Position Paper on the Proposed loo-Day Maternity Leave Law
Filed in the rTtt Congress of the House of Representatives
Pursuant to its Constitutional mandate to recommend to Congress effective
measures to promote human ghtsr and as tbe Gender and Development Ombud tasked
to ensure the promotion ard protection of the rights of women, the Commission on
Human fughts respectfully submits the Position Paper on House Bill4113, entitled, "An
Act lncreasing the Maternity Leave Period to One Hundred (1oo) Days lbr Female
Workers in the Government Service and in the P vate Sector, and Granting an Option to
Ertend for an Additional Thirty (3o) Days Without Pay".
The Philippines' duty to protect and promote the rights of working women is
enshrined in the r9B7 Constitution of the nepur-lic oithe Philippines which mandates the
State to provide safe working conditions for women, taking into account their maternal
functions.'
Reurgnizing the role of rvomcn in nation building, tle Philippines enacled
Republic -{ct 971o othenrrise kno\^,-n as the N'laflna Catla of \{ornen nhich promotes thc
cnlpowcrment of rvomen to pursue equal opportunities with men and condenns the
discrini,ratic,n of women in all forms and promotes the elimination of discrimination
against women. To (lo this, the State shrll develop policies to address thc inequ litJ.in thc
economic, political, social. and cultural life of rvomcn and mcr. 'lhe Nlagla Carta of
Wonen defines Discliminatiori Against Women as a "gender based distinctitn,
exclusion, or restliction u.hich has thc effect or purpose of impairing or mrllil]ing the
recognition, enjo-vment, or e-rercise bl rvornen, irrespective of their marital status, on a
basis of eqrrrlity of rrten ancl u't)rnen, of human rights anrl ftrndamental tieecloms in thc
political. e@nomic, social. cultural, cir.il, or an-v.:\cr fleld"3, citing the failure to pro!'ide
for measrrres that would address gcnder-based disadlantages u'hicir lestlict the
enio,uuent of rights, opportu[iLies, and benelils oI rvomen as a form of discriuriuatitlr.
-Ls part ofthe Magna Carta of llomen's objective offostering the dghts of$'onlen,
emplol'ers are mandated to g|ant a nraternity leave benelit ol t\ro (2) months lvith full
pa,!'to female employees rvho have "rendered continlous aggregate emplntrnent senice
of at Icast six (6J nonths for the last trveh.e (12) months".a
l'hc Sor:ial Sccurit] Act of r997s 116 the Labor Codc of the Philippinesb also
suppolt the dghts of workiDg rvonen to a maternity leave oftwo (2) rnonths.
F-nltirer, the rights of rvorking rvolrlcn arc also recognized and protected
bl
the
inlelliitional treaties signed bv ihe Philippines. The Universal Declaration of Hurnan
lAfticle
13 Section 18(6)ofthe 198/ Philippine Constitution
2 Article 13 Section 14 ofthe 1987 Philippine Constitution.
3 section4(b)pftheMagna Carta of women.
4 Section 18 otthe Md8na Cartd ofwomen.
5 Section 14 A ofthe Soclalsecuritv Lar.
6arlic e 133 ofthc LaborCodeofthe Philippines.
1