SOCIAL LEGISLATION
Second Exam Coverage S.Y. 2016-2017
MATERNITY LEAVE
 Female member, married or unmarried
 Employed at the time of delivery or miscarriage
 At least 3 monthly contributions in the 12-month period
immediately preceding the semester of her childbirth or
miscarriage
 100% of average daily salary credit for:
 60 days
 78 days - caesarian delivery
Conditions:
1. EE notified ER of her pregnancy and the probable date of her
childbirth. This shall be transmitted to the SSS.
− through Maternity Notification Form
2. Full payment shall be advanced by the ER within 30 days from
the filing of the maternity leave application. It can be either:
 Full payment
 Installment payment
(1) Upon receipt of maternity leave
application
(2) Not later than 30 days after payment in
(1)
3. Payment of benefits shall be a bar to the recovery of sickness
benefits provided in SSS Law for 60 days or 78 days, as the
case may be, for which daily maternity benefits have been
received.
− No member can be entitled to two benefits for the
same period
4. Only for the first 4 deliveries or miscarriages is covered
5. SSS shall reimburse the ER 100% of the amount of maternity
benefits advanced to the EE by the ER upon receipt of
satisfactory proof of such payment and legality thereof
6. If EE should give birth or suffer miscarriage
 Without the required contributions having been
remitted for her by her ER to the SSS; or
 Without SSS having been previously notified by
the ER of the time of the pregnancy
the ER shall pay to the SSS damages equivalent to the benefits
which said employee member would otherwise have been
entitled to.
Maternity benefits are not part of the 13 th month pay computation as this
is granted to EE in lieu of wages.
PATERNITY LEAVE
 Married male employee
− Private sector (RA 8187)
− Public sector (CSC Rules)
 7 days with full pay
 First 4 deliveries of the legitimate spouse with whom he is
cohabiting
 Non-cumulative
 Non-convertible to cash
 If the spouses are not physically living together because of the
workstation or occupation, the male employee is still entitled
to the paternity leave benefit (Handbook)
PATERNITY LEAVE. Leave credits granted to a married male
employee to allow him to earn compensation for 7 working days without
reporting for work, provided that his spouse has delivered a child or had a
miscarriage or an abortion for the purpose of lending support to his wife
during her period of recovery and/or the nursing of the newly born child.
DELIVERY. Refers to childbirth, miscarriage or abortion.
SPOUSE. Refers to the lawful wife, which refers to a woman who is
legally married to the male EE concerned.
COHABITING. Refers to the obligation of the husband and wife to live
together.
CONDITIONS:
1. Employed at the time of delivery of his child
2. He is cohabiting with his spouse at the time that she gives birth
or suffers a miscarriage
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Lizette Kaye F. Estillore
3. He has notified his ER of the pregnancy of his wife and her
expected date of delivery
− Submit Paternity Notification Form together with
a copy of his marriage contract, or where not
applicable, any proof of marriage.
− Not applicable in cases of miscarriage or abortion
4. His wife has given birth, suffers a miscarriage or an abortion
− Within a reasonable period of time, submit
(1) a copy of the birth certificate of the
newly born child; or
(2) 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.
APPLICATION:
 Within a reasonable period of time from the expected date of
delivery by his pregnant spouse, or within such period as may
be provided by
i. Company rules and regulations; or by
ii. Collective bargaining agreement.
 In case of a miscarriage, prior application for paternity leave
shall not be required.
AVAILMENT:
 Enjoyed by the qualified employee after the delivery, without
prejudice to an ER’s policy of allowing the EE to avail of the
benefit before or during the delivery
 Availed of not later than 60 days after the date of said delivery
BENEFITS:
 7 working days paternity leave with pay, consisting of basic
salary, all allowances and other monetary benefits, provided
that his pay shall not be less than the mandated minimum
wage.
A married male employee shall file the application for said leave at least
one week prior to the expected delivery
EXC: In cases of miscarriage and abnormal deliveries which are
unforeseen.
PARENTAL LEAVE
 Solo parent or individual left alone with the responsibility of
parenthood
 7 work days every year
 Non-convertible to cash
Unless specifically agreed on
Any solo parent or individual left alone with the responsibility of
parenthood due to:
1. Giving birth as a result of rape or, as used by the law, other
crimes against chastity
Provided, that the mother keeps and raises the child
2. Death of spouse
3. Spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year, whether or not a final
judgment has been rendered
Provided they are in detention for a minimum period of
one (1) year
4. Physical and/or mental incapacity of spouse as certified by a
public medical practitioner
5. Legal separation or de facto separation from spouse for at least
one (1) year
Provided that he/she is entrusted with the custody of the
children
6. Declaration of nullity or annulment of marriage as decreed by
a court or by a church
Provided that he/she is entrusted with the custody of the
children
7. Abandonment of spouse for at least one (1) year
8. Unmarried father/mother who has preferred to keep and rear
his/her 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

