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Question Expanded Maternity Leave

Action Officer 2
Offline

3 years 4 days ago #8079 by Action Officer 2

Action Officer 2 replied the topic: Expanded Maternity Leave

Good day!

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.

However, we call your attention to the Item 6.3 of CSC DBM Joint Circular No. 1, s. 2012 which governs the rules and regulations on the grant of step increment due to length of service. It states that "The grant of step increment to an official or employee on leave of absence with or without pay for more than three (3) months shall be deferred corresponding to the period of such absence/non-performance of actual duties and responsibilities of his/her position to complete the service and performance rating requirements." As stated, leave of more than three (3) months, whether it is with pay or without pay, shall cause the deferment of the grant of step increment for the period covered by the leave.

We hope to have assisted you on the matter. Thank you.

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Action Officer 2
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3 years 4 days ago #8082 by Action Officer 2

Action Officer 2 replied the topic: Expanded Maternity Leave

RESPONSE TO MCSV

Good day!

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.

However, we call your attention on the declaration of policy for Republic Act No. 11210 on the 105-Day Expanded Maternity Leave Law (RA No. 11210) which states:

"Section 2. Declaration of Policy. — It is the declared policy of the State under Article XIII, Section 14 of the 1987 Constitution to protect and promote the rights and welfare of working women, taking into account them maternal functions, and to provide an enabling environment in which their full potential can be achieved.

Article II, State Policies, Section 12 of the 1987 Constitution provides that the State recognizes the sanctity of family life and shall protect and strengthen the family as the basic autonomous social institution and that it shall equally protect the life of the mother and the life of the unborn from conception. Moreover, Sections 17 and 22 of Republic Act No. 9710, otherwise known as "The Magna Carta of Women", provides for women’s rights to health and decent work.

To achieve these, and in recognition of 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."

From the foregoing, there is no diminution of benefits in the increased number of days of maternity leave, as well as with the provision requiring the it be availed of in a continuous and uninterrupted manner because the purpose of the law is to afford the mothers who had given birth to recuperate from the delivery and to assume the maternal roles before going back to work.

Also, please note that RA No. 11210 is a legislative statute or law while the Omnibus Rules on Leave is an implementing rule of the Administrative Code of 1987. Thus, as between a law and an implementing rule, the law shall govern.

Hope we have assisted you on this matter.

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