~r:mdr 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
(0ihft "I HI' :t>mpt.,~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 17 P 3 :tt7 
SENATE 
S. No. 
1692 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This proposed legislation seeks to provide protected leave for workers who suffer from 
domestic violence so that they can seek medical attention, obtain legal assistance, attend 
meetings of support groups, or participate in other activities. 
The proposed bill seeks to strengthen Republic Act No. 9262, or the Anti-Violence 
Against Women and their Children Act, and ensure that survivors of abuse have time to receive 
the care and attention they need. Victims of domestic violence already have been traumatized 
once and under no circumstances should their pain be exacerbated by the threat of losing their 
jobs. 
Many victims of domestic violence stay in abusive relationships because they are 
financially dependent on their abusers. By providing greater employment protection, this 
legislation will assist survivors of domestic violence to break free from the cycle of abuse in their 
I· 
, 
lves. 
~ 
... 4~ ......... ,O,¥~ 
# ,MIRIAM DEF~SOR S~TI¥O 
• This bill was originally filed in the third regular session of the 14th Congress. 


~cltr!tr 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
< 
t~lft;f d till': ,~1:'n"br~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 17 P 3 :47 
SENAlli 
S. No. 
tl92 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
REQUIRING CERTAIN EMPLOYERS TO PROVIDE EMPLOYMENT LEAVE FOR 
3 
VICTIMS OF DOMESTIC VIOLENCE; PROHIBITING CERTAIN ACTS; AND 
4 
PRESCRIBING PENALTIES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
5 
SECTION 1. Short Title. - This Act shall be Imown as the "Victims of Domestic 
6 
Violence Employment Leave Act." 
7 
SECTION 2. Definition of Terms. - For purposes of this Act, the term-
8 
(A) 
"DOMESTIC VIOLENCE" means any act or acts of abuse as defined in Section 3 
9 
of Republic Act No. 9262, also known as the "Anti-Violence Against Women 
10 
and Their Children Act of 2004"; 
11 
(B) 
"ELIGIBLE EMPLOYEE" is an individual who: 
12 
(1) 
is a victim of domestic violence or is the parent of a minor child who 
13 
is a victim of domestic violence; and 
14 
(2) 
has been employed for at least 12 months by the employer to whom 
15 
a request for leave under this Act is directed; 
16 
(C) 
"EMPLOYER" is any of the following: 
17 
(1) 
the National Government or an agency or instrumentality of the National 
18 
Government; 
19 
(2) 
a Local Government or an agency or instrumentality of the Local 
20 
Government; 
1 


21 
22 
23 
24 
25 
26 
27 
(D) 
(E) 
(3) 
a person or entity that employs at least 15 persons each work day for 20 or 
more weeks in a calendar year; or 
(4) 
a person or entity that employed at least 15 per,sons each work day for 20 or 
more weeks in the immediately preceding calendar year; 
"PERPETRATOR" is a person who has committed domestic violence against 
another person or persons; and 
"VICTIM OF DOMESTIC VIOLENCE" is a person who is subjected to domestic 
28 
violence by a perpetrator. 
29 
SECTION 3: Domestic Violence Employee Leave. - An eligible employee may 
30 
request and an employer shall permit an eligible employee to take leave with pay from work 
31 
for any of the following reasons: 
32 
(A) 
For the eligible employee to secure medical treatment to recover from injuries 
33 
suffered as a result of domestic violence; 
34 
(8) 
For the eligible employee to attend to legal proceedings relating to domestic 
35 
violence involving the eligible employee or the eligible employee's minor child; 
36 
(C) 
For the eligible employee to relocate to a new temporary or permanent residence 
37 
for reasons related to domestic violence; 
38 
CD) 
For the eligible employee to obtain counseling or advocacy services; or 
39 
(E) 
For the eligible employee to assist the employee's minor child who is a victim of 
40 
domestic violence in any of the actions in subparagraphs (A), (8), (C) or (D). 
41 
An eligible employee shall be entitled to a total of 10 days of leave during any 12-month 
42 
period. An eligible employee shall make a reasonable effort to schedule matters so as not to 
43 
unduly disrupt the operations of the employer. 
44 
SECTION 4. Notice. - Except as provided in this section, an eligible employee shall 
45 
provide the employer with at least five days advance notice of the eligible employee's intention 
46 
to take leave under Section 3. 
2 


47 
An eligible employee shall provide notice to the employer as soon as practicable if the 
48 
five day advance notice is not possible due to any of the following: 
49 
(A) 
The safety of the eligible employee or the eligible employee's minor child; 
50 
51 
(B) 
(C) 
The scheduling of any legal proceeding; or 
The availability of counseling or advocacy services. 
52 
SECTION 5. Certification. - An employer may require an eligible employee to provide 
53 
certification to the employer that the eligible employee or the eligible employee's minor child is a 
54 
victim of domestic violence, and that the leave is requested for any of the purposes enumerated 
55 
in Section 3. 
56 
The eligible employee shall provide the certification to the employer within a reasonable 
57 
period after the employer requests certification. An eligible employee may satisfy the 
58 
certification requirement by providing to the employer one of the following: 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
(A) 
(B) 
(C) 
(D) 
A police report indicating that the eligible employee or the eligible employee's 
minor child was a victim of domestic violence; 
A court order protecting or separating the eligible employee or the eligible 
employee's minor child from the perpetrator; 
A signed statement from a medical professional, therapist, clergy member, 
counselor, social worker, domestic violence counselor, or anti-domestic violence 
advocate affirming that the eligible employee or the eligible employee's minor 
child is undergoing counseling for physical or mental injuries resulting from 
domestic violence; or 
A signed statement from a police officer, victim and witness advocate or other 
court personnel, medical professional, therapist, clergy member, counselor, social 
worker, domestic violence counselor, or anti-domestic violence advocate 
affirming that the eligible employee or the eligible employee's minor child is 
involved in legal proceedings relating to domestic violence. 
3 


· . 
73 
SECTION 6. Confidentiality. - All information provided to the employer nnder section 5, 
74 
including the fact that the eligible employee has requested or obtained leave nnder this Act, shall 
7S 
be retained in the strictest confidence by the employer, except to the extent that disclosure is: 
76 
(A) 
Requested or consented to in writing by the eligible employee; or 
77 
(B) 
Required by courts of law in relation to a pending case. 
78 
SECTION 7. Prohibited Acts. - An employer shall not interfere with, restrain, or deny the 
79 
exercise or the attempted exercise of any right provided nnder this Act. An employer shall also 
80 
not discriminate against an eligible employee for exercising the eligible employee's rights Ulider . 
81 
this Act. 
82 
SECTION 8. Penalties. - An employer who violates section 7 of this Act shall suffer the 
83 
penalty of a fine of not less than Thirty Thousand Pesos (P30,000.00) but not more than One 
84 
Hundred Thousand Pesos (PIOO,OOO.OO). 
85 
SECTION 9. Separability Clause. - If any provision or part thereof is held invalid or 
86 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
87 
valid and subsisting. 
88 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
89 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
90 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
91 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
92 
publication in at least two (2) newspapers of general circulation. 
Approved, 
4