provided, that he/she is:
1. Duly licensed as a foster parent by the
DSWD; or
2. Duly appointed legal guardian by the court
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
Provided, that such abandonment, disappearance, or
prolonged absence lasts for at least one (1) year.
“family member” - any relative by consanguinity up to
the fourth civil degree
A change in the status or circumstance of the parent claiming benefits,
such that he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for these benefits.
CHILDREN. Living with and dependent upon the solo parent for
support who are unmarried, unemployed and below 18 years of age, or
even 18 years and above but are incapable of self-support and/or mentally
and/or physically challenged.
PARENTAL LEAVE. Leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical
presence is required.
QUALIFICATIONS:
 At least 1year of service whether continuous or broken
 Notified the ER of the availment within a reasonable time
period
 Presented a Solo Parent Identification Card to his/her ER
BENEFITS:
1. Comprehensive Package of Social Development and Welfare
Services.
2. Flexible Work Schedule
− Shall not affect individual and company
productivity
− Any ER may request exemption from the above
requirements from the DOLE on certain
meritorious grounds
− In the case of EE in the government service,
flexible working hours will be subject to the
discretion of the head of the agency
3. Educational Benefits
4. Housing Benefits
5. Medical Assistance
6. Essential Health Packages
LEAVE FOR VICTIMS OF VAWC
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN. An act
or a series of acts committed by any person against a woman who is his
wife, or former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate, within or without
the family abode, which results in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty.
 Entitled to a paid leave of up to 10 days in addition to other
paid leaves under the Labor Code and Civil Service Rules and
Regulations and other existing laws and company policies
 Extendible when the necessity arises as specified in the
protection order
 Requirement to avail of the paid leave: Certification from
either of the following:
1. Punong Barangay/Kagawad
2. Prosecutor
3. Clerk of Court
 For Government Employees, in addition to the aforementioned
certification, the EE concerned must file an application for
leave citing as basis RA 9296
 The availment of the leave shall be at the option of the woman
EE
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SOCIAL LEGISLATION
Second Exam Coverage S.Y. 2016-2017
Lizette Kaye F. Estillore
 The leave shall cover the dates that she has to attend to
medical and legal concerns.
 Non cumulative
 Non convertible
13th Month Pay
 ERs are required to pay all their rank-and-file employees a
13th month pay regardless of the amount of basic salary that
they receive in a month
 Worked for at least one (1) month during a calendar year.
 Paid not later than December 24 of every year
EXC:
1. ER may give ½ of the required 13th month
pay before the opening of the regular school
year and the other half on before the 24th of
December of every year.
2. Frequency of payment of this monetary
benefit may be the subject of agreement
between the ER and the recognized/collective
bargaining agent of the EEs.
EXEMPTED ERs/WHO EMPLOYS:
1. Government and any of its political subdivisions, including
GOCC
EXC: Corporations operating essentially as private
subsidiaries of the Government
2. Already paying 13th month pay or more in a calendar year or
its equivalent at the time of the issuance of the law
3. Household helpers and persons in the personal service of
another in relation to such workers
NB: Domestic workers are now covered with the 13th
month pay
4. Paid on purely
a. Commission, boundary, or task basis
EXC: Commission is included if it is a part
of the basic salary of the EE
b. those who are paid a fixed amount for performing
specific work, irrespective of the time consumed in
the performance thereof
EXC
(1) EEs are paid on piece-rate basis in
which case the ER shall grant the
required 13th month pay to such
workers
(2)
WORKERS PAID ON PIECE-RATE BASIS. Paid a standard amount
for every piece or unit of work produced that is more or less regularly
replicated, without regard to the time spent in producing the same.
MANAGERIAL EMPLOYEE. Vested with powers of prerogatives to
lay down and execute management policies and/or to hire, transfer,
suspend, lay-off, recall discharge, assign or discipline employees, or to
effectively recommend such managerial actions. All employees not falling
within this definition are considered rank-and-file employees.
RANK-AND-FILE EMPLOYEES. All employees not falling within
the definition of a managerial employee.
BASIC SALARY. Include all remunerations or earning paid by this
employer for services rendered but does not include allowances and
monetary benefits which are not considered or integrated as part of the
regular or basic salary, such as the cash equivalent of unused vacation
and sick leave credits, overtime, premium, night differential and holiday
pay, and cost-of-living allowances.
EXC: The abovementioned salary-related benefits should be
included as part of the basic salary in the computation of the 13th
month pay if by individual or collective agreement, company
practice or policy, the same are treated as part of the basic salary of
the employees.
EEs paid by Result or Piece Work Basis
− Entitled to the 13th month pay
− EEs who are paid a fixed or guaranteed wage plus commission
are also entitled to the mandated 13th month pay, based on
their total earnings during the calendar year
 SOCIAL LEGISLATION
Second Exam Coverage S.Y. 2016-2017
Lizette Kaye F. Estillore

