NOTES ON THE EXPANDED MATERNITY LEAVE ACT OF 2018

• Status of the Bill: Both the Senate and the House of Representatives ratified on
October 3, 2018 the Expanded Maternity Leave Act of 2018. It has been submitted to
Malacanang for the signature of President Rodrigo Roa Duterte.

Note: In December 29, 2016, President Duterte has expressed his support for the
expanded maternity leave.

• Salient Features: The bill establishes a maternity leave policy that is at par with
international standards, it also includes modern provisions to adequately respond to
the everyday reality confronted by women and our families.

• Longer Maternity Leave. The bill seeks to extend from the current 60 days to 105
days the maternity leave granted to both government and private sector
employees.

• Extended Paternity Leave. The same law also allows the mother to transfer 7
days of the leave to the father, extending the paid paternity leave to 7 days.

• Solo Working Mothers. Solo working mothers would also get an additional 15
days of leave under the bill for a total of 120 days of paid maternity leave.

• Optional Maternity Leave Extension. The bill would also allow mothers to extend
their leaves for another 30 days, but these would be unpaid.

• Application. The expanded maternity leave shall be granted to a pregnant female

worker regardless of her civil status, legitimacy of her child, and whether she gave
birth via caesarian section or natural delivery. The maternity leave would also be
granted to female employees in every instance of pregnancy, miscarriage, or
abortion, regardless of its frequency.

• Penalty. There would be a penalty of at least P20,000 for the non-conferment of

the expanded maternity leave to employees.

• The maternity leave also cannot be deferred, but it should be availed of by the
woman either before or after the actual period of “delivery in a continuous and
uninterrupted manner.”

• Security of Tenure. The proposed law also guarantees security of tenure of the
mother who would avail of the maternity leave, and bars her company or
government agency from demoting or firing her for taking her maternity leave.
• House Version: The House of Representatives passed House Bill 4413 on third
reading on September 4, 2018. It aims to extend the current 60-day leave by another
40 days and would also give female employees the option to extend their maternity
leave by another 30 days without pay.

• Senate Version: The Senate approved Senate Bill No. 1305 on third and final reading
in March 2017, seeks a longer paid maternity leave of 120 days. It also also seeks a
30-day paid leave for fathers.