Nancy proposes 120-day maternity leave
Bills seek to extend benefits for unwed, pregnant women

Senator Nancy Binay has filed two bills seeking to protect the rights of women by extending maternity leave to 120 days and by urging the state to recognize unmarried pregnant women and provide the necessary benefits due them.

Through Senate Bill No. 2083 or "An Act Providing Maternity Leave Benefits to Women in the Government Service, and for Other Purposes", pregnant women permanently or temporarily appointed to government service will be paid daily maternity benefit equivalent to 100% of their average daily salary credit for 120 days under the conditions that they have:

 Paid at least three monthly Government Service Insurance System (GSIS) contributions in the twelve-month period preceding childbirth, abortion or miscarriage;
Notified the head of their office of the pregnancy and the probable date of childbirth who in turn notifies the GSIS;
Full payment of the daily maternity benefits will be advanced by the employer within 30 days from the filing of the notice;
Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided under Republic Act No. 8291, or the GSIS Act of 1997, for the same period for which daily maternity benefits have been received; and
The maternity benefits will be paid only for the first four deliveries or miscarriage.

The bill seeks to repeal Commonwealth Act No. 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" which discriminates against unmarried pregnant women and denies them maternity leave benefits.

"I hope my colleagues see the importance of providing complete maternity benefits to all women -- not just those who are married. Bawat ina ay may karapatang mabigyan ng sapat na pangangalaga habang sila ay nagbubuntis, kasal man sila o hindi," Binay said.

The lady senator likewise authored SB No. 2084 or "An Act Further Increasing the Maternity Leave Benefits of Women in Private Sector, Amending for this Purpose Republic Act No. 8282, as Amended, Otherwise Known as the Social Security Act of 1997, and for Other Purposes". The bill will also extend maternity leave for pregnant women to 120 days but this time for those working in the private sector.

If it becomes a law, SB No. 2084 will amend Section 14-A R.A. 8282 which gives women in the private sector daily maternity benefits for 60 days or 78 days for caesarean delivery, extending the number of maternity leave credits to 120 days subject to the following conditions for a female member who has paid at least three monthly contributions in the 12-month period preceding the semester of her childbirth:

That the employee notifies the employer of the pregnancy and probable date of childbirth who in turn notifies the SSS;
Full payment shall be advanced within 30 days from the filing of the maternity leave application;
Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided for the same period wherein maternity benefits were received;
Maternity benefits will be paid only for the first four deliveries or miscarriages; and
The SSS will reimburse the employer 100% of the amount of the maternity benefits advanced to the employee upon receiving proof of payment.

If an employee member gives birth or suffers miscarriage without the required contributions having been remitted by the employer to the SSS, or without the latter having been notified of the pregnancy, the employer shall pay the SSS damages equivalent to benefits the employee would otherwise have been entitled to.

Maternity leave without pay will be granted on account of illness caused by the pregnancy, delivery or miscarriage, the bill added.

"Extending maternity leave to 120 days will ensure that pregnant women, whether in government service or working in the private sector, will have ample time for check-ups. Let us not put the health of women and their unborn children at risk," urged Binay.