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
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