[REPUBLIC ACT NO.
10361] shall exclude any person who performs domestic work only
AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the
“Domestic Workers Act” or “Batas Kasambahay”.
SEC. 2. Declaration of Policies. – It is hereby declared that:
(a) The State strongly affirms labor as a primary social force
and is committed to respect, promote, protect and realize the
fundamental principles and rights at work including, but not
limited to, abolition of child labor, elimination of all forms of
forced labor, discrimination in employment and occupation, and
trafficking in persons, especially women and children;
(b) The State adheres to internationally accepted working
conditions for workers in general, and establishes labor
standards for domestic workers in particular, towards decent
employment and income, enhanced coverage of social
protection, respect for human rights and strengthened social
dialogue;
(c) The State recognizes the need to protect the rights of
domestic workers against abuse, harassment, violence,
economic exploitation and performance of work that is
hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing
their special needs to ensure safe and healthful working
conditions, promotes gender-sensitive measures in the
formulation and implementation of policies and programs
affecting the local domestic work.
SEC. 3. Coverage. – This Act applies to all domestic workers
employed and working within the country.
SEC. 4. Definition of Terms. – As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the
domestic worker as security or payment for a debt where the
length and nature of service is not clearly defined or when the
value of the service is not reasonably applied in the payment of
the debt.
(b) Deployment expenses refers to expenses that are directly
used for the transfer of the domestic worker from place of
origin to the place of work covering the cost of transportation.
Advances or loans by the domestic worker are not included in
the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a
household or households.
(d) Domestic worker or “Kasambahay” refers to any person
engaged in domestic work within an employment relationship
such as, but not limited to, the following: general househelp,
nursemaid or “yaya”, cook, gardener, or laundry person, but
occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family
arrangement, and are provided access to education and given
an allowance incidental to education, i.e. “baon”,
transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls
the services of a domestic worker and is party to the
employment contract.
(f) Household refers to the immediate members of the family or
the occupants of the house that are directly provided services
by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual,
legitimate partnership, corporation or entity licensed to engage
in the recruitment and placement of domestic workers for local
employment.
(h) Working children, as used under this Act, refers to domestic
workers who are fifteen (15) years old and above but below
eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. – The employer or any
member of the household shall not subject a domestic worker
or “kasambahay” to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to degrade
the dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. – The
employer shall provide for the basic necessities of the domestic
worker to include at least three (3) adequate meals a day and
humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to
the domestic worker in case of illnesses and injuries sustained
during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance
the provision of these basic necessities as punishment or
disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. – Respect for the privacy of the
domestic worker shall be guaranteed at all times and shall
extend to all forms of communication and personal effects. This
guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. – The employer
shall grant the domestic worker access to outside
communication during free time: Provided, That in case of
emergency, access to communication shall be granted even
during work time. Should the domestic worker make use of the
employer’s telephone or other communication facilities, the
costs shall be borne by the domestic worker, unless such
charges are waived by the employer.
SEC. 9. Right to Education and Training. – The employer shall
afford the domestic worker the opportunity to finish basic
education and may allow access to alternative learning
systems and, as far as practicable, higher education or
technical and vocational training. The employer shall adjust the
work schedule of the domestic worker to allow such access to
education or training without hampering the services required
by the employer.
SEC. 10. Prohibition Against Privileged Information. – All
communication and information pertaining to the employer or
members of the household shall be treated as privileged and
confidential, and shall not be publicly disclosed by the domestic
worker during and after employment. Such privileged
information shall be inadmissible in evidence except when the
suit involves the employer or any member of the household in
a crime against persons, property, personal liberty and
security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract. – An employment contract
shall be executed by and between the domestic worker and the
employer before the commencement of the service in a
language or dialect understood by both the domestic worker
and the employer. The domestic worker shall be provided a
copy of the duly signed employment contract which must
include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall
develop a model employment contract for domestic workers
which shall, at all times, be made available free of charge to
domestic workers, employers, representative organizations and
the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of
such model employment contract.
In cases where the employment of the domestic worker is
facilitated through a private employment agency, the PEA shall
keep a copy of all employment contracts of domestic workers
and shall be made available for verification and inspection by
