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General: LMPL - Meratltlonot

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AFP Vision 2028: A ~Anned Fotces, Source-of NationafPride

BliI!lLkit;Q
GENERAL HEADQUARTERS,
ARMED FORCES OF THE PHILIPPINES GFl/mzg/6141
. Camp General Emilio Aguinaldo, Quezon City

OTAGIOJ1 29 July 2019

LETTER DIRECTIVE
NUMBER 71

SUBJECT: Guid.eJlne.i. In the lmpl•meratltlonot the Expanded Maternity


1.eav,e for Female Miiitary Petaonnel In the Armed Forcella of
the Philippines (AFP) .

TO: A!IConoemed

1. REFERENCES:

a. Repub.lic Act. (RA) Nr 11210 (An Act .lncrea,ing- the Maternity


Leave Period to One Hundred Five (105) Daya for Female Workers with an Option· to.
Extend for an Adcfrtionat Thirty (30) Days Without Pay, and· Granting an Additional
Fifteen (15) Days for Solo Mothers. and for Other Purposee)and its IRR:
.
b. . AFPR G 131-272 dated 10 March 2000, Subject: Leave;

c. Letter Directive Nr 26, GHQ, AFP dated 09 ~bar 2015,


Subject: Marriage, Pregnancy, Maternity and · Special Leave· Benefits! of Female·
·Military Peraonnel in the Armed Force& of th& PhHippines; and

d. PersonnelDirectiveNr 01, GHQ, AFP dated 18 January 2016,


Subject: Policies, Guidelines and Prooedures. on . Granting Parental Leave to Soto
Parents in the AFP.

2. GENERAi-:

The AFP gives premium on the protection and promotion of the rights
to perform. their maternal roles. and
and welfare of .female military personnel for them
functions; iWith the enactment of RA Nr .11.210 or the Expanded·Maternity Lea'le·

{~~~~~.
family as a social iNltitution and the sa~1:of family life.

13. PURPOSE J , .
Page 1 of 8 pages
B~IIBJ~l£.Q
AFP Cote V..,_ - W'1Ce. Pttt1otllm
Af:-tJ.·ViSiOII 2Q28: A Woi'fd.deesAimectA,n:es; "SouroeofNIJtiontllPride
B-El TB1~I.il2
UC Dil'. It. Z.l, Gl:lO, AfP fUQ 29 Jyty 201e. cxmfn:
a. . PURPOSE AND SCOPE:
Oirective · pr88Cribes the guidelines to be followed in
~.,.,..,z·•B~·'
This Letter the-

•• 111- -_-.'.l.i
._.ilitafy·;·,'· .· E tft
Expanded. Matemtty· Leave. .This incl~; the Patemtty Leave of eon · rned mate
militaty. . · · onne~ subject to the prov-.ions of herein· .policy~ ~~~~-
~;::~:;:·.. · . . :.;\;~-.;~. ·,.·-~·:~:.:~;'.t~~'.'.'...,:':l)e,~'.by_:_PIISfneritXn1ia:O.f

4. DEFINITION OF TERMS:
Ali used in this Letter DirectiVe. the following terms shall be understood
to mEl&n:

·a. ~-- ~-- . . . tefers to a relative Within the fourth (4th)


civil degree of conaanguinity of the female peraonnel or to her CUtTent.partner.

b. Current partner - refers to a person who sharea an intimate


re&etionship and lives with the female personnel.

· c. Emergency termination of pregnancy - refers.to pregnancy toss


on or after the 20"' week of gestation, including stiDbirth.

· d. refers to any penson,


natural or juridieat, ;~-~public
Employer -
~nd private sectors. employing ~ services of ,nother, or 9!"Y ~ ~ ~- the
interest of an employer. - The AFP 1s the employer referred to ,n this Letter: D1rect1ve.

e. Femalemilitarypersonnel- refer& to women whO are serving in


the AFP, whether Officer or Enlisted Personnel (EP), who•qualified and passecfthe-
st.andard& set by the AFP. in aooordance With the. existing laws, rules and
regu1ations. ·
f.
Full pay - includes the basic salary and allowances being .
received by a military personnel as may be provkfe_d under existing guidelines.·

g. · Miscarriage - refers· to -pregnancy- los8 before the 2fih week of


gestation.

h. Pregnancy - refers to ttw,. period· from the conception up to the.


time before actual delivery or birth of a chiid, miscarriage or emergency termination.

i. ~tive within the fourth .(4~ degree of consanguinity - refer$


to a person who is related to the female personnel by blood and the. same sha;+
ancestry or lineage~

/j. Solo ...

Page 2 of8 pages


B.Eil•8L~IEI2
AFPCOlfJ ValuN.' Htllftiti .... ; -~
AFP Vision 2028: A wont1-ClaSS Armed 'Forces, Source d Natk,nal Pride
B·~~IR!~I.EQ
Ltr . l)jrNf11, , GHQ.AFP dtd 29 July 2019, cont'n:
. . . .

