Republic Act 7322

Increasing Maternity Benefits in Favor of Women Workers in the Private Sectors

AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER PURPOSES   

 SECTION 1. Section 14-A of Republic Act No. 1161, as  amended, is further amended to read as follows:

                  "SEC. 14-A.  Maternity Leave Benefit. - A covered female  employee who has paid at least three monthly maternity  contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is  currently employed shall be paid a daily maternity benefit  equivalent to one hundred percent (100%) of her present basic  salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) days subject to the following  conditions: 

                  "(a) That the employee 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; 
            
                  "(b) That the payment shall be advanced by the employer  in two equal installments within thirty (30) days from the  filing of the maternity leave application: 
            
                  "(c) That in case of caesarian delivery, the employee shall  be paid the daily maternity benefit for seventy-eight (78) days;
            
                  "(d) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for  the same compensable period of sixty (60) days for the same  childbirth, abortion, or miscarriage;
            
                  "(e) That the maternity benefits provided under this  Section shall be paid only for the first four deliveries after March 13, 1973;
            
                  "(f) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of  maternity benefits advanced to the employee by the employer  upon receipt of satisfactory proof of such payment and legality  thereof; and    
            
                  "(g) That if an employee should give birth or suffer  abortion or miscarriage 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   employee would otherwise have been entitled to, and the SSS  shall in turn pay such amount to the employee concerned."

SEC. 2. Nothing in this Act shall be construed as to  diminish existing maternity benefits under present laws and   collective bargaining agreements.
 
SEC. 3. All laws, executive orders, prodamations,.presidential decrees, rules and regulations, and other issuances, or  parts hereof, inconsistent with the provisions of this Act are   hereby repealed or modified accordingly.
 
SEC. 4. This Act shall take effect fifteen (15) days after its  publication in the Official Gazette or in at least two (2)  national newspapers of general circulation, whichever comes  earlier.

 
     Approved:

 
    (SGD.)RAMON V. MITRA
     Speaker of the House of Representatives

 

    (SGD.)NEPTALI A. GONZALES
     President of the Senate
 

This bill which is a consolidation of Senate Bill No. 380  and House Bill No. 34814, was finally passed by the Senate  and the House of Representatives on February 5, 1992.

 
     (SGD.)CAMILO L. SABIO                            (SGD.)ANACLETOD.BADOY, JR.
         Secretary General                                          Secretary of the Senate
     House of Representatives

 
     Approved: March 3, 1992

     (SGD.) CORAZON C. AQUINO
     President of the Philippines