THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
’04 
AUC; 10 A ?  ‘-17 
First Regular Session 
1 
G 
IIEClllVED BY :.- 
S E N A T E  
1672 
S. B. No. 
Introduced by: Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
Overseas Filipino Workers contribute greatly to the nation building. 
This year alone, OFWs remitted billion of dollars to the country to the 
much-needed foreign currency into the economy. 
This bright spot, 
however, has its own drawbacks. OFWs reap the fruits of their labor 
earning money from foreign countries, but they suffer in silence the 
tremendous solitude and isolation in distant lands, away from the comfort 
and love of their families and friends. 
Families of OFWs also carry the same burden. They bear the pain 
of separation from loved ones, who have to travel thousand miles to earn a 
living. As a result, many OFW families are dysfunctional. 
An Overseas Filipino Worker’s spouse necessarily plays the role of 
both father and mother back home. Like a single parent, said spouse 
alone, will have to attend to the needs of their family. The demands of the 
double role played by the OFWs spouse are so heavy that they often do 
not have the time to carry out or complete their tasks. 
This bill seeks to provide a solution to that problem. It aims to give 
every legitimate spouse-employee of an Overseas Filipino Worker in the 
private and public sectors an additional special leave credit of fifteen (15) 
days a year with full pay, subject to certain exceptions. 
The passage of this bill is earnestly requested. 
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4 


'04 
p,uG t o  1113 3 7  
c2 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
~~~(~~~~~~ 
BY : -+-I-- 
167 
S. B. No. 
Introduced by: Senator Aquilino Q. Pimentel, Jr. 
AN ACT GRANTING A SPECIAL LEAVE OF ABSENCE OF FIFTEEN (15) 
DAYS A YEAR WITH FULL PAY TO ALL LEGITIMATE SPOUSES OF 
OVERSEAS WORKERS IN THE PRIVATE AND PUBLIC SECTORS AND 
FOROTHERPURPOSES 
Be it enacted by the Senate and the House of Representatives of 
the Philippines in Congress assembled: 
SECTION 1. 
Leave for Overseas Workers' Spouses Act of 2004". 
SECTION 2. 
Notwithstanding any law, rules and regulations to the 
contrary, every legitimate spouse-employee of an overseas worker in the 
private and public sectors shall be entitled to a migrant worker's spouse 
leave of fifteen (1 5) days a year with full pay. 
Employees availing of this leave privilege shall submit to their employer the 
following: 
Short Title. - This Act shall be known as the "Special 
1. Name of spouse 
2. Copy of their Marriage Contract 
3. Information as to the nature and place of work of the overseas 
4. Copy of the overseas worker's passport 
worker concerned 
SECTION 3. 
following terms shall have the meaning as indicated hereunder: 
Definition of Terms. - For purposes of this Act, the 
1. "Employee" refers to any person who performs services for another 
and receives compensation therefor, provided an employer- 
employee relationship exists between them. 
2. "Overseas worker" refers to a person who is engaged in a 
remunerated activity in a state of which he or she is not a legal 
resident. 
3. Special Overseas Worker's Spouse Leave refers to the leave 
benefits with pay for a period of fifteen (15) days a year granted to 
an employee who is a legitimate spouse of an overseas worker. 
This special leave may be utilized to attend to the needs of the 
overseas worker's family. 


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4. “Spouse” refers to the legitimate wife or husband. One who is legally 
married to the overseas worker concerned. 
SECTION 4. Disqualifications. The following employees shall not be 
allowed to avail of this leave: 
1. Those who are absent from work without official leave 
2. Those who are on vacation, sick, forced or study leave, or those who 
have already availed of other forms of leave allowed by law 
3. Those whose services are necessary to prevent loss of life or 
damage to property, brought about by serious accidents, fires, 
floods, typhoons, earthquake, epidemic or other disasters 
SECTION 5. Tax Credit. Income Tax Deduction for Employers in Non- 
Government Institutions. - Employers in non-government institutions 
granting this leave benefit shall be accorded income tax deduction from its 
gross income for each taxable year, based on the actual cost paid by the 
employer in granting this leave benefit to its qualified employees. 
For purpose of claiming tax credits, private establishments are required to 
keep separate records of their employees who avail of this leave benefit. 
SECTION 6. 
The Secretary of Labor and Employment and the 
Chairman of the Civil Service Commission shall, within thirty (30) days 
from the effectivity of this Act, issue such rules and regulations necessary 
for the proper implementation of the provisions of this law. 
SECTION 7. 
Any person, corporation, trust, firm, 
partnership, 
association or entity found violating this Act or the rules and regulations 
promulgated thereunder shall be punished by a fine not exceeding Twenty- 
Five thousand pesos (P25,OOO) or imprisonment of not less than thirty (30) 
days nor more than six (6) months. 
If the*violation is committed by a corporation, trust or firm, partnership, 
association or any other entity, the penalty of imprisonment shall be 
imposed on the entity’s responsible officers, including, but not limited to, 
the president, vice-president, chief executive officer, general manager, 
managing director or partner directly responsible therefor. 
SECTION 8. 
Nondiminution Clause. - Nothing in this Act shall be 
construed to reduce any existing benefits of any form granted under 
existing laws, decrees, executive orders, or any contract, agreement or 
policy between employer and employee. 
SECTION 9. 
Repealing Clause. - All laws, ordinances, rules, 
regulations, issuances, or parts thereof which are inconsistent with this Act 
are hereby repealed or modified accordingly. 
SECTION I O .  
Effectivity. - 
This Act shall take effect fifteen (15) days 
from its publication in the Official Gazette or in at least two (2) newspapers 
of national circulation. 
Approved.