the DOLE.
SEC. 12. Pre-Employment Requirement. – Prior to the
execution of the employment contract, the employer may
require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local
government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any
other document showing the age of the domestic worker such
as voter’s identification card, baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard
requirements when the employment of the domestic worker is
facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective
employer or agency, as the case may be.
SEC. 13. Recruitment and Finder’s Fees. – Regardless of
whether the domestic worker was hired through a private
employment agency or a third party, no share in the
recruitment or finder’s fees shall be charged against the
domestic worker by the said private employment agency or
third party.
SEC. 14. Deposits for Loss or Damage. – It shall be unlawful
for the employer or any other person to require a domestic
worker to make deposits from which deductions shall be made
for the reimbursement of loss or damage to tools, materials,
furniture and equipment in the household.
SEC. 15. Prohibition on Debt Bondage. – It shall be unlawful
for the employer or any person acting on behalf of the
employer to place the domestic worker under debt bondage.
SEC. 16. Employment Age of Domestic Workers. – It shall be
unlawful to employ any person below fifteen (15) years of age
as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of
Section 12-D, and Section 13 of Republic Act No. 7610, as
amended, otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and Discrimination
Act”.
Working children shall be entitled to minimum wage, and all
benefits provided under this Act.
Any employer who has been sentenced by a court of law of
any offense against a working child under this Act shall be
meted out with a penalty one degree higher and shall be
prohibited from hiring a working child.
SEC. 17. Employer’s Reportorial Duties. – The employers shall
register all domestic workers under their employment in the
Registry of Domestic Workers in the barangay where the
employer’s residence is located. The Department of the Interior
and Local Government (DILG) shall, in coordination with the
DOLE, formulate a registration system for this purpose.
SEC. 18. Skills Training, Assessment and Certification. – To
ensure productivity and assure quality services, the DOLE,
through the Technical Education and Skills Development
Authority (TESDA), shall facilitate access of domestic workers
to efficient training, assessment and certification based on a
duly promulgated training regulation.
ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
SEC. 19. Health and Safety. – The employer shall safeguard
the health and safety of the domestic worker in accordance
with laws, rules and regulations, with due consideration of the
peculiar nature of domestic work.
SEC. 20. Daily Rest Period. – The domestic worker shall be
entitled to an aggregate daily rest period of eight (8) hours per
day.
SEC. 21. Weekly Rest Period. – The domestic worker shall be
entitled to at least twenty-four (24) consecutive hours of rest in
a week. The employer and the domestic worker shall agree in
writing on the schedule of the weekly rest day of the domestic
worker: Provided, That the employer shall respect the
preference of the domestic worker as to the weekly rest day
when such preference is based on religious grounds. Nothing
in this provision shall deprive the domestic worker and the
employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent
daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold Work. – No domestic
worker shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage rate lower than that provided
for agricultural or nonagricultural workers. In such cases, the
domestic worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. – The domestic worker and the
employer may mutually agree for the former to temporarily
perform a task that is outside the latter’s household for the
benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such
arrangement shall be borne by the original employer. In
addition, such work performed outside the household shall
entitle the domestic worker to an additional payment of not less
than the existing minimum wage rate of a domestic worker. It
shall be unlawful for the original employer to charge any
amount from the said household where the service of the
domestic worker was temporarily performed.
SEC 24. Minimum Wage. – The minimum wage of domestic
workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for
those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those
employed in chartered cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for
those employed in other municipalities.
After one (1) year from the effectivity of this Act, and
periodically thereafter, the Regional Tripartite and Productivity
Wage Boards (RTPWBs) shall review, and if proper, determine
and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. – Payment of wages shall be
made on time directly to the domestic worker to whom they are
due in cash at least once a month. The employer, unless
allowed by the domestic worker through a written consent,
shall make no deductions from the wages other than that which
is mandated by law. No employer shall pay the wages of a
domestic worker by means of promissory notes, vouchers,
coupons, tokens, tickets, chits, or any object other than the
cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as
provided for by law.
SEC. 26. Pay Slip. – The employer shall at all times provide
the domestic worker with a copy of the pay slip containing the
amount paid in cash every pay day, and indicating all
deductions made, if any. The copies of the pay slip shall be
kept by the employer for a period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of Wages.
– It shall be unlawful for the employer to interfere with the
freedom of any domestic worker to dispose of the latter’s
wages. The employer shall not force, compel or oblige the
domestic worker to purchase merchandise, commodities or
other properties from the employer or from any other person, or
otherwise make use of any store or services of such employer
