Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2883

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Overseas Filipino Workers (OFWs) contribute greatly to the nation
building. This year alone, OFWs remitted billions 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
aliving. 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 earnestiy requested.

say

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2883

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

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 FOR OTHER
PURPOSES

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 “Special
Leave for Overseas Workers’ Spouses Act of 2010".

SEC 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 an overseas worker's
spouse leave of fifteen (15) days a year with full pay.

Employees availing of this leave privilege shall submit to their
employer the following:
. Name of spouse;
a Copy of their Marriage Contract;
3. Information as to the nature and place of work of the overseas
worker concerned;
4. Copy of the overseas worker's passport.

SEC 3. Definition of Terms. — For purposes of this Act, the following
terms shall have the meaning as indicated hereunder:


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.

4. “Spouse” refers to the legitimate wife or husband; one who is
legally married to the overseas worker concerned.

SEC 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.

SEC 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.

SEC 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.

SEC 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 (P25,000.00) 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.

SEC 8. Non-diminution 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.

SEC 9. Repealing Clause. - All laws, ordinances, rules, regulations,
issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

SEC 10. 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,