PHILIPPINES
Laws Regarding Gender, Reproductive Health and Family Planning
The following report is based on publicly available information and does not provide a
definitive summary of current national laws.
Maternity Leave
If a woman has worked an aggregate service of at least 6 months for the past 12
months, an employer must grant her maternity leave of at least 6 weeks. The employer
must grant the worker at least 2 weeks before the expected delivery date and another 4
weeks after normal delivery or abortion. The female worker shall receive her full pay
during maternity leave. (Labor Code, Art. 133) When a woman applies for maternity
leave, her employer may request she produce a medical certificate stating that delivery
will probably take place within the next 2 weeks. Id.
Due to medically certified illness arising out of the pregnancy, delivery, abortion
or miscarriage, a female worker may extend her leave without pay, unless she may charge
such extended leave to any unused leave credits she has earned. Id.
An employer shall only pay for the first 4 deliveries by a female employee. Id.
Under the Philippine Social Security Act (1997), female members who pay at
least 3 monthly contributions in the 12 months prior to childbirth shall receive paid
maternity leave for 60 days, or 78 days with caesarian deliveries. (Philippine Social
Security Act of 1997)
Paternity Leave
Every married male employee who cohabitates with his spouse shall have the
right to a paid paternity leave of 7 days for his spouse’s first 4 deliveries. (Paternity
Leave Act, Section 2) In this Act, “delivery” includes childbirth and miscarriage. Id.
Menstrual Leave or Breaks
Found no relevant law.
Breastfeeding Leave
Found no relevant law.
Family Planning and Reproductive Health Leave
Found no relevant law.
Other Leave Related to Family Responsibility
Found no relevant law.
Family Planning Services Offered in the Workplace
An establishment that is legally required to maintain a clinic or infirmary must
provide free family planning services to their employees. (Labor Code, Art. 134) These
services include, but are not limited to, the application or use of contraceptive pills and
intrauterine devices. Id. The Department of Labor and Employment shall develop
incentives to encourage family planning among female workers in any establishment. Id.
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Child Care in the Workplace
An employer must, in appropriate cases, establish a nursery in the workplace to
benefit female employees. (Labor Code, Art. 132)
Limitations on Women’s Work – Generally
In an industrial workplace, no woman shall work between 10pm and 6am. In a
commercial or non-industrial workplace, other than agricultural, no woman shall work
between midnight and 6am. A woman shall not work in agriculture at nighttime, unless
she has a period of rest of at least 9 consecutive hours. (Labor Code, Art. 130)
Nighttime work exceptions include emergencies, situations in which the woman
worker holds a managerial or technical position, or the nature of the work requires a
woman’s manual skill and dexterity. (Labor Code, Art. 131)
An employer must provide, in appropriate cases, seats for women to use during
work and non-working hours, as long as they can perform their duties in this position
without sacrificing efficiency. (Labor Code, Art. 132)
Limitations on Women’s Work – While Pregnant
Found no relevant law.
Nondiscrimination Law Based on Pregnancy Status
An employer must not discriminate in the hiring or termination of employment
based on her pregnancy status. (Labor Code, Art. 137).
Pregnancy Testing – Law against Testing as a Condition of Employment
Found no relevant law.
Nondiscrimination Law Based on Marital Status
An employer must not discriminate in the hiring or termination of employment
based on her marriage status. (Labor Code, Art. 136)
Violence against Women and Sexual Harassment – In the Workplace
All forms of sexual harassment in employment, education and training
environments are unlawful. (Philippines Anti-Sexual Harassment Act of 1995, Section 2)
It is the employer’s duty to prevent or deter acts of sexual harassment and to
provide procedures for the resolution, settlement or prosecution of such acts. (Philippines
Anti-Sexual Harassment Act of 1995, Section 4)
The employer shall be liable for damages arising from acts of sexual harassment
committed in the workplace if the offended party informs the employer of such acts, and
no immediate action is taken. (Philippines Anti-Sexual Harassment Act of 1995, Section
5)
Any person who is convicted of violating this Act’s provisions may be
imprisoned, fined, or both. (Philippines Anti-Sexual Harassment Act of 1995, Section 7)
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Violence against Women and Sexual Harassment – Generally (and Leave for
Victims)
Any act of violence by a man who has or had a dating or marriage relationship
with her is illegal. (Anti-Violence Against Women and Their Children Act of 2004,
Section 3)
Victims under this Act are entitled to paid leave from work of up to 10 days, in
addition to other paid leaves, and capable of extension if necessary under the protection
order. (Section 43) Any employer who hinders the rights of a victim to take such a paid
leave will be penalized. Id.
