Employee Maternity Benefits in the Philippines

"The provision Article 133 states that the Secretary of Labor and Employment shall implement and maintain strict standards that will guarantee the health and safety of women employees."

Book III, Title III of the Philippine Labor Code covers the rights of women and the Government's steps to ensure the welfare and protection of women employees in the Philippines. Also covered within the title are the Maternity Benefits available for women (See: Article 133).

The provision Article 133 states that the Secretary of Labor and Employment shall implement and maintain strict standards that will guarantee the health and safety of women employees. In such, the Government will, by regulations, mandate the employer(s) to endow a pregnant employee appropriate maternity benefits, e.g. maternity leave of not less than two (2) weeks before the expected date of delivery and an additional four (4) weeks following normal delivery or abortion, for a total of sixty (60) days maternity leave. This maternity benefit is with full pay and is based on her regular compensation, whether on weekly or monthly schedule, without deductions unless stated otherwise (as defined under the Social Security Law, See: Social Security Act of 1997, Republic Act No. 8282).

In case of caesarian section delivery, the allotted maternity leave becomes seventy-eight (78) days, as opposed to sixty (60) days in case of normal delivery. The maternity leave benefits are available to every pregnant woman in the private sector, whether married or unmarried.

Provided, however that the expecting woman employee has rendered service to the employer and the establishment at least six (6) months (or aggregate of) for the last twelve (12) months.

Provided also, that the expecting woman employee applying for the employee maternity benefits can procure, for the employer or the establishment to check, a medical certificate that indicate the expecting woman employee's delivery that will take place, in likelihood, within two weeks.

These maternity benefits are good only as far as the projected date, in fulfillment of the maternity leave period stated above, or as stated in Article 133. The maternity leave may be extended on account of an illness that arose out of the pregnancy operation, stemming from delivery, abortion or miscarriage, which renders the woman unfit for work. Provided that the woman applying for the benefits for maternity can procure a medical certificate for the employer or the establishment to check that indicates of the said illness. The subsequent days of extension will be without pay; however, unused leave credits may be used.

The employer or the establishment will cover the benefits for maternity leave only on the first four (4) deliveries by the availing woman employee. These employee maternity benefits are non-transferable.

(This article cites the Article 133 of the Philippine Labor Code)

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