The Expanded Maternity Leave Law of 2015 and Constructive Dismissal

Wednesday, November 25, 2015

Early this month, I have read about the consolidated bill “Expanded Maternity Leave Law of 2015”. It states that the "State shall institutionalize a mechanism to expand the maternity leave period of working women to provide them with ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming full-time work." 
Four Senate committees have already approved the bill and will be deliberated by the senators for approval for second and third reading. When this bill is approved, the paid maternity leave period for both government and private sector workers will be increased from 60 days to 100 days regardless if the delivery was normal or caesarian. There’s also an additional maternity leave of 30 days, without pay, that can be availed of at the option of the employee. This is provided that she give her employer a notice, in writing, at least 45 days before her ordinary maternity leave ends.

Although 100 days is still not enough, I am happy that law makers is already initializing such bill in favor of mothers like me. I know how it's hard to leave your baby just 2 months after giving birth. There are some companies that are generous enough to let their workers like mothers to have an extended maternity leave. However, there are also companies that cannot afford to let their employees have extended leave, maybe due to operational problem that this may incur. Sometimes this resulted to constructive dismissal.

Constructive dismissal is like a dismissal in disguise. It’s an employer’s act resulting to dismissal but made to appear as if it were not. In most cases, the employee is allowed to continue to work but will be re-assigned, demoted, or have his/her pay reduced. 

With the current economic situation we are in our country, one cannot afford to lose a job. Many can relate too, that having a one-source income for a family is very hard. That’s why mothers are also obliged to work to assure that they can give the needs of the whole family. So having an Expanded Maternity Leave Law will be a great help not only on mothers but for the whole family as well.

With this law also, I hope we can prevent ridiculous lawsuits resulting from work dismissals, terminations and the likes. I also hope that companies will be considerate enough for mothers like me.

Have you experienced maternity leave related problems?