or any other person.
SEC 28. Prohibition Against Withholding of Wages. – It shall be
unlawful for an employer, directly or indirectly, to withhold the
wages of the domestic worker. If the domestic worker leaves
without any justifiable reason, any unpaid salary for a period
not exceeding fifteen (15) days shall be forfeited. Likewise, the
employer shall not induce the domestic worker to give up any
part of the wages by force, stealth, intimidation, threat or by
any other means whatsoever.
SEC. 29. Leave Benefits. – A domestic worker who has
rendered at least one (1) year of service shall be entitled to an
annual service incentive leave of five (5) days with
pay: Provided, That any unused portion of said annual leave
shall not be cumulative or carried over to the succeeding years.
Unused leaves shall not be convertible to cash.
SEC. 30. Social and Other Benefits. – A domestic worker who
has rendered at least one (1) month of service shall be covered
by the Social Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to
all the benefits in accordance with the pertinent provisions
provided by law.
Premium payments or contributions shall be shouldered by the
employer. However, if the domestic worker is receiving a wage
of Five thousand pesos (P5,000.00) and above per month, the
domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits
under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic
Workers. – Any abused or exploited domestic worker shall be
immediately rescued by a municipal or city social welfare
officer or a social welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination with the
concerned barangay officials. The DSWD and the DILG shall
develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination
with the DOLE, for possible subsequent job placement.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. – Neither the domestic
worker nor the employer may terminate the contract before the
expiration of the term except for grounds provided for in
Sections 33 and 34 of this Act. If the domestic worker is
unjustly dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of fifteen (15)
days work by way of indemnity. If the domestic worker leaves
without justifiable reason, any unpaid salary due not exceeding
the equivalent fifteen (15) days work shall be forfeited. In
addition, the employer may recover from the domestic worker
costs incurred related to the deployment expenses, if
any: Provided, That the service has been terminated within six
(6) months from the domestic worker’s employment.
If the duration of the domestic service is not determined either
in stipulation or by the nature of the service, the employer or
the domestic worker may give notice to end the working
relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree
upon written notice to pre-terminate the contract of
employment to end the employment relationship.
SEC. 33. Termination Initiated by the Domestic Worker. – The
domestic worker may terminate the employment relationship at
any time before the expiration of the contract for any of the
following causes:
(a) Verbal or emotional abuse of the domestic worker by the
employer or any member of the household;
(b) Inhuman treatment including physical abuse of the
domestic worker by the employer or any member of the
household;
(c) Commission of a crime or offense against the domestic
worker by the employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the
employment contract and other standards set forth under this
law;
(e) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.
SEC. 34. Termination Initiated by the Employer. – An employer
may terminate the services of the domestic worker at any time
before the expiration of the contract, for any of the following
causes:
(a) Misconduct or willful disobedience by the domestic worker
of the lawful order of the employer in connection with the
former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic
worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer
on the domestic worker;
(d) Commission of a crime or offense by the domestic worker
against the person of the employer or any immediate member
of the employer’s family;
(e) Violation by the domestic worker of the terms and
conditions of the employment contract and other standards set
forth under this law;
(f) Any disease prejudicial to the health of the domestic worker,
the employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. – Upon the severance of
the employment relationship, the employer shall issue the
domestic worker within five (5) days from request a certificate
of employment indicating the nature, duration of the service
and work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment Agencies (PEAs).
– The DOLE shall, through a system of licensing and
regulation, ensure the protection of domestic workers hired
through the PEAs.
The PEA shall be jointly and severally liable with the employer
for all the wages, wage-related benefits, and other benefits due
a domestic worker.
The provision of Presidential Decree No. 442, as amended,
otherwise known as the “Labor Code of the Philippines”, on
qualifications of the PEAs with regard to nationality, networth,
owners and officers, office space and other requirements, as
well as nontransferability of license and commission of
prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any
recruitment or placement fees;
(b) Ensure that the employment agreement between the
domestic worker and the employer stipulates the terms and
conditions of employment and all the benefits prescribed by
this Act;
(c) Provide a pre-employment orientation briefing to the
domestic worker and the employer about their rights and
responsibilities in accordance with this Act;
standards set by this Act within a period of sixty (60) days after
the effectivity of this Act: Provided, That adjustments pertaining
to wages shall take effect immediately after the determination
and issuance of the appropriate wage order by the
RTWPBs: Provided, further, That nothing in this Act shall be
construed to cause the diminution or substitution of any
benefits and privileges currently enjoyed by the domestic
worker hired directly or through an agency.

