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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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173 :1(j: 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
It has been observed that the number of single-parent households and two-parent 
households in which the single parent or both parents work has increased significantly. Thus, 
there is less opportunity for either or both parents to participate in early childrearing and the care 
of family members who have serious health conditions, despite its importance in the 
development of children and the family unit. However, there is a lack of employment policies to 
accommodate working parents can force individuals to choose between job security and 
parenting. 
It has also been observed that due to the nature of the roles of men and women in our 
society, the primary responsibility for family caretaking often falls on women, and such 
responsibility affects the working lives of women more than it affects the working lives of men. 
Employment standards that apply to one gender only have serious potential for encouraging 
employers to discriminate against employees and applicants for employment who are of that 
gender. 
This bill 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. More specifically, it aims to entitle employees to take reasonable 
leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, 
or parent who has a serious health condition, but, at the same time, accommodate the legitimate 
interests of employers. It also seeks to minimize the potential for employment discrimination on 
the basis of sex by ensuring generally that leave is available for eligible medical reasons, 


including maternity-related disability, and for compelling family reasons, on a geiider-neutral 
basis. Lastly, it aims to promote the goal of equal eniployment opportunity for women and men. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILlPPlNES 
j 
Third Regular Session 
1 
SENATE 
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Ji- 3 
S. B. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO GRANT FAMILY AND TEMPORARY MEDICAL LEAVE 
UNDER CERTAIN CIRCUMSTANCES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Family and Medical Leave 
Act of 2006“. 
SECTION 2. Declaration ofPolicy. - It is lhe policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to create a law granting family and 
temporary medical leaves to certain employees under certain circumstances. 
SECTION 3. Definition of Terms. - For purposes of this Act, the term 
(A) 
“Commerce” or ”industry or activity affecting co~nmerce” means any activity, 
business, or industry in commerce or in which a labor dispute would hinder or 
obstruct commerce or the free flow of commerce, and include “commerce” 
and any “industry affecting commerce”. 
“Commission” means the National Labor Relations Commission. 
“Eligible eniployee” means an employee who has been employed 
(1) For at least twelve (12) months by the employer with respect to whom 
(B) 
(C) 
leave is requested under Section 4 of this Act; or 
(2) For at least 1,250 hours of service with such employer during the previous 
12-month period. 


The term “eligible employee“ does not include any government employee 
covered by the Civil Service Code; or any employee of an employer who is employed 
at a worksite at which such employer employs less than fifty (50) employees if the total 
number of employees employed by that employer within twenty (20) kilometers of that 
worksite is less than fifty (50). 
“Employee” means any individual employed by an employer. 
“Employer” means any person acting directly or indirectly in the interest of an 
employer in relation to an employee and shall include the government and all 
its branches, subdivisions and instrumentalities, all government-owned or 
controlled corporalions and institutions, as well as non-profit private 
institutions, or organizations. 
“Employment benefits” means all benefits provided or made available to 
employees by an employer, including group life insurance, health insurance, 
disability 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. 
“Health care provider” means a doctor of medicine or osteopathy who is 
authorized to practice medicine or surgery by the State in which the doctor 
practices; or any other person determined by the State to be capable of 
providing health care services. 
“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. 
“Reduced leave schedule“ means a leave schedule that reduces the usual 
number of hours per workweek, or hours per workday, of an employee. 
“Secretary” means the Secretary of Labor. 
“Serious health condition” means an illness, injury, impairment, or physical or 
mental condition that involves inpatient care in a hospital, hospice, or 


residential medical care facility; or continuing treatment by a health care 
provider. 
“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 under 
eighteen (18) years of age; or eighteen (18) years of age or older and 
incapable of self-care because of a mental or physical disability. 
“Spouse” means a husband or wife, as the case may be. 
(L) 
(M) 
SECTION 4. Entitlement to Leave. - Subject to the Certification requirement under 
Section 9 of this Act, eligible employee shall be entitled to a total of twelve (12) workweeks of 
leave during any twelve (12) month period for one or more of the following: 
The birth of a son or daughter of the employee and in order to care €or such son 
or daughter. 
The placement of a son or daughter with the employee for adoption or foster 
care. 
In order to care for the spouse, or a sou, daughter, or parent, of the employee, if 
such spouse, son, daughter, or parent has a serious health condition. 
A serious health condition that makes the employee unable to perform the 
functions of the position of such employee. 
The entitlement to leave under Paragraphs (A) and (B) above for a birth or 
placement of a son or daughter shall expire at the end of the twelve (I 2) month period 
beginning on the date of such birth or placement. 
SECTION 5 .  Leave Taken Intermittently or on a Reduced Leave Schedule. - Leave under 
Paragraph (A) or (B) of the preceding Section shall not be taken by an employee intermittently or 
on a reduced leave schedule unless the employee and the employer of the employee agree 
otherwise. Subject to the requirements under Section 9, leave under Paragraph (C) or (D) of the 
preceding Section may be taken intermittently or on a reduced leave schedule when medically 
necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this 


