Question & AnswerQ&A (Republic Act No. 7322)
The main purpose of Republic Act No. 7322 is to increase maternity benefits in favor of women workers in the private sector by amending Section 14-A of Republic Act No. 1161.
Covered female employees in the private sector who have paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion, or miscarriage and who are currently employed.
The female employee must have paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion, or miscarriage.
Maternity leave benefits amount to a daily maternity benefit equivalent to 100% of the present basic salary, allowances, and other benefits or their cash equivalents for sixty (60) days. For caesarian deliveries, the benefit period extends to seventy-eight (78) days.
She must notify her employer of her pregnancy and probable childbirth date (which will be transmitted to the SSS), file a maternity leave application, and adhere to the required payment and notification provisions under the law.
The employer shall advance the payment in two equal installments within thirty (30) days from the filing of the maternity leave application.
Payment of daily maternity benefits under RA 7322 bars the recovery of sickness benefits for the same compensable period of sixty (60) days for the same childbirth, abortion, or miscarriage.
Yes, maternity benefits are paid only for the first four deliveries after March 13, 1973.
The SSS shall reimburse the employer one hundred percent (100%) of the amount of maternity benefits advanced to the employee upon receipt of satisfactory proof of payment and legality.
The employer must pay damages equivalent to the benefits the employee would have been entitled to, which the SSS shall then pay to the employee concerned.
No, RA 7322 explicitly states that nothing in the Act shall be construed to diminish existing maternity benefits under present laws and collective bargaining agreements.
The Act took effect fifteen (15) days after its publication in the Official Gazette or in at least two national newspapers of general circulation, whichever came earlier.
Section 14-A of Republic Act No. 1161 was amended by RA 7322.