. · . j.
category of a SOk>
.

c.·=t;
~~rled
. ;.refers to a female personnel who falls under the
under Republic Ad. Nr 8972, otherwise known as
the ·so1o Parents' Welfare Ad. of 2000·. For the purpose of avamng the Expanded
Maternity Leavei the foffowing female- military· personnel shall be considered as. "solo
parents•: .
1) Tl'\Ose who gave birth as a result of rape and other crimes
against chastity even without a final conviction of the offender, provided that the
mother keeps and. raises· the child;

2) Those who are left alone with e- the responsibility of.


parenthood due to death of spouse;
3) Those who ant left atone with the resP<l)nsibility of
parenthood while the spouse is detained or is serving sentence · tor+ a criminal
conviction for at least one (1) year;

4) Those who are left alone with the respOnsibility of


parenthood due to physical and/or mental incapacity of spouse as certified by a
public medical practitioner,

5)- Those who are left alone with the responsibility of


parenthood due to legal separation or de facto separation from spouse for at least
. one (1} year;

6) Those who are left atone with the · responsibility of


parenthood due to decJarstion of nullity or annulment of marriage as decreed by a
court or by church; ·

7) Those who are left solo or alone with the responsibility of


parenthood due to abandonment of spouse for at least one (1) year; and
8) Those unmamed mother who has preferred to keep and
rear her child/children instead of having others care for·· them or give. them up to a.
welfare institution.
k. Leave Balance - refers to the accumulated Vacation and Sick
leaves of an · individual military personnel that is· being maintained by the adjutant
~~. '

I. ~ · ~·: ~··.- refers to- the increased Maternity


Leave and other benefit options of
femaie ~workers botfl in the public and· private
sect.ors, as a result of the enactment of RA Nr 1121 O and its IRR.
5. .~, P<>hlCIES;
.a. The Expanded Maternity· Leave shall cover at! female military
personnel in the AFP regardless of civil status and the legitimacy of her child.

lb. Paid ...

Page 3 of 8 pages
RE§ I BlC. TE Q
AFP Core Values:Honor. Se1Yiee1 Pab1Drilm
AFP Vision 2028: A ~ass Armed Fotr::es, Source of NatiOnal Pride
R~~·IB!~I-~.Q
Ltr Dir.NfJ1, GHQ. AFP dtd-29 July-201-9, cont•n:
. 'tiiP.',
P~,,.. :::~1·(i·.e:, days on leave are not deducted·from
the Leave Balance) shall be granted to a qualified female military personnel for the
duration of:
1) 105 days for live childbirth, regardless of the mode of
delivery, and an additional fifteen 15 days paid leave if the female per.sonnet qualiftes
as a solo parent; or

2) · · 60 days paid leave for miscarriage and ~mergency


termination of pregnancy .
. .· c. · In c.iM.:wJ~e glilQ.biitJl, :female miltta . ·. ·'per$ohr111: ·ma · /·at ·her
option,: extend for an addit10n&i '·flave of 30.(iaya .or· less ~out •pay~ The :dditional
days of leave by the concerned female personnel shall be deducted/charged from
her ..unused Leave Balance, if there is any. In case the outstanding.leave Balance.
cannot cover the whole number of days of extended leave, then the uncovered ·feave
shall be proportionately deducted. from her ·satary for the corresponding month.
d. Health care services for prenatal, delivery, postpartum· and
pregnancy-related conditions shall be granted to female personnel in an military
treatment facilities (MTFs). Hospital confinement or treatment in civilian
hospit.atsltreatment facilities shall be in accordanoe with the existing AFP policies.

e. In all of the above instance&, the Maternity Leave can be


· credited as combinations of prenatal and leave as long as it does not exceed 105
day$ or 60 days-. as the case may be. In no case shall be less than 60 days.

f. For extended Matemity 4eave; due notice ·Joh .. the:-··''·Unit


Commande{/ChfftfiJ:>fJ)IIQe",shall be ,ffl8de.iff:·~-(AGQ·:Firm't~hfotp~ .·
~~ ·form) tor· !.Ol?m?.~:·at least 45 days ·tiefote the end 'ot'ft"fwifftrfflflfi\¥'
persoe\n&l's ·matetnaty ieave. No prior notice shalt be necessary in the::event of a
medical emergency but subsequent notice shall be given to her Unit
Commander/Chief of Office. ·