certified by a competent physician. For purposes of the Act and these

EEs with Multiple Employers
− Government employees working part time in a private
enterprise and/or educational institutions, as well as employees
working in two or more private firms, whether on full or part
time basis
− Entitled to 13th month pay from all their private employers
regardless of their total earnings from each or all their
employers.
Rules and Regulations, gynecological surgeries shall also include
hysterectomy, ovariectomy, and mastectomy.
A woman may avail of this special leave benefit in case she undergoes
surgery caused by gynecological disorder and at the same time maternity
benefits as they’re not mutually exclusive.

Private School Teachers EXPANDED SENIOR CITIZEN’S ACT

− Entitled to the 13th month pay, regardless of the number of
months they teach or are paid within a year, if they have SENIOR CITIZEN OR ELDERLY. Any Filipino citizen who is a
rendered service for at least one (1) month within a year. resident
of the Philippines, and who is 60 years old or above. It may apply to
EEs that Resigned or Separated senior citizens with "dual citizenship" status provided they prove their
− If terminated at any time before the time for payment of the Filipino citizenship and have at least 6 months residency in the
13th month pay, entitled to this benefit in proportion to the Philippines.
length of time he worked during the year, reckoned from the
time he started working during the calendar year up to the time BENEFITS:
of his resignation or termination from the service  20% discount on:
− May be demanded by the EE upon the cessation of EE-ER  Medical-related privileges
relationship  Medicine and drug purchases
 Medical supplies, accessories and
“Basic salary” equipment
− contemplates work within the normal 8 working hours in a  Medical and dental services
day  Professional fees of attending physician
− Not the amount actually received by but 1/12 of their standard  Professional fees of licensed health
monthly wage multiplied by their length of service within a workers providing home health care
calendar year services
 Transportation
Extras, causals, and seasonal EEs are entitled.  Air and Sea
 Land: LRT, MRT, PNR, buses,
jeepneys, taxi and shuttle services
 Hotels, restaurants, recreational facilities, places of
MAGNA CARTA FOR WOMEN leisure
 Hotels, restaurants, theaters, cinemas,
DISCRIMINATION AGAINST WOMEN. Any gender-based concert halls, circuses, leisure and
distinction, exclusion, or restriction which has the effect or purpose of amusement
impairing or nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,  Recreation centers
economic, social, cultural, civil, or any other field.  Fees, charges and rental for sports
facilities and equipment
It includes any act or omission, including by law; policy, administrative  Funeral services
measure, or practice, that directly or indirectly excludes or restricts  Funeral and burial expenses include
women in the recognition and promotion of their rights and their access to casket or urn, embalming, cremation
and enjoyment of opportunities, benefits, or privileges. cost, and other services.
A measure or practice of general application is discrimination against  Utility discount
women if it fails to provide for mechanisms to offset or address sex or  Grant of a minimum of 5% discount relative to the
gender-based disadvantages or limitations of women, as a result of which monthly use of water and electricity, provided that
women are denied or restricted in the recognition and protection of their the meter is registered under the name of the senior
rights and in their access to and enjoyment of opportunities, benefits, or citizen residing therein and does not exceed 100
privileges; or women, more than men, are shown to have suffered the kWh and 30 m³.
greater adverse effects of those measures or practices.
EXEMPTIONS:
Discrimination compounded by or intersecting with other grounds, status,  Tax exemption
or condition, such as ethnicity, age, poverty, or religion shall be  Exemption from payment of individual income tax
considered discrimination against women under this Act. of those who are considered to be minimum wage
earners
Special Leave Benefits for Women  Training fee exemption
 Female employee in the public and private sector regardless of  Training fees for socio-economic programs
age and civil status conducted by private and government agencies
 Entitled to a special leave of 2 months with full pay based on subject to the guidelines issued by DTI, DOLE,
her gross monthly compensation subject to existing laws, rules DA, TESDA and DOST-TRC.
and regulations due to surgery caused by gynecological
disorders FREEBIES:
 Free medical and dental services
CONDITIONS:  Free vaccinations
1. Rendered at least 6 months continuous aggregate employment
service for the last 12 months prior to surgery GOVERNMENT ASSISTANCE
2. In the event that an extended leave is necessary, the female  Social Pension
employee may use her earned leave credits  Indigent senior citizens shall be entitled to a
3. Non-cumulative and nonconvertible to cash monthly stipend amounting to P500 to augment
daily subsistence and other medical needs.
GYNECOLOGICAL DISORDERS. Disorders that would require  Mandatory PhilHealth coverage
surgical procedures such as, but not limited to, dilatation and curettage  All senior citizens are covered by the national
and those involving female reproductive organs such as the vagina, health insurance program of PhilHealth.
cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as  Social safety nets

