Section 5 of Rule XII of Book Three

Overtime

No limitation on overtime particular to pregnant, breastfeeding or other women workers identified.

Work on rest days

No limitation on work on rest days particular to pregnant, breastfeeding or other women workers identified.

Time off for medical examinations

No provision for time off for medical examinations identified.

Leave in case of sickness of the child

No generally-applicable provision for leave in case of sickness of the child identified. However, solo parents may have the right to take up to 7 days’ parental leave per year (see Parental Leave above).
Solo Parents’ Welfare Act 2000 §§3, 8

Dangerous or unhealthy work


General

The Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to:

a. Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;

b. To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;

c. To establish a nursery in a workplace for the benefit of the women employees therein; and

d. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.
Labor Code of the Philippines §132

Risk assessment


» Assessment of workplace risks

No requirement for employers to assess workplace risks identifed. However, the Secretary of Labor and Employment shall, by appropriate orders, set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing, programs to ensure safe and healthful working conditions in all places of employment.
Labor Code of the Philippines §162

» Adaptation of conditions of work

In appropriate cases, the Secretary of Labor shall, by regulations, require any employer to provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency.
Labor Code of the Philippines §132(a)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

It is unlawful for any employer to discriminate against a female employee solely on account of her sex with respect to the terms and conditions of employment.
Labor Code of the Philippines §135

Prohibition of pregnancy testing

No prohibition on pregnancy testing identified.

Protection from discriminatory dismissal

It shall be unlawful for any employer:
(a) To discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave, facilities and other benefits provided under the Labor Code;
(b) To discharge such woman employee on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
(c) To discharge or refuse the admission of such woman upon returning to her work for fear that she may be pregnant;
(d) To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code; and
(e) To require as a condition for a continuation of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.
Labor Code of the Philippines §137
Omnibus Rules to Implement the Labor Code Section 13 of Rule XII of Book Three

Burden of proof

No provision regulating the burden of proof identified.

Guaranteed right to return to work

There is no provision guaranteeing the right to return to work beyond the prohibition on employers discharging a female employee in anticipation of, during or upon her return from maternity leave.
Labor Code of the Philippines §137
Omnibus Rules to Implement the Labor Code Section 13 of Rule XII of Book Three

Results generated on: 01st November 2014 at 02:14:24.
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