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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

6043

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The Philippine national economy soars and falls on the strength and productivity
of its most vital resource — its labor force. Hence, the State has enshrined in the
Constitution its duty to provide full protection to labor and to promote the rights of
all workers, including their right to paid days off to pursue well-balanced lives.

Existing laws currently entitle every qualified Filipino worker to enjoy distinct
types of paid days off or leaves. Some of the basic leaves are service incentive,
matemity, paternity, parental, and special ones for abused women or those
battling gynecological health issues. While these benefits exemplify legislative
efforts to nurture a work environment that upholds the welfare of employees, they
are also reflective of traditional Filipino values which reward hard work, recognize
the role of women in nation-building, and preserve the sanctity of the family.

A close examination of the aforementioned leaves, however, reveals a gaping
lack in a legally mandated time off for employees who recently lost a family
member. In fact, the discretion to grant employees the space to grieve and
recover from the loss lies solely on the employer who may or may not permit the
same. This scenario contradicts the State policy to provide employees with
humane working conditions that foster their productivity and maintain their
dignity.

In light of the foregoing and as a counterpart bill to Senator Poe's version in the
Senate, this bill seeks to decree the mandatory provision of a 10-day
bereavement leave with full pay to all employees in the public and private sectors
who have recently lost an immediate family member within the third level of
consanguinity or affinity. Among others, this bereavement leave is sought to


provide employees adequate time to make the necessary wake and/or burial
arrangements, as well as to reach out to family members and friends for
emotional support during this difficult time. Furthermore, this bill also ensures the
non-diminution of benefits and security of tenure to those who avail of this
benefit.

In consideration of the foregoing premises, the approval of this bill is humbly
sought.

LUIS ” F, VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BiLt No. 6043

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT

GRANTING BEREAVEMENT LEAVE OF TEN (10) DAYS WITH FULL PAY TO
ALL EMPLOYEES 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 “Bereavement Leave
Act of 2017.”

SECTION 2. Declaration of State Policy. — The State affirms that the Filipino
family is the foundation of the nation and recognizes that the death of an
immediate family member bears a significant emotional and psychological
burden upon a family member. A bereavement leave benefit system is hereby
institutionalized to support employees in the public and private sectors who have
recently lost relatives belonging to their immediate family.

SECTION 3. Definition of Terms. —
“Bereavement Leave" refers to a leave taken by an employee to grieve the death,

or attend or to make arrangements for the funeral, of an immediate family
member.


“Immediate Family Member” refers to an employee's spouse, parent or child,
brother or sister, and relatives within the third degree of consanguinity or affinity.

SECTION 4. Bereavement Leave for Immediate Family Members. —
Employees in the private and public sectors shall be entitled to a bereavement
leave of ten (10) days with full pay following the death of an employee's
immediate family member.

SECTION 5. Non-diminution of Benefits. — Nothing in this Act shall be
construed to reduce existing benefits granted under existing laws, decrees,
executive orders, or any contract, agreement, or policy between the employer
and employee.

SECTION 6. Security of Tenure. — Employees in the public and private sectors
who avail of bereavement leave provided under this Act shall be assured of
security of tenure. Availment of the leave shall not be used as reason for
misconduct, demotion, or termination in employment, or for any form of
unsatisfactory performance.

SECTION 7. Penalties. — 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-
thousand pesos (Php 20,000) or imprisonment of fifteen (15) days to one (1)
month.

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.

SECTION 8. Implementing Rules and Regulations. — The Department of Labor
and Employment and the Civil Service Commission, for the private sector and
public sector respectively, shalll issue the necessary rules and regulations of this
act within thirty (30) days of its effectivity.

SECTION 9. Separability Clause. — |f, for any reason, any part, section or
provision of this Act is held invalid or unconstitutional, the remaining provisions
not affected thereby shall continue to be in full force and effect.


SECTION 10. Repealing Clause. — All laws, decrees, orders, rules, regulations
and other issuances or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed or modified accordingly. Republic Act No. 1161, as
amended, is further amended accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,