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 The social safety assistance shall include, but not
be limited to, food, medicines, and financial
assistance for house repair to cushion effects of
economic, disaster and calamity shocks.
 Death benefit assistance
 Assistance of a minimum of P2,000 shall be given
to the nearest surviving relative who took care of
the deceased senior citizen.
OTHERS
 Express lanes
 Express lanes shall be provided in all private,
banking, commercial and government
establishments; priority shall be given in their
absence.
 Educational privileges
 Assistance shall be granted to senior citizens to
pursue education through provision of scholarships,
grants, financial aids, subsidies and other
incentives.
 Benefits and privileges for retirees
 Continuance of the same benefits and privileges by
GSIS, SSS and PAG-IBIG as enjoyed by those in
active service.
 Privileges on special discounts in special programs
In order to avail of these benefits, the senior citizen or his/her authorized
representative shall present a valid and original Senior Citizens’
Identification Card.
Senior citizen shall be granted the continuance of the same benefits and
privileges given by the GSIS, SSS and PAG-IBIG, as the case may be, as
are enjoyed by those in active service.
PERSONS WITH DISABILITIES
PERSONS WITH DISABILITY. Those who have long-term physical,
mental, intellectual or sensory impairments which in interaction with
various barriers may hinder their full and effective participation in society
on an equal basis with others. Persons with disability shall be classified
by the Department of Health (DOH) through an issuance.
BENEFITS:
 20% Discount and Value Added Tax (VAT) Exemption:
 Lodging Establishments
 Restaurants
 Recreation Centers
 Purchase of Medicines and Foods for Special
Medical Purposes
 Medical and Dental Services, Diagnostic and
Laboratory Fees and Professional Fees of
Attending Doctors
 Domestic Air and Sea Travel
 Land Transportation Travel
 Funeral and Burial Services for the Death of a
Person with Disability
 Educational Assistance for Persons with Disabilities
 The benefits and privileges to be extended by the GSIS, SSS
and Pag-ibig to persons with disability shall be based on their
respective charters
 Special Discounts in Special Programs
 Special Discounts in Special Programs
ENTITLEMENT:
1. Available to persons with disability who are Filipino citizens,
upon submission of any of the following as proof of his/her
entitlement thereto:
1. ID issued by the Persons with Disability Affairs
Office (PDAO) or the City/Municipal Social
Welfare and Development Office (C/MSWDO) of
the place where the person with disability resides.
2. The passport of the concerned person
3. ID issued by the National Council on Disability
Affairs.
2. The same benefits shall be made available to:
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SOCIAL LEGISLATION
Second Exam Coverage S.Y. 2016-2017
Lizette Kaye F. Estillore
