| REPUBLIC ACT NO.
7322
AN ACT INCREASING
MATERNITY
BENEFITS IN FAVOR OF WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR
THE PURPOSE SECTION 14-A
OF
REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representativesof the Philippines in
Congress
assembled:
SECTION 1. Section 14-A of Republic Act No. 1161, as amended, is further amended to read as follows:
"SEC. 14-A. Maternity Leave Benefit. - A covered female
employee who has paid
at least
three monthly maternity contributions
in the twelve-month period preceding the semester of her childbirth,
abortion
or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such
benefits
for sixty (60) days 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;
"(b) That the payment shall be advanced by the employer
in two equal
installments within
thirty (30) days from the filing
of the maternity leave application:
"(c) That in case of caesarian delivery, the employee shall be paid the daily maternity benefit for seventy-eight (78) days;
"(d) That payment of daily maternity benefits shall be a bar to the
recovery
of sickness benefits provided by this Act for
the same compensable
period
of sixty (60) days for the same childbirth, abortion, or miscarriage;
"(e) That the maternity benefits provided under this
Section shall be paid
only for
the first four deliveries after March 13, 1973;
"(f) That the SSS shall immediately reimburse the employer of one
hundred
percent (100%) of the amount of maternity
benefits advanced to the employee by the employer
upon receipt of
satisfactory
proof of such payment and legality thereof;
and
"(g) That if an employee should give birth or suffer
abortion or
miscarriage without
the required contributions having been remitted for her by her employer to the SSS, or
without the latter
having been
previously notified by the employer of the time of the pregnancy, the employer shall pay
to the SSS damages
equivalent
to the benefits which said employee
would otherwise have been entitled to, and the SSS shall in turn pay such amount to the employee concerned."
SEC. 2. Nothing in this Act shall be construed as to diminish existing maternity benefits under present laws and
collective bargaining
agreements.
SEC. 3. All laws, executive orders, prodamations,.presidential decrees,
rules and regulations, and other issuances, or parts hereof, inconsistent with the provisions of this Act are
hereby repealed or
modified
accordingly.
SEC. 4. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2)
national newspapers of
general
circulation, whichever comes earlier.
Approved:
(SGD.)RAMON
V. MITRA
Speaker of the House of Representatives
(SGD.)NEPTALI
A. GONZALES
President of the Senate
This bill which is a consolidation of Senate Bill No. 380
and House Bill No. 34814,
was
finally passed by the Senate and
the House of Representatives on February 5, 1992.
(SGD.)CAMILO L.
SABIO
(SGD.)ANACLETOD.BADOY,
JR.
Secretary
General
Secretary of the Senate
House of Representatives
Approved: March 3, 1992
(SGD.) CORAZON C. AQUINO
President of the Philippines |