(d) Keep copies of employment contracts and agreements
pertaining to recruited domestic workers which shall be made
available during inspections or whenever required by the DOLE
or local government officials;
(e) Assist domestic workers with respect to complaints or
grievances against their employers; and
(f) Cooperate with government agencies in rescue operations
involving abused or exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes. – All labor-
related disputes shall be elevated to the DOLE Regional Office
having jurisdiction over the workplace without prejudice to the
filing of a civil or criminal action in appropriate cases. The
DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised
Penal Code and other special penal laws by either party shall
be filed with the regular courts.
SEC. 42. Implementing Rules and Regulations. – Within ninety
(90) days from the effectivity of this Act, the Secretary of Labor
and Employment, the Secretary of Social Welfare and
Development, the Secretary of the Interior and Local
Government, and the Director General of the Philippine
National Police, in coordination with other concerned
government agencies and accredited nongovernment
organizations (NGOs) assisting domestic workers, shall
promulgate the necessary rules and regulations for the
effective implementation of this Act.
ARTICLE X
FINAL PROVISIONS
SEC. 43. Separability Clause. – If any provision or part of this
Act is declared invalid or unconstitutional, the remaining parts
or provisions not affected shall remain in full force and effect.
SEC. 44. Repealing Clause. – All articles or provisions of
Chapter III (Employment of Househelpers) of Presidential
Decree No. 442, as amended and renumbered by Republic Act
No. 10151 are hereby expressly repealed. All laws, decrees,
executive orders, issuances, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