1. Filipinos who hold foreign passports but are
registered as dual citizens and
2. Filipinos who have re-acquired their Filipino
citizenship RA 9225
ANTI-AGE DISCRIMINATION IN EMPLOYMENT
ACT
COVERAGE:
3. All employers, labor contractors or subcontractors, labor
organizations, and publishers.
PROHIBITED ACTS:
1. Employers
a. Print or publish, or cause to be printed or published,
in any form of media, including the internet, any
notice of advertisement relating to employment
suggesting preferences, limitations, specifications,
and discrimination based on age;
b. Require the declaration of age or birth date during
the application process;
c. Decline any employment application because of the
individual’s age;
d. Discriminate against an individual in terms of
compensation, terms and conditions or privileges of
employment on account of such individual’s age;
e. Deny any EEs promotion or opportunity for
training because of age;
f. Forcibly lay off an EE because of old age; or
g. Impose early retirement on the basis of such EE’s
age
2. Labor Contractor or Subcontractor
a. Refuse to refer for employment or otherwise
discriminate against any individual because of such
person’s age
3. Labor Organization
a. Deny membership to any individual because of
such individual’s age
b. Exclude from its membership any individual
because of such individual’s age
c. Cause or attempt to cause an employer to
discriminate against an individual
4. Publisher
a. Print or publish any notice of advertisement
relating to employment suggesting preferences,
limitations, specifications, and discrimination based
on age
EXCEPTIONS:
1. Age is a bona fide occupational qualification
− Age is a bona fide occupational qualification
reasonably necessary in the normal operation of a
particular business or where the differentiation is
based on reasonable factors other than age;
2. Bona fide seniority system
− The intent is to observe the terms of a bona fide
seniority system that is not indicated to evade the
purpose of this Act
3. Bona fide employee retirement or a voluntary early retirement
plan
− The intent is to observe the terms of a bona fide EE
retirement or a voluntary early retirement plan
consistent with the purpose of this Act:
Provided, That such retirement or voluntary
retirement plan is in accordance with the
Labor Code, as amended, and other related
laws
4. The action is duly certified by the Secretary of Labor and
Employment
PENALTIES (Discretion of the Court):
 Fine of P50,000 to P500,000
 Imprisonment of 3 months to 2 years
 If the offense is committed by a corporation, trust, firm,
partnership or association or other entity, the penalty shall be
imposed upon the guilty officer or officers of such corporation,
trust, firm, partnership or association or entity.
 SOCIAL LEGISLATION
Second Exam Coverage S.Y. 2016-2017
Lizette Kaye F. Estillore

DISCRIMINATION re: ILLNESS

Tuberculosis
Hepatitis B
HIV and Aids

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