EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. No. 
303
'
of t:if -  ■ f ■ finW’
T9 JUL-8 P3-.45
RFCEIVED liY:
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
GRANTING 15 DAYS OF PAID LEAVE A YEAR TO EMPLOYEES WHOSE 
SPOUSE, PARENT, UNMARRIED CHILD, OR WHEN THEY THEMSELVES ARE 
SUFFERING FROM SERIOUS ILLNESS
EXPLANATORY NOTE
Many workers cannot afford to take unpaid time off work to provide care for 
their ailing child, parent or immediate family members. Family caregivers face 
financial, physical and emotional hardships, and in many cases their careers, incomes, 
and retirement security suffer because of their family responsibilities.
Due to the nature of the roles of men and women in our society, the primary 
responsibility for family caretaking also often falls on women, and such responsibility 
affects the working lives of women more than it affects the working lives of men.
This bill seeks to grant 15 days of paid leave a year to employees whose spouse, 
parent, unmarried children, or when they themselves are suffering from serious illness. 
During prolonged illnesses or sickness, more often than not, employees consume their 
sick leave and vacation leave to attend to said exigencies. If not directly used for leave 
purposes, employees under the said situation resort to monetizing their accumulated 
leave credits to augment their financial needs, hence, diminishing the retirement 
money that will help them in their twilight years of non-employment.
The "Family and Medical Leave Act of 2019" will give employees a new venue 
to attend further to their families during these trying times without necessarily 
compromising their future income and fear the loss of their jobs. It also seeks to


balance the demands of the workplace with the needs of families, to promote the 
stability and economic security of families, and to promote national interests in 
preserving family integrity.
Considering the foregoing, the passage of this bill is earnestly sought.
RAM0N BONG RE VILLA, JR.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. No. 
303
•19 JUL-8 P 3 '45
RECEIVED [?:•.
3 =
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
GRANTING 15 DAYS OF PAID LEAVE A YEAR TO EMPLOYEES WHOSE 
SPOUSE, PARENT, UNMARRIED CHILD, OR WHEN THEY THEMSELVES ARE 
SUFFERING FROM SERIOUS ILLNESS
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the "Family and Medical
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Leave Act of 2019."
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Sec. 2. Declaration o f Policy. -  It is hereby the policy of the State to reinforce
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the importance of the family as the primary social institution of society. The State shall
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support and uphold the health and well-being of the family.
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Sec. 3. Definition o f Terms. -  For purposes of this Act, the term:
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(A) "Eligible employee" means an employee who has been employed— (i) for
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at least 12 months by the employer with respect to whom leave is requested; and (ii)
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for at least 1,250 hours of service with such employer during the previous 12-month
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period.
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EXCLUSIONS. —The term "eligible employee" does not include— (ii) any
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employee of an employer who is employed at a worksite at which such
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employer employs less than 50 employees if the total number of employees
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employed by that employer within 75 miles of that worksite is less than 50.


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(B) "Employer" means any person engaged in commerce or in any industry or 
activity affecting commerce who employs 50 or more employees for each working day 
during each of 20 or more calendar workweeks in the current or preceding calendar 
year; (ii) includes— (I) any person who acts, directly or indirectly, in the interest of an 
employer to any of the employees of such employer; and (II) any successor in interest 
of an employer;
(C) "Employment Benefits" means all benefits provided or made available to 
employees by an employer, including life insurance, health insurance, sick leave, 
annual leave, educational benefits, and pensions, regardless of whether such benefits 
are provided by a practice or written policy of an employer or through an "employee 
benefit plan",
(D) "Health care provider" means— (i) a doctor of medicine or osteopathy who 
is authorized to practice medicine or surgery (as appropriate) by the State in which 
the doctor practices; or (ii) any other person determined by the Secretary to be 
capable of providing health care services.
(E) "Parent" means the biological parent of an employee or an individual who 
stood in loco parentis to an employee when the employee was a son or daughter.
(F) "Secretary" means the Secretary of Department of Labor and Employment 
(DOLE).
(G) "Serious health condition" means an illness, injury, impairment, or physical 
or mental condition that involves— (i) inpatient care in a hospital, health center, lying- 
in clinic, or residential medical care facility; or (ii) continuing treatment by a health 
care provider.
(H) "Son or daughter" means a biological, adopted, or foster child, a stepchild, 
a legal ward, or a child of a person standing in loco parentis, who is— (i) under 18 
years of age; or (ii) 18 years of age or older and incapable of self-care because of a 
mental or physical disability.
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(I) "Spouse" means a husband or wife, as the case may be.


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Sec. 4. Coverage. -  Any employee, regardless of status, may apply for and shall 
be granted by the employer a paid family and medical leave of up to fifteen (15) days 
when his/her spouse, parent or unmarried child suffers from a serious illness; 
Provided, however. That spouses working for the same employer when availing of the 
benefits under this Act shall only be granted a combined total of fifteen (15) days of 
paid leave. The employee may also apply for the same if he himself is physically unable 
to perform his job due to serious illness.
Sec. 5. Certification-Jhe. leave application shall be accompanied by a notarized 
medical certificate duly accomplished by a licensed physician. The medical certificate 
must clearly state the nature and extent of the illness, the date on which the serious 
health condition commenced, the probable duration of the condition, and the 
appropriate medical facts within the knowledge of the health care provider regarding 
the condition.
In any case in which the employer has reason to doubt the validity of the 
certification the employer may require, at the expense of the employer, that the 
eligible employee obtain the opinion of a second health care provider designated or 
approved by the employer concerning any information certified for such leave. The 
health care provider designated or approved shall not be employed on a regular basis 
by the employer.
In any case in which the second opinion differs from the opinion in the original 
certification, the employer may require, at the expense of the employer, that the 
employee obtain the opinion of a third health care provider designated or approved 
jointly by the employer and the employee concerning the information certified. The 
opinion of the third health care provider concerning the information certified shall be 
considered to be final and shall be binding on the employer and the employee. The 
employer may require that the eligible employee obtain subsequent re-certifications 
on a reasonable basis.
Sec. 6. The employees availing of the leave benefits under this Act shall, upon 
return, be reinstated to his original position with equivalent pay, benefits and all other 
terms and conditions of employment.


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Sec. 7. The fifteen (15) days leave provided under this Act may be availed of 
by the employee in parts but no remainder thereof shall be carried over the succeeding 
year. Provided, that no accumulated leave credits under this provision shall accrue in 
favor of the employee for every year of service.
Sec. 8. The leave benefits mandated under this Act shall not diminish or affect 
whatever vested rights and benefits the employee is already receiving under the law 
collective bargaining agreement (CBA) or from the employer: Provided, that the 
employee who is already receiving a similar unpaid leave benefits under the law or 
CBA shall only be entitled to a maximum of fifteen (15) days of paid leave benefits.
Sec. 9. Implementing Rules and Regulations. -  The Secretary of the 
Department of Labor and Employment shall promulgate the necessary rules and 
regulations to effectively implement this Act.
Sec. 10. Separability Clause. -  If any of the provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectively of other 
provisions hereof.
Sec. 11. Repealing Clause. -  All laws, presidential decrees, executive orders 
proclamations and administrative regulations, which are inconsistent with the 
provisions of this Act, are hereby amended, modified, superseded or repealed 
accordingly.
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Sec. 12. Effectivity Clause. -T his Act shall take effect fifteen (15) days after its
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publication in two (2) newspapers of general circulation.
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Approved,