JUNE 28, 2011 DATE

NR # 2449B
REF. NO.

Maternity leave sought for unmarried govt women employees

Party-list lawmakers have filed a bill that seeks to rectify the discrepancies in the governments treatment of married and unmarried women insofar as their maternity benefits are concerned. Reps. Emmi De Jesus (GABRIELA), Luzviminda Ilagan (GABRIELA), Teddy Casio (Bayan Muna), Neri Colmenares (Bayan Muna), Rafael Mariano (Anakpawis), Carol Jayne Lopez (Yacap) Raymond Palatino (Kabataan) and Antonio Tinio (Act Teachers) introduced House Bill 4684, which grants universal maternity leave benefits to women in government service. Among the conditions for the availment of the maternity leave benefits include current government employment; payment of at least three monthly GSIS contributions in the 12-month period preceding the semester of her childbirth, abortion or miscarriage; and the employees notification to her employer of her pregnancy and probable date of childbirth. De Jesus, the principal author of the bill, said the important role of women in society is specifically stated in Article III, Section 14 of the 1987 Philippine Constitution, which recognizes the States obligation to protect working women by providing safe and healthful working conditions. The Constitution also takes into account their maternal functions and facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation, De Jesus said. Sadly, she said, womens role in nation-building has yet to be fully recognized, appreciated and valued. There is a need to correct the present legislation concerning the maternity leave benefits of unmarried government employees for being discriminatory and for violating the equal protection principle under Philippine laws, said De Jesus, Vice Chairperson of the House Committee on Population and Family Relations. Ilagan, Vice Chairperson of the House Committee on Women and Gender Equality, said the current state of the law still contains policies discriminating against women. One such discriminatory policy is the lack of maternity leave benefits to unmarried pregnant government employees, which deprives both the women and her unborn child of the protection they are entitled to, Ilagan said.

JUNE 28, 2011 DATE

NR # 2449B
REF. NO.

In pushing for the approval of the bill, Casio quoted Commonwealth Act 647, otherwise known as, An Act to Grant Maternity Leave to Married Women Who are in the Service of the Government or Any of Its Instrumentalities. Said law provides in Section 1 that married women who are permanently or temporarily appointed in the service of the Government or in any of its branches, subdivisions owned or controlled by the Government shall in addition to the vacation and sick leave, be entitled to a maternity leave of 60 days, Casio said. The law is still being applied in government offices in section 12, Rule XVI of the Omnibus Rules Implementing Book V of Executive Order 292 (Administrative Code of 1987) and other pertinent Civil service laws, according to Casio, Chairman of the House Committee on Small Business and Entrepreneurship Development. Mariano, Vice Chairman of the House Committee on Agriculture and Food, said the same interpretation is still being applied in the absence of a provision in the GSIS Law (Republic Act 821) granting maternity leave benefits to unmarried women in government. Yet, in the private sector, unmarried pregnant women enjoy maternity leave benefits, Mariano said. RA 8282 (Social Security System Act) provides for maternity leave of 60 days for normal delivery or 78 days in case of a caesarian delivery in the private sector in law and in practice. No distinctions are made between unmarried and married pregnant women employees in the private sector in this regard, Palatino, Vice Chairman of the House Committee on Youth and Sports Development, said. Concerned womens organizations including the UP Portia Sorority, Department of Women and Development Studies of the UP College of Social Work and Community Development, COURAGE and GABRIELA maintain that as a matter or right, unmarried pregnant women in government service should also enjoy maternity leave benefits as women in the private sector, and their health should be given due importance. (30) mmr