Page 17 - May 2018 - December 2018 Issue

Law’s Gift
for Moms
By Skyla Mae L. Zafe, Legal
When we look back into our childhood, I am sure that
one of the earliest memories we recall are those with
our mothers. It can be when they first brought us to
preschool, dragged us into a playdate or read to us
before bed. For a child’s entire life, a mom takes on
various roles just to be able to take care of her child.
This is why we have Mother’s Day – to honor and
celebrate the selfless love that our Nanay, Mama or
Mommy has given us even before we came into the
world. So, while we take our moms out for a date and
buy her flowers and trinkets to mark the occasion,
the Legislature likewise has gifts for her that won’t
wilt or collect dust. Philippine laws recognize that
moms need and deserve all the support they can get.
Being a mom should never be a reason to be
discriminated at work. RA 6275, entitled An Act
Strengthening The Prohibition On Discrimination
Against Women With Respect To Terms And
Conditions Of Employment, Amending For The
Purpose Article One Hundred Thirty-Five Of The
Labor Code, As Amended, provides that it is unlawful
for any employer to discriminate against any woman
employee with respect to terms and conditions of
employment solely on account of her sex. The (i)
payment of lesser compensation to a female
employee as against a male employee, for work of
equal value; and (ii) favoring a male employee over a
female employee with respect to promotion, training
opportunities, study and scholarship grants solely on
account of their sexes, are acts of discrimination
according to said law.
In addition to this, the Labor Code, as demonstrated
clearly by jurisprudence (Del Monte Philippines, Inc.
vs. Lolita Velasco, G.R. No. 153477), has declared it
unlawful that employment be terminated by reason
of one’s pregnancy.
If you are a working mom with no one to leave your
kids with during the day, there are barangay day care
centers that can help care for your child. Republic Act
No. 6972 or Barangay-Level Total Development and
Protection of Children Act mandates that a day care
center be established in every barangay, which must
institute a Total Development And Protection Of
Children Program.
Moms have the right to breastfeed not only in the
office, but in all health and non-health facilities,
establishments or institutions. The Expanded
Breastfeeding Promotion Act of 2009 states that
every establishment must have a lactation station,
which must necessarily be equipped with the
facilities defined by the Department of Health as
needed by breastfeeding mothers. This in clude a
lavatory for hand-washing, refrigeration or
appropriate cooling facilities for storing expressed
breastmilk; electrical outlets for breast pumps; a
small table; and comfortable seats. Said lactation
station should not be inside a toilet.
Also, this law provides that nursing employees
should be given break intervals, which shall not be
less than a total of 40 minutes for every 8-hour
working period, in addition to the regular time-off
for meals to breastfeed or express milk. These
intervals are considered to be compensable hours
worked.
There is a Special Leave Benefit Program for
Surgical Operations for Gynecological Problems, as
mandated by the Magna Carta of Women or
Republic Act No. 9710. Although not limited to
mothers, a woman employee is entitled to a special
leave benefit of 2 months if she has undergone or
needs to undergo surgery caused by gynecological
problems or disorders. The same employee must
have rendered continuous aggregate work for at
least 6 months for the last 12 months.
These are only some of the laws that empower,
support and protect Filipino women and mothers.
In light of the Women’s Month celebrated just a
couple of months ago, and the Mother’s Day
festivities, let us be united in hoping that our
legislators continue to evaluate and provide laws
that will ensure that our Mothers are celebrated
and cared for not only during May but all-year
round.
Source: Philippine Commission on Women website
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