paragraph shall not result in a reduction in the total amount of leave to which the employee is 
entitled beyond the amount of leave actually taken. 
If an ,employee requests intermittent leave, or leave on a reduced leave schedule, under 
Subparagraph (C) or (D) of the preceding Section, that is foreseeable based on planned medical 
treatment, the employer may require such employee to transfer temporarily to an available 
alternative position offered by the employer for which the employee is qualified and that has 
equivalent pay and benefits; and better accommodates recurring periods of leave than the regular 
employment position of the employee. 
SECTION 6. Unpaid Leave Permitted. - If an employer provides paid leave for fewer 
than 12 workweeks, the additional weeks of leave necessary to attain the twelve (12) workweeks 
of leave required under this title may be provided without compensation. 
Except as provided in the next succeeding Section, leave granted under Section 4 may 
consist of unpaid leave. Where an employee is otherwise exempt under regulations issued by the 
Secretary, the compliance of an employer with this title by providing unpaid leave shall not affect 
the exempt status of the employee under such section. 
SECTION 7. Substitution of Paid Leave. - An eligible employee may elect, or an 
employer may require the employee, to substitute any of the accrued paid vacation leave, personal 
leave, or family leave of the employee for leave provided under Paragraph (A), (B), or (C) of 
Section 4 for any part of the twelve (12) week period of such leave under such subsection. 
An eligible employee may elect, or an employer may require the employee, to substitute 
any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee 
for leave provided under Paragraph (C) or (D) of Section 4 for any part of the twelve (12) week 
period of such leave, except that nothing in this Act shall require an employer to provide paid 
sick leave or paid medical leave in any situation in which such employer would not normally 
provide any such paid leave. 


SECTION 8. Foreseeable Leave. - In any case in which the necessity for leave under 
Paragraph (A) or (B) of Section 4 is foreseeable based on an expected birth or placement, the 
employee shall provide the employer with not less than thirty (30) days' notice, before the date 
the leave is to begin, of the employee's intention to take leave under such Paragraph, except that 
if the date of the birth or placement requires leave to begin in less than thirty (30) days, the 
employee shall provide such notice as is practicable. 
In any case in which the necessity for leave under Paragraph (C) or @) of Section 4 is 
foreseeable based on planned medical treatment, the employee shall make a reasonable effort to 
schedule the treatment so as not to dismpt unduly the operations of the employer, subject to the 
approval of the health care provider of the employee or the health care provider of the son, 
daughter, spouse, or parent of the employee, as appropriate; and shall provide the employer with 
not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's 
intention to take leave under such Paragraph, except that if the date of the treatment requires 
leave to begin in less than thirty (30) days, the employee shall provide such notice as is 
practicable. 
h any case in which a husband and wife entitled to leave under Section 4 are employed 
by the same employer, the aggregate number of workweeks of leave to which both may be 
entitled may be limited to twelve (12) workweeks during any twelve (12) month period, if such 
leave is taken under Paragraph (A) or (B) of Section 4; or to care for a sick parent under 
Paragraph (C) of such Section. 
SECTION 9. Certification. - An employer may require that a request for leave under 
Paragraph (C) or (D) of Section 4 be supported by a certification issued by the health care 
provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as 
appropriate. The employee shall provide, in a timely manner, a copy of such certification to the 
employer. 
Certification that is required by the employer pursuant to Paragraph 1 above shall be 
sufficient if it states the following: 
(A) 
The date on which the serious health condition commenced; 