Separate Washrooms Required for Male and Female Workers
An employer must, in appropriate cases, establish separate washrooms for men
and women, and must provide at least a dressing room for women. (Labor Code, Art.
132)
First Aid Available in the Workplace (Gender Neutral)
Any employer must offer emergency medical care, the extent of which varies
depending on the number of employees (Omnibus Rules Implementing the Labor Code,
Section 1).
- 10 – 50 workers: First-aid worker who has access to first-aid medicines
(Section 4)
- 50 – 200 workers: Full-time registered nurse. If workplace is not hazardous
and a nurse is not available, may use a full-time first-aid worker. (Section 4)
- 200 – 300 workers: Full-time registered nurse, part-time physician, part-time
dentist, and an emergency clinic. (Section 4)
- More than 300 in hazardous workplace: Full-time nurse, full-time physician,
full-time dentist, dental clinic, infirmary or emergency hospital. (Section 4)
o Non-hazardous: May use part-time physician and dentist and full-time
nurse.
An employer may not have to provide an emergency hospital or dental clinic if
one is located closely and conveniently enough for workers to access it quickly. (Section
5)
Labor Law Applies to Agricultural Workers
The Labor Code applies to all workers, whether agricultural or nonagricultural,
except where otherwise provided in the Code. (Labor Code, Art. 6)
Separate Law Applies to Agricultural Workers
Women shall have equal access to all programs granting agricultural credit, loans
and resources, and shall enjoy equal treatment in agrarian reform and land resettlement
programs. (Philippines Women in Development and Nation Building Act, Section 5)
Sugar Workers: The Secretary of Labor and Employment shall use 3% of its
share allocated for socio-economic programs for maternity benefits for female sugar
workers; this supplements existing benefits. (Philippines Sugar Amelioration Act of
1991, Section 10) Maternity benefits shall only be paid for the first 4 deliveries. Id.
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Emergency Contraception Accessible – In the Country
Found no relevant law.
Abortion Policy in the Country
Abortions are only permitted to save the life of the mother. The mother must
consult with a panel of professionals in order to get authorization for the abortion. (UN
Abortion Policies Global Review)
Law against Female Genital Cutting – In the Country
Found no relevant law.
Ratified the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Philippines ratified CEDAW on August 5, 1981 without reservations. (Gender
Law Library)
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RESOURCES
Labor Code of the Philippines (Presidential Decree No. 442, As Amended) – [Year
1974(?)]
http://www.dole.gov.ph/laborcode/PRESIDENTIAL_DECREE_NO_442.pdf
Omnibus Rules Implementing the Labor Code
http://www.chanrobles.com/implementingrulesofthelaborcode4.html
Philippine Social Security Act of 1997
http://www.chanrobles.com/legal4sss.htm#SOCIAL%20SECURITY%20ACT%2
0OF%201997
Paternity Leave Act of 1996
http://www.chanrobles.com/legal4paternity.htm#REPUBLIC%20ACT%20NO.%208187
Philippines Sugar Amelioration Act of 1991 (Republic Act No. 6982)
http://www.chanrobles.com/republicactno6982.htm
Philippines Women in Development and Nation Building Act
http://www.chanrobles.com/republicactno7192.htm
Philippines Anti-Sexual Harassment Act of 1995
http://www.chanrobles.com/legal4antisexualharassmentact.htm
Department of Labor and Employment – Index of Laws and Acts
http://www.dole.gov.ph/search/siteindex.asp#s
Gender Law Library: http://www.doingbusiness.org/elibrarydata/elibrary.aspx?libID=1
UN Abortion Policies Global Review
http://www.un.org/esa/population/publications/abortion/profiles.htm
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Last updated 2 July 2009 by Extending Service Delivery Project