The additional period of extended Maternity Leave without pay


g.
shall not be considered as gap in the military service of concerned female military
personnel.
. . .
h 'N ~..;. .:; . :· . -. intefd''~;
&...'--.-....:: -Hi&airv=. :~.
··:l:lt::'J1Jg··:,,n;n·1~···,,·1 ~~~,.TJ'-:,~~.11~"·:·· ;·
......-a,.~·:·.~:.',~·
>"·1.u·:!'GY.•tJ:f:rg:n;,:r~~~ ..Uti'
. al~ng·. .aven .(7);-· qeys ·. [e&'ie to :the ""didia·:' ·father 6r :alt$mate · caregiver. • as
~~; it is understood that subject personnel has an option to avail 98 days only
of fully paid Matemity Leave and 8"ocate the aforesaid seven {7) days leave with
pay to her child's father or alternate caregiver; or in case. fuU pay of 1 os. days
maternity benefit has· been given to the femaJe personnel, the child's father of the
alternate caregiver, as· the case may be, shatl onty· be excus«S from work (leave
without pay). The leave without pay shaO not be considered· gap in the service.

Ii. Frequency ..•..

Page • of 8 pages
R~SIH!~rgo
AFP Cort Value&: Honor, Selw»i Patriotttm
. .
AFP Vision 2028: A WOrld-aasa Armed Foroes, Souroe of National Pride
B~§IB!~IliQ
LtrQir Nt71. GHQ, Af Pdtd 29 July 2019, cont'n:
l. ·-,~~Of,;theGrilnf;.;;;.M~mJtt,Leave·shaU be granted to a
qualified female. personnel in every instance of pregnancy, miscamage or
emergency termination of pregnancy, regardless of frequency.

j. Grant . of Maternity . Leave Benefits After.· Termination . of


,J~y~;- Matemtty 'Leave with full ·pay shall be granted to dismiss female
military··· personnel, provided that the chtklbirth, miscarriage. or emergency
termination of pregnancy· occurs within 15 days from the time of her
separationldismissat from service. However, such period is not applic,able if her
termination is without just cause, in which the female military person~el shalt be
entitled to full pay for 105 deys (for childbirth) or eo days. (for. misearriage or
emergency tennination of pregnancy). ·

k. T.he Maternity Leave ~-. granwd . shall be . enjoyecl by<a·


~:.military personnel even if she has & pending.admlnlatrative·~. Money,
. property and work-related accountabilities as well as pending administrative case
shall not deprive the female personnel of the availment of her Maternity Leave
benefits.

l. The granting of the .~ded- Maternity -L$ave. to ·tbe--femttle


military personnel shalt not be used as basis fot'.demotion or diamissal-from:service.
The transfer to a-parallel position or rea86ignment fromone (1} unit to another shan
be allowed.

m. The AFP shall not discriminate against the employment of


women in order to avoid the benefits provided for in the granting of the Expanded
Maternity Leave.
I
n. Cont,eeutive pregf18ncies and multiple child.births -f- In case of
overlapping maternity benefit claims, e.g., one miscarriage or emergency termination
of pregnancy after the other or followed by live childbirth, the cencemed female
personnel shall be granted maternity benefits for the . two (2) contingencies in a
consecutive manner.

o. The female military personnel shall be paid only one ( 1)


maternity benefit, regardless of the number of offspring,. per childbirth/delivery.

p. Atl00.$tion \<> ~ Child's Father or Alternate . CaregNer - A


female military personnel entitled to Maternity Leave benefits may, at· her option,
allocate up to seven (7} days of the said benefits to the c:hitd'sfather whether or not
the same is married to the female personnel.

/q. In case ...

Page 5 of 8 pages
BESIB!,IEQ
AFP Core Values: Honor, SeMCt, PatrJotism
AFP v;s;on· 2028: A ~·
. ArmedForcec, .source of National Pride
B~SIB1~I~l2
Ur Qtf'Nc 71, gHa, AFP dtd 29 Jutv 2019, cont'n:

'~i·i-f~wtl=.~:tti,~~~~~:i:s :,S;f ·::


