Title
Increase Maternity Benefits for Women Workers
Law
Republic Act No. 7322
Decision Date
Mar 30, 1992
Republic Act No. 7322 increases the maternity benefits for female employees in the private sector, providing them with a 60-day leave and 100% of their basic salary, allowances, and benefits, with additional days for caesarian delivery, while also imposing penalties on employers who fail to remit contributions or provide prior notification of pregnancy.
A

Benefit Amount and Duration

  • A daily maternity benefit equivalent to 100% of the employee's present basic salary, allowances, and other benefits or their cash equivalents.
  • Duration of 60 days for normal delivery, abortion, or miscarriage.
  • Duration extended to 78 days in case of caesarian delivery.

Notification and Payment Procedures

  • Employee must notify employer of pregnancy and probable childbirth date.
  • Employer transmits this notice to the Social Security System (SSS) following rules and regulations.
  • Employer advances payments in two equal installments within 30 days after filing the maternity leave application.

Limitation on Benefits and Reimbursement

  • Maternity benefits payment bars claiming sickness benefits for the same 60-day period related to the same childbirth, abortion, or miscarriage.
  • Benefits are payable only for the first four deliveries after March 13, 1973.
  • SSS reimburses the employer 100% of the advanced maternity benefits upon satisfactory proof.

Employer Responsibilities and Penalties

  • If employer fails to remit maternity contributions or notify SSS, the employer must pay SSS damages equal to the employee’s maternity benefits.
  • SSS shall pay such amount to the entitled employee.

Preservation of Existing Benefits

  • The Act does not diminish existing maternity benefits under other laws or collective bargaining agreements.

Repeal and Effectivity

  • Inconsistent laws, orders, and issuances are repealed or modified.
  • The Act takes effect 15 days after publication in the Official Gazette or two national newspapers, whichever occurs first.

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