Sem.

Emmarlone Salva Ravago

IIIPhilosophy
Labor Laws Report

Paternity Leave
Basis
Paternity leave is not found in the Labor Code. The basis of Paternity Leave benefits is found in Republic
Act No. 8187, otherwise known as the Paternity Leave Act of 1996.
Paternity leave refers to the benefits granted to a married male employee in the private and public
sectors allowing him to take a leave for 7 days, with full pay, for the first 4 deliveries of his legitimate
spouse with whom he is cohabiting (living together).
To qualify for Paternity Leave, the following requisites must be present:
1. The employee is lawfully married
2. He is cohabiting with his legitimate wife
3. His wife is pregnant or has delivered a child or suffered a miscarriage or abortion
4. Must be of the first four deliveries
5. The employer is notified within reasonable time of the pregnancy and of date of expected
delivery (not required in case of abortion or miscarriage)
6. The benefit is availed of not later than 60 days after delivery (i.e. not using his 7-day leave 60
days after the delivery, ex. 3 months after the delivery).
When can Paternity Leave be availed of
The paternity benefit may be availed of before, during or after delivery, provided the total number of
days does not exceed 7 working days. For example, the employee may take a leave of 2 days before
delivery, 1 day during delivery, and another 4 days after delivery.
(However, the benefit must be availed of not later than 60 days after date of delivery.)
Limitation
The benefit may be availed of only for the first four deliveries.
Commutability to cash
Paternity leave is not commutable to cash if not availed of (if not availed of, cannot be converted or
exchanged for money)
Source: http://www.laborlaw.usc-law.org/2010/02/25/paternity-leave/

Maternity Leave
Basis
Maternity leave benefits is found under the Article 133 of the Labor Code and Section 14-A of Social
Security Act of 1997 (Republic Act No. 8282).
Maternity Leave
A qualified pregnant woman employee shall be entitled maternity leave of at least 2 weeks, prior to
expected date of delivery and another 4 weeks after normal delivery or abortion, with full pay based on
her regular or average weekly wages.
Thats a total of six weeks maternity leave.
To qualify for Maternity Leave:
1. The pregnant woman employee must have paid at least three monthly contributions within the
12-month period immediately preceding the semester of her childbirth or miscarriage.
2. She has given the required notification of her pregnancy through her employer if employed, or
to the SSS if separated, voluntary or self-employed member.
Leave extension
Maternity leave may be extended on account of illness arising out of the pregnancy, delivery, abortion
or miscarriage, which renders the woman unfit for work. Extended maternity leave is without pay, but
may be charged against any unused leave credits.
Maternity benefits under SSS Law
A pregnant woman member of SSS who has paid at least three (3) monthly contributions in the twelvemonth period immediately preceding the semester (6 months) of her childbirth or miscarriage shall be
paid a daily maternity benefit.
Amount
SSS maternity benefit shall be equivalent to 100% of the pregnant employees average daily salary credit
for 60 days, or 78 days in case of caesarian delivery.
Time of payment
The full payment of maternity benefits shall be advanced by the employer within 30 days from the filing
of the maternity leave application.

3-monthly Contribution Illustration

To avail of maternity benefits, the woman employee must have paid at least three monthly contributions
within the 12-month period immediately preceding the semester of her childbirth or miscarriage.
To illustrate, assume that the projected date of birth is March 2010.
1. The semester of childbirth is the months from October 2009 to March 2010. This is also called the
semester of contingency.
2. The 12-month period immediately preceding the semester of childbirth or miscarriage would be
from October 2008 to September 2009.
3. Now, to avail of the benefits, the employee must have paid at least 3 monthly contributions from
January 2007 to December 2007.
Note that this requirement supersedes Article 133, which requires that the woman employees must have
rendered an aggregate service of at least six months for the last twelve months.
Valid marriage not required
Unlike in Paternity Leave where valid marriage is a requisite for availment, the existence of a valid
marriage is not required to avail of maternity leave benefits.
Limitation
Entitlement to maternity leave under the Labor Code and maternity benefits under the SSS Law applies
only for the first four delivery.
Bar to recovery of sickness benefits
That payment of daily maternity benefits is a bar to the recovery of SSS sickness benefits for the same
period for which daily maternity benefits have been received.
Effect of failure of employer to remit contribution (to SSS)
If the employer fails to remit the required contributions, or to notify SSS of the time of the pregnancy,
the employer shall pay to the SSS damages equivalent to the benefits which said employee member
would otherwise have been entitled to.
Source: http://www.laborlaw.usc-law.org/2010/02/24/maternity-leave/

Paternity Leave Act of 1996 (RA 8187)

SECTION 1. Title - This Act shall be known as the "Paternity Leave Act of 1996."
SEC. 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in
the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the
first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee
applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the
expected date of such delivery. For purposes of this Act, delivery shall include childbirth or any
miscarriage.
SEC. 3. Definition of term For purpose of this Act, Paternity Leave refers to the benefits granted to a
married male employee allowing him not to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage
for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in
the nursing of the newly-born child.
SEC. 4. The Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the
Secretary of Health shall, within thirty (30) days from the effectivity of this Act, issue such rules and
regulations necessary for the proper implementation of the provisions hereof.
SEC. 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or
the rules and regulations promulgated thereunder shall be punished by a fine not exceeding Twenty-five
thousand pesos (P25,000) or imprisonment of not less than thirty (30) days nor more than six (6)
months. If the violation is committed by a corporation, trust or firm, partnership, association or any
other entity, the penalty of imprisonment shall be imposed on the entity's responsible officers,
including, but not limited to, the president, vice-president, chief executive officer, general manager,
managing director or partner directly responsible therefor.
SEC. 6. Nondiminution Clause Nothing in this Act shall be construed to reduce any existing benefits of
any form granted under existing laws, decrees, executive orders, or any contract, agreement or policy
between employer and employee.
SEC. 7. Repealing Clause All laws, ordinances, rules, regulations, issuances, or parts thereof which are
inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 8. Effectivity This Act shall take effect fifteen (15) days from its publication in the Official Gazette
or in at least two (2) newspapers of national circulation.
Approved, June 11, 1996.
Source: http://pinoy-business.com/content/view/782/105/

Article 133 of the Labor Code (Maternity Leave benefits)

A. Every employer shall grant to any pregnant woman employees who has rendered an aggregate
service of at least six months for the last twelve months, maternity leave of at least two weeks prior to
the expected date of delivery and another four weeks after normal delivery or abortion, with full pay
based on her regular or average weekly wages. The employer may require from any woman employee
applying for maternity leave the presentation of a medical certificate stating that delivery will probably
take place within two weeks.
B. The maternity leave shall be extended without pay on account of illness medically certified to arise
out of the 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.
C. The maternity leave provided in this Article shall be paid by the employer only for the first four
deliveries by a woman employee after the effectivity of this Code.
Source: http://www.laborlaw.usc-law.org/lawsbank/pd-442-101-150.htm#article133

Section 14-A of Social Security Act of 1997 (RA 8282)

A female member who has paid at least three (3) monthly contributions in the twelve-month period
immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity
benefit equivalent to one hundred percent (100%) of her average daily salary credit for sixty (60) days or
seventy-eight (78) days in case of caesarian delivery, 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.
Source: http://www.law.nfo.ph/republic-act-no-8282/