Women in the Workplace: Special Laws

AT A GLANCE

Anchored on the constitutional mandate to protect women and promote their welfare, several Philippine laws reflect the State’s recognition that women require not only equal treatment, but also targeted protections and benefits in the workplace.

I. Magna Carta of Women

Under Republic Act No. 9710, otherwise known as the Magna Carta of Women, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and development results and outcome. (Section 2, Republic Act No. 9710)

Section 18 grants special leave benefits to woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorder

Moreover, Section 22 of the Magna Carta for Women provides that the State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.

II. Expanded Maternity Leave

Republic Act No. 11210, otherwise known as the 105-Day Expanded Maternity Leave Law recognizes 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 2, Republic Act No. 11210)

Section 3 grants to 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, one hundred five (105) days of maternity leave with full pay and an option to extend for an additional thirty (30) days without pay. 

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