following, upon the con.acious choice of the mother taking into account the best
interests of the child:
1) A relative within the fourth (4tti) degree of consanguinity;
or
2) The current partner, regardlessof sexual orientationor
gender identityi of the female personnel sharing the. same househok.t.
r. The option to allocate Maternity Leave,. credits s~all not be
appUcable in case the femaJe personnel suffers miscarriage or ~mergency
termination-of pregnancy.
s. The respective personnel or administrative officers of
units/offices shall be responsible in infonning the Promotion/Reenlistment Boards of
pregnant military· personnel, who are due for promotion or reenlistment.
t. . .-flelth otPen'henentt~ .of the·f~·Mifitary,~nel
In the event the 'beneficiary fema1e··personnef .. dies or becomes permanently
incapacitated, the balance of her Maternity Leave benefits, if any, shaU accrue to the
child's father or to a qualified alternate caregiver a provided in this directive subject
to the foJlowing conditions:
1) That the Maternity leave benefits have not yet been
commuted to cash, if applicable; and
2)That a certified true copy of the Death Certificate or
Medical Certificate or abstract is provided to the Unit Commander/Chief of Office of
both the female personnel and the chitds father or alternate caregiver.
6. PROCEDURES:
,. Notice .of Pregn&ncy and Application for Maternity Lfave·- The
female personnel shall give prior notice to the Commander /Chief of Office of her
pregnancy to avail the Maternity Leave by accomplishing AGO Fonn 110 (PAF) at
least 30 days in advance specifying the effective date of the leave, Provided that no
prior notice shaU be nec8S$8ry in the ev$tt of a medical emergency· but subsequent
notice sha1t b& given to the Unit Commander/Chief of Office.
b. If the female personnel intends to avail the extended Matemity
Leave without pay and/or aHocation of up to seven (7) days of the said benefits to the
chi~•s father, it should be clearly indicated in the AGO Form 11 O or Personnel Action
Form.
c. For
extended Maternity Leave option, the Unit
Commander/Chief of Office Shafi inform in· writing the concemed Adjutant Office and
Finance Unit for the proper recording of- the number of days of leave without pay,
subject to the existing policies on leave.

Id. If the female . . .


Page 6 of 8 page&
sg~!BlkTEQ
AFP C<W Valuel: HOIIOI". ~' Pett1otitm
.
AFP·Vision 2028: A Wolfd.class Armed Forces, Source of National Pride
B~~IB!~IEQ
Lir P.ir Nr 11 •. GHO, AFP dtd 29 July 2019. coorn:
d. If the female military personnel intends to allocate up to
seven (7) (Says of her Maternity Leave to the father of the chHd· who is al~o an AFP
personnel; the Paternity Leave of the child's father becomes up to 21 daY, from the
· current .14 days (Note: number of days for Paternity Leave are not to ~· deducted
from th$ Leave Balance}.
e. The approved leave request of the female military :personnel
allocating .seven (7) days to the child's father who is also an AFP member shall. be
attached during the filing of the latter's Paternity L.eave reQuest.
f. Makft;fflilitary->peraonne&,·: who· are atk)cated:·ifeven {7} day$
P~.:.L,eave. by . • the.if;.,no~ry .sppu$~r\ ·. shin: attaoh . ~the,;·.emp'9yer·s
•~"Maternity J;~""e: .: ~. ~ ttle -~or . ~ny. equi~ document
showit)g~ $t~ctt Same· ·shatr-·oe' attached by the male. military' . . personnel in his
application for Paternity Leave for up to 21 days (Note: number of days for Paternity
Leave·are not to be deducted from the Leave Balance}
7. DOCUMENTARYREQUIREMENTS:
a. Accomplished Personnel Action Form (AGO Form 11 O) that
indicates the duration and effectivity of Maternity Leave-With the intention to ·avail
extended Maternity· Leave and/or allocation of up to seven· (7) days leave to the
father of the child or to an alternate caregiver, as applicable;.

b. Report of pregnancy certified· by Obstetrician G)'!lecologist


(OB-GYN) with attached ultrasound (UTZ) result indicating the age of gestation and
e)(J)Mted date of delivery;
c. Current available Leave Baiance of the female military
personnel signed by the unit Adjutant. if she intends to ~Y for extended Maternity
Leave without pay; and
d. Employer's approftd Maternity Leave of non-military
spouse/partner or any equivarent document showing that she is aHocating up to
seven (7) days of her Maternity Leave to· her spouse/father· of the child or to an
alternate caregiver who is a member of the AFP.
8. APPROVINGAUTHORITY:
Approval of requests for expanded Maternity Leave shall be in
accordance with the existing AFP regulations on leave.

9. EFFECTIVITY:
This Letter Directive shall retroectivefy take effect on 11 M;rch 2019.
SpecifiQilly, those female military personnel who have either given biryt, or had
actual incidence of m~e or emergency termination of pregnancy, 8$ the case
may be, from 11 March 2019 onward·s, shall be covered by thtS directive.

/10. RESCISSION...
Page 7 of 8 .pages
Bg.§IB1~Ii12
AFP Core VIIIUe8: H0nori Servbt, Patriotism
.
AFP Vision 2028: A Wotfd.class Armed Foroes, Sou,ce of National Pride
.Bs~IRlkI E Q
Ltr Dir Nr 71, GHQ. AFP dtd 29 July 2019, cont'n:
10. RESCISSION:

All previous Letter Directives and other issuances,· or parts thereof that
are inconsistent with the foregoing provisions are hereby rescinded or modified
accordingly;

BY COMMANDOF GENERALMADRIGALJUNIOR:

DISTRIBUTION:
.,~

Page 8 of 8 pages
BE.SIBJ~IE D
AFP COre Values: HOflot, ~. Patrlotlatn

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