Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8679

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT PROVIDING FOR A FIVE (5)-DAY SPECIAL EMERGENCY LEAVE FOR ALL
WORKERS IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED BY NATURAL
CALAMITIES OR DISASTERS

EXPLANATORY NOTE

Philippines has always been a hotbed for typhoons, earthquakes, and other natural and man-
made disasters geographic position in Southeast Asia. According to World Risk Report 2018,
Philippines ranked third among all countries with and index value of 25.14%. Its geographical
location and physical environment make it highly susceptible to numerous natural hazards such
as sea level rise, storm surges, landslides, flood/flashfiood/fiooding, and drought. The Philippines
is located at the Pacific ring of fire which is a path along the Pacific Ocean characterized by active
volcanoes and frequent earthquakes. It is also located right at the midst of the Pacific typhoon
belt. Consequently, more tropical cyclones enter the Philippine Area of Responsibility (PAR) than
anywhere else in the world. Philippines experience an average of 20 tropical cyclones yearly, 5-6
of which are highly destructive.

‘And while the State has been continually adopting measures towards ensuring the preparedness
and resilience of communities to disasters, many Filipinos are situated at high-risk areas making
them more vulnerable to damages brought about by typhoons and other natural hazards.
Depending on the intensity of disasters, these households will have to evacuate their homes and
deal with damages after a disaster—eaving them unable to attend to their duties and
responsibilities as employees.

This measure seeks to grant special emergency leave to employees affected by natural calamities
or disasters. This is proposed in an effort to provide assistance to workers especially considering
the distress brought about by disasters and calamities. Under this measure, qualified employees
shall be entitled to a five (5) day special emergency leave each year.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

YRA ! {ian
District, Parafiaque Cit


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit No. 8679

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
PROVIDING FOR A FIVE (5)-DAY SPECIAL EMERGENCY LEAVE FOR ALL WORKERS
IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED BY NATURAL
CALAMITIES OR DISASTERS

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 “Calamity Leave Law”.

Sec. 2. Declaration of Policy. ~ It is the policy of the States as enshrined in Article II, Sec. 18
of the Constitution to protect the right of workers and promote their welfare. In compliance
therewith, it is of utmost important that workers and their right to safe and healthful working
conditions must always be upheld.

Towards this end, and consistent with legal instruments that protects and promote the rights of
the workers, the State shall institutionalize a mechanism to grant special emergency leave to
employee affected by natural calamities/disasters. Labor, as a primary social economic force, shall
be given the protection that the exigencies of time and circumstances mandate.

Sec. 3. Applicability. — Nl rights and benefits granted to employees under this Act apply to all
officials, workers and employees, whether in the public of private sector. This Act shall not apply
to government workers or employees who render services during or on occasion of natural
calamities or disasters.

Sec. 4. Calamity Leave. -

a) Every employee who has rendered at least six (6) month of service shall be entitled to
five (5)-day special emergency leave each year, with pay, in times of natural calamities
or disasters, based on any of the grounds specified in Section 6 of this Act.

b) This provision shall not apply to those already enjoying the benefit herein provided
regardless of nomenclature those enjoying similar emergency leave of at least five days
in times of natural calamities or disasters or personal emergencies and those employed in
establishments regularly employing less than ten (10) employees or in establishments


exempted from granting this benefit by the Secretary of Labor and Employment after
considering the viability of such establishment.

©) The grant of benefit in excess of that provided herein shall not be made a subject of
arbitration or any court or administrative action.

Sec. 5. Grant of Calamity Leave. - The five (5)-day Special emergency leave with pay shall
be available upon the declaration of a state of calamity by the President of the Philippine or by
the Local Sanggunian pursuant to Section 16 of R.A No. 10121. However, in case a specific area
was not declared under state of calamity but as nonetheless severely affected by the natural
calamity/disaster the head of the office or employer in the exercise of his/her sound discretion,
may grant the special emergency leave to affected employee based on proof or evidence
presented or news account.

The special emergency leave can be applied for five straight working days or on staggered basis
and will not be deducted from the employee's leave credits. This leave may be availed of by
employees within ten (10) days from the date when the natural calamity or disaster occurred.

Sec. 6. Purpose of the Calamity Leave. - Any qualified employee may avail of this special
emergency leave on any of the following grounds:

a) Being stranded in affected areas where there are no means of transportation that can
ensure a safe travel to and from work;

b) Disease or illness of employee incurred by reason of the natural calamity or disaster;

©) Caring of immediate family member affected by natural calamity or disaster; and

) Urgent repair and clean-up of damaged house.
Sec. 7. Verification and Validation. - The granting of the special emergency leave under this
‘Act shall be the duty of the head of office upon verification of the employee's eligibility thereto.
In determining the eligibility of an employee to the leave granted herein the head of office or
employer hall take into consideration the following:

1) Place of residence based on latest available records of the affected employee;

2) Declaration of calamity by the proper government agency;

3) Medical Certificate stating that the illness/ disease was suffered by the employee or his/her
immediate family member as a consequence of the natural calamity or disaster;

4) Availability of and access to public transportation on the day of the natural
calamity/disaster;

5) Road closure due to the natural calamity or disaster along the route taken and could be
taken by the employee to and from work; and


6) Other matters that may aid the head of office in his decision on the eligibility of the
employee to avail of the said grant.

Sec. 8. Suspension or Cancellation of Work. — If the head of office or employer suspended
or cancelled work on occasion of such natural calamity or disaster the employee may not be
required to apply the special emergency leave during such suspension or cancellation.

Sec. 9. Non-cumulative and on-commutative. - Unused leaves under this Act shall not be
cumulative and may not be converted into its cash equivalent.

Sec. 10. Non-diminution of Benefit. — Benefits granted under this Act shall not in any manner
mean any reduction, diminution, discontinuation or elimination of other existing benefits already
enjoyed by workers, Rights already vested prior to the effectivity of this Act shall remain to be in
full force and effect upon the passage of this Act.

Sec. 11. Construction in favor of labor. — Ail doubts in the interpretation and implementation
of the provision of this Act shall be resolved in favor of labor.

Sec. 12. Rules and Regulation. - The Department of Labor and Employment and other
government agencies charged with the administration and enforcement of this Act shall
promulgate the necessary implementing rule and regulations.

Sec. 13. Separability Clause. - If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, the other sections or provisions which are not affected shall
continue to be in full force and effect.

Sec. 14. Repealing Clause. — All law decrees, executive order, proclamations, rules and
regulations or parts thereof inconsistent herewith are repealed, amended or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in newspaper of general circulation.

Approved,