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Republic of the Philippines Te. a
HOUSE OF REPRESENTATIVES |, BY. =
Quezon City Xs &J
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EIGHTEENTH CONGRESS E DEX 8S
First Regular Session
3324
HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

This bill seeks to grant two (2) weeks of unpaid leave a year to employees whose spouse,
parent, unmarried child or when they themselves are suffering from serious illness.

During prolonged illnesses or sickness, more often than not, 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 the employees a new venue to
attend further to the family during these trying times without necessarily compromising
their future income and fear the loss of their jobs.

Tt Is for this reason that the passage of this bill is earnestly sought.

1 dull fi

RA S. TAMBUNTING



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, _ 9324.

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
MANDATING EMPLOYERS TO GRANT TWO (2) WEEKS OF UNPAID 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 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 2019.”

SECTION 2. Declaration of Policy. — It is hereby the policy of the State to reinforce
the importance of the family as the primary social institution of society. The State shal!
‘support and uphold the health and well-being of the family.

SECTION 3. Coverage. — Any employee, regardless of status, may apply for and shall
be granted by the employer an unpaid family and medical leave of up to two (2) weeks
when his 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 two (2) weeks of unpaid leave.
The employee may also apply for the same if he himself is physically unable to perform
his job due to serious illness.

SECTION 4. The 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.

SECTION 5. The employees availing of the 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.


SECTION 6. The two (2) weeks 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.

SECTION 7. 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 four (4) weeks of unpaid leave benefits.

SECTION 8. 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.

SECTION 9. 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.

SECTION 10. Repealing Clause. - A\| 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.

SECTION 11. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
Publication in two (2) newspapers of general circulation.

Approved,