(B) 
(C) 
The probable duration of the condition; and 
The appropriate medical facts within the knowledge of the health care provider 
regarding the condition; 
For purposes of leave under Paragraph (A) of Section 4, a statement that the eligible 
employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount 
of time that such employee is needed to care for the son, daughter, spouse, or parent. For 
purposes of leave under Paragraph (D) of the same Section, a statement that the employee is 
unable to perform the functions of the position of the employee 
In the case of certification for intermittent leave, or leave on a reduced leave schedule, for 
planned medical treatment, the dates on which such treatment is expected to be given and the 
duration of such treatment; 
In the case of certification for intermittent leave, or leave on a reduced leave schedule 
under Paragraph (D) of Section 4, a statement of the medical necessity for the intermittent leave 
or leave on a reduced leave schedule, and the expected duration of the intermittent leave or 
reduced leave schedule; and 
In the case of certification for intermittent leave, or leave on a reduced leave schedule, 
under Paragraph C of Section 4, a statement that the employee's intermittent leave or leave on a 
reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a 
serious health condition, or will assist in their recovery, and the expected duration and schedule 
of the intermittent leave or reduced leave schedule. 
In any case in which the employer has reason to doubt the validity of the certification 
provided under Paragraph 1 above for leave under Paragraph (C) or (D) of Section 4, 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. 
SECTION 10. Prohibited Acts. - The following shall be considered unlawful under this 
To interfere with, restrain, or deny the exercise of or the attempt to exercise, any 
right provided under this Act; 
To discharge or in any other manner discriminate against any individual for 
opposing any practice made unlawful by this Act; 
To discharge or in any other manner discriminate against any individual because 
such individual has 
(1) Filed any charge, or has instituted or caused to be instituted any proceeding, 
under or related to this Act; 
Given, or is about to give, any information in connection with any inquiry or 
proceeding relating to any right provided under this title; or 
Testified, or is about to testify, in any inquiry or proceeding relating to any 
right provided under this title. 
(2) 
(3) 
Any person found by the National Labor Relations Commission to have 
committed any of the prohibited acts above shall be liable for the damages in the amounts 
described in the next succeeding Section. 
SECTION 11. Liabilities. - Any eniployer who commits any of the prohibited acts shall 
be civilly liable to any eligible employee affected for damages equal to 
(A) 
The amount of any wages, salary, employment benefits, or other compensation 
denied or lost to such employee by reason of the violation. 
In a case in which wages, salary, employment benefits, or other compensation 
have not been denied or lost to the employee, any actual monetary losses 
(B) 


sustained by the employee as a direct result of the violation, such as the cost of 
providing care, up to a sum equal to twelve (12) weeks of wages or salary for the 
employee the interest on the amount described in clause calculated at the 
prevailing rate; 
An additional amount as liquidated damages equal to the sum of the amount and 
the interest described in Paragraph (B) above, except that if an employer who has 
violated Section 10 proves to the satisfaction of the Commission that the act or 
omission was in good faith and that the employer had reasonable grounds for 
believing that the act or omission was not a violation, the court may, at its 
discretion, reduce the amount of the liability to the amount and interest 
determined under Paragraphs (A) and (B) respectively; and 
(C) 
(D) 
For such equitable relief as may be appropriate, including employment, 
reinstatement, and promotion. 
An action to recover the damages or equitable relief prescribed above may be filed by the 
maintained against any employer in any court of competent jurisdiction by any one or more 
employees for and in behalf of the employees; or the employees and other employees similarly 
situated. 
The court in such an action shall, in addition to any judgment awarded to the plaintiff, 
allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to 
be paid by the defendant. 
The right provided by to bring an action by or on behalf of any employee shall terminate 
on the filing of a complaint by the Secretary pursuant to the next succeeding Section below in an 
action in which restraint is sought of any further delay in the payment of the amounts described 
in Paragraph 1 above to such employee by an employer responsible for the payment; or on the 
filing of a complaint by the Secretary of an action in which a recovery is sought of the damages 
owing to an eligible employee by an employer, unless the action is dismissed without prejudice 
on motion of the Secretary. 


SECTION 12. Action by the Secretary of Labor. - The Secretary shall receive, 
investigate, and attempt to resolve coniplaints of any commission or commissions of the prohibited 
acts under Section 10. The Secretary may bring a civil action in any court of competent jurisdiction 
to recover all the damages described in Paragraph 1 of Section 12 above. 
Any sums recovered by the Secretary pursuant to this Section shall be held in a special 
deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any 
such sums not paid to an employee because of inability to do so within a period of three (3) years 
shall be deposited into the Treasury of the Philippines as miscellaneous receipts. 
SECTION 13. Limitation on the Period Within which to Bring Suit. - Except as provided 
in , an action may be brought pursuant to this Act not later than two (2) years after the date of the 
last event constituting the alleged violation for which the action is brought. 
When action is commenced by the Secretary under Section 12, it shall be considered to 
be commenced on the date when the complaint is filed for the purposes of this Section. 
SECTION 14. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 15. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this act is hereby repealed, modified or amended accordingly. 
SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
lrgs