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Law
Approved March 30, 1992

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

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

In plain language

Republic Act No. 7322, enacted on March 30, 1992, expands maternity benefits for female workers in the private sector by amending Section 14-A of Republic Act No. 1161. The Act provides a 100% daily maternity benefit for sixty days, with additional provisions for caesarian deliveries, contribution requirements, employer reimbursement, and enforcement of benefits. It also clarifies that existing benefits are not diminished and repeals inconsistent laws.

  • Provides a 100% daily maternity benefit for sixty days to covered female employees who have paid at least three monthly maternity contributions in the preceding twelve months.
  • Requires employees to notify employers and the SSS of pregnancy and probable childbirth date.
  • Mandates employer to advance benefits in two equal installments within thirty days of application.
  • Extends benefit to seventy-eight days for caesarian deliveries.
  • Prevents double recovery of sickness benefits for the same period.
  • Limits benefits to the first four deliveries after March 13, 1973.
  • Reimburses employers for advanced benefits upon proof of payment and legality.
  • Establishes penalties and damages for employers who fail to comply with contribution and notification requirements.
maternity
benefits
private sector
RA 7322

[ REPUBLIC ACT NO. 7322, March 30, 1992 ]

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 Representatives of the Philippines in Congress assembled:

Section 1

Section 14-A of Republic Act No. 1161, as amended, is further amended to read as follows:

Section 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 equivalents 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."

Section 2

Nothing in this Act shall be construed as to diminish existing maternity benefits under present laws and collective bargaining agreements.

Section 3

All laws, executive orders, proclamations, presidential decrees, rules and regulations, and other issuances, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 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,

RAMON V. MITRA

Speaker of the House of Representatives

NEPTALI A. GONZALES

President of the Senate

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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.

CAMILO L. SABIO

Secretary General House of Representatives

ANACLETO D. BADOY, JR.

Secretary of the Senate

Approved: March 30, 1992

CORAZON C. AQUINO

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.