ARTICLE VIII SEC. 45. Effectivity Clause. – This Act shall take effect fifteen
(15) days after its complete publication in the Official
SPECIAL PROVISIONS Gazette or in at least two (2) national newspapers of general
circulation.

SEC. 38. Information Program. – The DOLE shall, in

coordination with the DILG, the SSS, the PhilHealth and Pag-
IBIG develop and implement a continuous information
dissemination program on the provisions of this Act, both at the
national and local level, immediately after the enactment of this
law.

SEC. 39. “Araw Ng Mga Kasambahay”. – The date upon which

the President shall approve this “Domestic Workers Act” shall
be designated as the “Araw ng mga Kasambahay”.

ARTICLE IX

PENAL AND MISCELLANEOUS PROVISIONS

SEC. 40. Penalty. – Any violation of the provisions of this Act

declared unlawful shall be punishable with a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Forty
thousand pesos (P40,000.00) without prejudice to the filing of
appropriate civil or criminal action by the aggrieved party.

SEC. 41. Transitory Provision; Non-Diminution of Benefits. –

All existing arrangements between a domestic worker and the
employer shall be adjusted to conform to the minimum
 REPUBLIC ACT No. 11210
An Act Increasing the Maternity Leave Period to One
Hundred Five (105) Days for Female Workers With an
Option to Extend for an Additional Thirty (30) Days
Without Pay, and Granting an Additional Fifteen (15) Days
for Solo Mothers, and for Other Purposes
Be it enacted by the Senate and House of Representatives of
the Philippine Congress Assembled:
Section 1. Short Title. - This Act shall be known and cited as
the "105-Day Expanded Maternity Leave Law".
Section 2. Declaration of Policy. — It is the declared policy of
the State under Article XIII, Section 14 of the 1987 Constitution
to protect and promote the rights and welfare of working
women, taking into account them maternal functions, and to
provide an enabling environment in which their full potential
can be achieved.
Article II, State Policies, Section 12 of the 1987 Constitution
provides that the State recognizes the sanctity of family life and
shall protect and strengthen the family as the basic
autonomous social institution and that it shall equally protect
the life of the mother and the life of the unborn from
conception. Moreover, Sections 17 and 22 of Republic Act No.
9710, otherwise known as "The Magna Carta of Women",
provides for women’s rights to health and decent work.
To achieve these, and in recognition of women’s maternal
function as a social responsibility, the State shall institutionalize
a mechanism to expand the maternity leave period of women
workers. This will provide them with ample transition time to
regain health and overall wellness as well as to assume
maternal roles before resuming paid work. This Act is
consistent with local and international legal instruments that
protect and promote the rights of women.
Section 3. Grant of Maternity Leave.— All covered female
workers in government and the private sector, including those
in the informal economy, regardless of civil status or the
legitimacy of her child, shall be granted one hundred five (105)
days maternity leave with full pay and an option to extend for
an additional thirty (30) days without pay: Provided, That in
case the worker qualifies as a solo parent under Republic Act
No. 8972, or the "Solo Parents’ Welfare Act", the worker shall
be granted an additional fifteen (15) days maternity leave with
full pay.
Enjoyment of maternity leave cannot be deferred but should be
availed of either before or after the actual period of delivery in a
continuous and uninterrupted manner, not exceeding one
hundred five (105) days, as the case may be.
Maternity leave shall be granted to female workers in every
instance of pregnancy, miscarriage or emergency termination
of pregnancy, regardless of frequency: Provided, That for
cases of miscarriage or emergency termination of pregnancy,
sixty (60) days maternity leave with full pay shall be granted.
Section 4. Maternity Leave for Female Workers in the Public
Sector.— Any pregnant female worker in the government
service, regardless of employment status, in National
Government Agencies (NGAs), Local Government Units
(LGUs), Government-Owned or -Controlled Corporations
(GOCCs), or State Universities and Colleges (SUCs), shall be
granted a maternity leave of one hundred five (105) days with
full pay regardless if the delivery was normal or
caesarian: Provided, That, in case the employee qualifies as a
solo parent under Republic Act No. 8972, or the "Solo Parents’
Welfare Act", the employee shall be paid an additional
maternity benefit of fifteen (15) days. An additional maternity
leave of thirty (30) days, without pay, can be availed of, at the
option of the female worker: Provided, further, That, the head
of the agency shall be given due notice, in writing, at least
forty-five (45) days before the end of her maternity
leave: Provided, finally, That no prior notice shall be necessary
in the event of a medical emergency but subsequent notice
shall be given to the head of the agency.
Maternity leave of sixty (60) days, with full pay, shall be
granted for miscarriage or emergency termination of
pregnancy.
Section 5. Maternity Leave for Female Workers in the Private
Sector.— Any pregnant female worker in the private sector
shall be granted a maternity leave of one hundred five (105)
days with full pay, regardless of whether she gave birth via
caesarian section or natural delivery, while maternity leave of
sixty (60) days with full pay shall be granted for miscarriage or
emergency termination of pregnancy.
(a) A female Social Security System (SSS) member
who has paid at least three (3) monthly contributions
in the twelve (12)-month period immediately
preceding the semester of her childbirth, miscarriage,
or emergency termination of pregnancy shall be paid
her daily maternity benefit which shall be computed
based on her average monthly salary credit for one
hundred five (105) days, regardless of whether she
gave birth via caesarian section or natural delivery,
subject to the following conditions:
(1) That the female worker 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;
(2) That the full payment shall be advanced
by the employer within thirty (30) days from
the filing of the maternity leave application;
(3) That payment of daily maternity benefits
shall be a bar to the recovery of sickness
benefits provided under Republic Act No.
1161, as amended, for the same period for
which daily maternity benefits have been
received;
(4) That the SSS shall immediately
reimburse the employer of one hundred
percent (100%) of the amount of maternity
benefits advanced to the female worker by
the employer upon receipt of satisfactory and
legal proof of such payment; and
(5) That if a female worker should give birth
or suffer a miscarriage or emergency
termination of pregnancy 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 female member would otherwise
have been entitled to.
In case the employee qualifies as a solo parent under
Republic Act No. 8972, or the "Solo Parents’ Welfare
Act", the employee shall be paid an additional
maternity benefit of fifteen (15) days.
(b) An additional maternity leave of thirty (30) days,
without pay, can be availed of, at the option of the
female worker: Provided, That the employer shall be
given due notice, in writing, at least forty-five (45)
