SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC 01' THE PHILIPPINES 
) 
First Reguillr Session 
) 
'13 
JUL 18 Pl :45 
SENATE 
909 
S.NO. __ 
_ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
A government employee is entitled for vacation and sick leaves he/she earned. In cases where a 
government employee experiences a serious illness or injury, he/she, however, is sometimes 
forced to exhaust all his/her leave credits and continue to be on leave without compensation. This 
is an unfortunate event for an employee. 
This bill, thus, is intended to alleviate the hardship caused to an employee and to his/her family 
experiencing the aforesaid situation. It seeks to create a "Sick Leave Bank" for government 
employees. As used in this bill, Sick Leave Bank refers to a pool of sick days which will be 
established by employees who will make a one-time donation of their accumulated local sick 
days. Depending on the participant's donation, he/she may use sick leaves in the sick leave bank 
of his/her agency if he/she has exhausted his/her accrued vacation time, personal days, sick leave 
and compensatory lime due to serious illness or injwy. 
In view ofthe foregoing, immediate approval of this b·1I is eaJes~y\::-
" oU. TRILLANES IV 
Senator 
1 


:- . 
5i5> I? rmh' 
SIXTEENTH CONGRESS OF THE 
. ) 
lfgHHt (If tlt_, ~"n'~'t!lt~ 
REPIJBUC 011 nm PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 18 Pl :45 
SENATE 
S. NO. 
90~~ 
Introduced by Senator Antonio "Sonny" I<'. Trillanes IV 
AN ACT 
CREATING A SICK LEAVE BANK FOR GOVEUNMENT EMPLOYEES 
Be it enacted by the Senate and House of Representatives of the PIlllippmes in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Sick Leave Bank Act. " 
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SEC. 2. Definition of' Terms. - As used in this Act, unless the context otherwise requires, 
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the foliowing terms shaH mean: 
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a) "Commission" means the Civil Service Commission; 
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b) "Agency" means any branch, department, board, committee or commission of the government; . 
7 
c) "Sick leave bank" means a depository into which participating employees may donate accrued 
8 
sick leave time for aiiocation to other participating employees; 
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d) "Participating employee" means a permanent full or paIt-time employee who has been 
j 0 
employed by a government agency for a period of six (6) months or more who voluntarily enroHs 
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in the sick leave bank by depositing at least three (3) full days of accrued sick leave in that bank; 
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e) "Catastrophic iiiness or injury" shaH mean those iiinesses and il~uries which will be ciassified 
13 
as such by the Commission. 
1 


SEC. 3. Sick Leave Balik. - The Commission shall establish a plan allowing participating 
2 
employees in each Agency to bank a designated amount or portion of their accrued sick leave in 
3 
a sick leave bank to be used by any participating employee in the Agency who has exhausted his 
4 
or her accrued vacation time, personal days, sick leave and compensatory time. 
S 
The Commission shall promulgate rules governing the operation of the plan ~'Ubject, 
(, 
however. to the following restrictions and limitations: 
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(a) Participation in the sick leave bank shall, at all times, be voluntary on the part of any 
8 
employee. 
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(b) A participating employee may deposit into the sick leave bank as much accrued sick leave as 
10 
desired provided that the participating employee shall retain in his or her own accotmt at least 
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five (5) sick days. 
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(c) A government employee cannot avail the benefits of a sick leave bank unless he becomes a 
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member of that bank by depositing at three (3) full days of accrued sick leave in that bank. 
14 
(d) Any sick leave in the sick leave bank used by a participating employee shall be only for that 
15 
employee's personal catastrophic illness or injury. 
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(e) A participating employee shall not use sick leave accumulated in the sick leave bank until all 
1 7 
of his or her accrued vacation time, personal days, sick leave and compensatory time have been 
18 
used. 
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(f) Participating employees who transfer from one Agency to another may transfer tlleir 
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participation in the sick leave bank. 
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(g) An employee who cancels his or her participation in the sick leave bank shall not be eligible 
22 
to withdraw the sick leave time he or she has contributed to the pool. 
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(h) Provisions for appeal of adverse decisions affecting a participating employee's use of the sick 
2 
leave bank shall be made by rule adopted by the Commission. 
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(i) Accumulation of sick leave in the sick leave bank shall be on an Agency by Agency basis but 
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procedures adopted by rule for the operation of the sick leave battle shall be uniform among all 
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Agencies. 
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(j) Upon termination, retirement, or death, neither a participating employee nor the participating 
7 
employee's estate shall be entitled to payment for unused sick leave acquired from the sick leave 
8 
bank. 
9 
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SEC. 4. Pellal Provisioll. - Any abuse of the use of the sick leave bartle shall be 
11 
investigated by the Agency and the Commission and upon a finding of wrongdoing on the part of 
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a participating employee, that employee shall repay all sick leave days drawn from the sick leave 
13 
banle and shall be subject to other disciplinary action. 
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SEC. 5. Repealillg Clause. - All laws, presidential decrees, executive orders and other 
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issuances, and rules and regulations, or part thereof, contrary to or inconsistent with any 
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provision o[this Act, are hereby repealed, modified or amended accordingly. 
18 
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SEC. 6. Separability Clause. -
Should any provision of this Act be found 
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unconstitutional by a court oflaw, such provision shall be severed from the other provisions, and 
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the same shall not affect the enforceability and effectivity of the remaining provisions of this 
22 
Act. 
23 
3 


1 
SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (J 5) days after its complete 
2 
publication in any two (2) national newspapers of general circulation. 
Approved, 
4