days before the end of her maternity leave: Provided,
further, That no prior notice shall be necessary in the
event of a medical emergency but subsequent notice
shall be given to the head of the agency.
(c) Workers availing of the maternity leave period and
benefits must receive their full pay. Employers from
the private sector shall be responsible for payment of
the salary differential between the actual cash
benefits received from the SSS by the covered female
workers and their average weekly or regular wages,
for the entire duration of the maternity leave, with the
following exceptions, subject to the guidelines to be
issued by the Department of Labor and Employment
(DOLE):
(1) Those operating distressed
establishments;
(2) Those retail/service establishments and
other enterprises employing not more than
ten (10) workers;
(3) Those considered as micro-business
enterprises and engaged in the production,
processing, or manufacturing of products or
commodities including agro-processing,
trading, and services, whose total assets are
not more than Three million pesos
(₱3,000,000.00); and
(4) Those who are already providing similar
or more than the benefits herein provided.
Provided, That said exemptions shall be subject to an annual
submission of a justification by the employer claiming
exemption for the approval of the DOLE.
Section 6. Allocation of Maternity Leave Credits.— Any female
worker entitled to maternity leave benefits as provided for
herein may, at her option, allocate up to seven (7) days of said
benefits to the child’s father, whether or not the same is
married to the female worker: Provided, That in the death,
absence, or incapacity of the former, the benefit may be
allocated to an alternate caregiver who may be a relative within
the fourth degree of consanguinity or the current partner of the
female worker sharing the same household, upon the election
of the mother taking into account the best interests of the
child: Provided, further, That written notice thereof is provided
to the employers of the female worker and alternate
caregiver: Provided, furthermore, That this benefit is over and
above that which is provided under Republic Act No. 8187, or
the "Paternity Leave Act of 1996": Provided, finally, That in the
event the beneficiary female worker dies or is permanently
incapacitated, the balance of her maternity leave benefits shall
accrue to the father of the child or to a qualified caregiver as
provided above.
Section 7. Maternity Leave for Women Regardless of Civil
Status.— All female workers in the government and female
members of the SSS, regardless of their civil status, shall be
granted maternity leave, with full pay, upon compliance with
the preceding section.
Section 8. Maternity Leave With Pay in Case of Childbirth,
Miscarriage, or Emergency Termination of Pregnancy After the
Termination of an Employee’s Service.— Maternity leave with
full pay shall be granted even if the childbirth, miscarriage, or
emergency termination of pregnancy occurs not more than
fifteen (15) calendar days after the termination of an
employee’s service, as her right thereto has already
accrued: Provided, That such period is not applicable when the
employment of the pregnant woman worker has been
terminated without just cause, in which case the employer will
pay her the full amount equivalent to her salary for one
hundred five (105) days for childbirth and sixty (60) days for
miscarriage or emergency termination of pregnancy based on
her full pay, in addition to the other applicable daily cash
maternity benefits that she should have received had her
employment not been illegally terminated.
Section 9. Maternity Leave Credits.— The maternity leave can
be credited as combinations of prenatal and postnatal leave as
long as it does not exceed one hundred five (105) days and
provided that compulsory postnatal leave shall not be less than
sixty (60) days.
Section 10. Maternity Leave Benefits for Women in the
Informal Economy and Voluntary Contributors to the SSS.—
Maternity benefits shall cover all married and unmarried
women, including female workers in the informal economy.
Female workers in the informal economy are entitled to
maternity leave benefits if they have remitted to the SSS at
least three (3) monthly contributions in the .twelve (12)-month
period immediately preceding the semester of her childbirth,
miscarriage, or emergency termination of pregnancy.
Section 11. Maternity Benefits for Female Workers Who are
Non-Members of the SSS.— Female workers who are neither
voluntary nor regular members of the SSS shall be governed
by the Philippine Health Insurance Corporation (PhilHealth)
Circular No. 022-2014 or the "Social Health Insurance
Coverage and Benefits for Women About to Give Birth".
Section 12. Maternity Leave of a Female Worker With Pending
Administrative Case. — The maternity leave benefits granted
under this Act shall be enjoyed by a female worker in the
government service and in the private sector even if she has a
pending administrative case.
Section 13. Maternity Leave for Female National Athletes.— In
the event a national athlete becomes pregnant, she will be
referred to the team physician or an accredited physician of the
Philippine Sports Commission (PSC) or an obstetrician-
gynecologist to determine her fitness to continue training. She
will be allowed to participate in all team-related activities,
unless the physician advises that participation is not medically
safe or should be limited. Upon medical advice, she shall go on
maternity leave until cleared to return to training. She shall
continue receiving her allowance and be entitled to the same
benefits while on maternity leave prior to childbirth and up to
six (6) months after, unless she can resume sooner as advised
by her physician, in which case, she will be entitled to the
allowance and benefits she had prior to
pregnancy: Provided, That a female national athlete employed
in the public sector shall not receive double compensation or
benefits.
Section 14. Non-Diminution of Benefits. - Nothing in this Act
shall be construed as to diminish existing maternity benefits
currently enjoyed whether or not these are granted under
collective bargaining agreements (CBA) or present laws, if the
same are more beneficial to the female worker. Any other
working arrangement which the female worker shall agree to,
during the additional maternity leave period, shall be
allowed: Provided, That this shall be consented to in writing by
the female worker and shall primarily uphold her maternal
functions and the requirements of postnatal care.
Failure on the part of any association, partnership, corporation,
or private enterprise to comply with the provisions of this Act
shall be a ground for non-renewal of business permits.
Section 19. Implementing Rules and Regulations. - The CSC,
the DOLE, and the SSS shall issue the necessary rules and
regulations for the effective implementation of this Act within
sixty (60) days from the effectivity of the same.
Section 20. Separability Clause. - If any provision of this Act is
declared unconstitutional or otherwise invalid, the validity of the
other provisions shall not be affected thereby.
Section 21. Repealing Clause. - All laws, decrees, orders,
rules and regulations or parts thereof inconsistent with this Act
are hereby repealed or modified accordingly.
Section 22. Effectivity. - This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in a
newspaper of general circulation.

Section 15. Security of Tenure. - Those who avail of the

benefits of this Act, whether in the government service or
private sector, shall be assured of security of tenure. As such,
the exercise of this option by them shall not be used as basis
for demotion in employment or termination. The transfer to a
parallel position or reassignment from one organizational unit
to another in the same agency or private enterprise shall be
allowed: Provided, That it shall not involve a reduction in rank,
status, salary, or otherwise amount to constructive
dismissal.1âwphi1

Section 16. Non-Discrimination. - No employer whether in the

public or private sector shall discriminate against the
employment of women in order to avoid the benefits provided
for in this Act.

Section 17. Periodic Review. - The Civil Service Commission

(CSC), the DOLE, the SSS, and the Gender Ombud of the
Commission on Human Rights (CHR), in consultation with
trade unions, labor organizations, and employers’
representatives shall within one (1) month after the effectivity of
this Act conduct a review of the maternity leave benefits of
female workers in the government service and the private
sector, respectively. Thereafter, they shall include maternity
leave benefits in their valuation report conducted every four (4)
years for the SSS and the DOLE and every three (3) years for
the CSC, or more frequently as may be necessary, with the
end in view of meeting the needs of pregnant women and
newly-born infants, and improving their welfare.

Section 18. Penalties. - Whoever fails or refuses to comply

with the provisions of this Act shall be punished by a fine of not
less than Twenty thousand pesos (₱20,000.00) nor more than
Two hundred thousand pesos (₱200,000.00), and
imprisonment of not less than six (6) years and one (1) day nor
more than twelve (12) years or both. If the act or omission
penalized by this Act shall be committed by an association,
partnership, corporation, or any other institution, its managing
head, directors, or partners shall be liable to the penalties
provided in this Act for the offense.