EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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SENATE
S. No. 2148
fU.lE
N£>tX
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
MANDATING PAID PANDEMIC LEAVES FOR QUALIFIED 
EMPLOYEES DURING THE CORONAVIRUS DISEASE (COVID-iq)
PANDEMIC
EXPLANATORY NOTE
Having one of the world’s longest and strictest lockdowns, the Philippines 
continues to face a new “record high” of confirmed cases of Covid-19 almost daily. 
According to reports, we are now entering our “worst phase yet”1.
It is no secret that this pandemic has crippled the labor industry. It was reported 
that around 4.5 million Filipinos lost their jobs in 2020 while there were 4 million who 
were still unemployed by January 2021. The unemployment rate was at 10.4% which 
was the highest recorded percentage in 15 years2. This was due to the implementation 
of lockdown which caused businesses and establishments to stop operating. Worse, 
others stopped operating permanently.
While the National Capital Region (NCR) was able to restore 269,000 jobs in 
2021, other Regions were not as fortunate. The unemployment rate increased from 
8.2% in October 2020 to 8.8% in January 2021. The CALABARZON and Bicol were 
seen to have double-digit unemployment rates of 13.1% and n.3%3, respectively. 
Despite these numbers, the government sees these as ‘signs of recovery’ but with the
1N.A. Rappler. COVID-19 deaths in the Philippines hit 16,000-mark. 19 April 2021. Retrieved from 
https://www.rappler.com/nation/coronavirus-cases-philippines-april-19-2021
2 The Straits Times. Philippines suffers worst job fosses in 15years due to CO ViD-19 and lockdown.
4 December 2020. Retrieved from https://www.straitstimes.com/asia/se-asia/philippines-suffers-worst- 
'ob-losses-in-l 5-years-due-to-covid-19-and-lockdown
3 Rivas, Ralf. Rappler. 4 million Filipinos unemployed in January2021, but gov't sees 'signs of 
.recovery'. 9 March 2021. Retrieved from https://www.rappler.com/business/unemployment-rate- 
philippines-january-2021


re-implementation of the enhanced community quarantine in the country, it appears 
otherwise.
To add, the Department of Labor and Employment (DOLE) extended for six 
months to one year the allowable period which permits employers to categorize their 
employees on “floating status” during the pandemic-t. A study also revealed that over 
70% of Philippine micro, small and medium enterprises (MSMEs) were forced to 
temporarily dose because of the pandemic. A number of Filipinos were reported to 
have dropped out of the labor force in October 2020.5
With the colossal and detrimental effects of the pandemic, employees are forced 
to stay in a job that is low paying despite health heizards due to the virus and 
consequences of contractualization. Those who are gainfully employed, while 
fortunate, struggle to do their jobs by personally reporting to their worlq)lace despite 
risk of acquiring the virus on the way to and from work and even in the workplace 
itself. Filipinos valiantly choose to work, to provide for their families and to save the 
economy, despite the danger this pandemic poses.
Thus, it is only right that these employees be provided with the incentive of 
having paid leaves when they are confirmed to be COVID-19 positive and they need to 
undergo quarantine or isolation. This ensures occupational safety and health in 
workplaces, further spread of the virus in the workplace and at the same time protects 
the welfare of our employees and their families.
Our labor sector and their families have tremendously suffered from income 
losses, given that most, if not all of them, are not qualified to cash transfer programs 
and other social safety nets since they are technically employed. It is the very duty of 
the State to ensure their safety and promote their welfare by alleviating their piling 
problems through allowing them to have paid pandemic leaves particularly when they 
themselves have been infected by the virus.
This bill seeks to grant ten (10) working days of paid COVID-19 leave for 
employees who contracted the virus and need to undergo quarantine and who because
4 CNN Philippines. DOLE allows workers on floating status’fora year. 28 October 2020. Retrieved 
from https://www.cnn.ph/news/2020/10/28/DOLE-extend-workers-on-floating-status-amid- 
pandemic.html
6 Punongbayan, J.C. Rappler.. [AN/U.YSIS] Pandemic pushes Filipinos out of tabor force, especially 
women. 07 December 2020. Retrieved from https://www.rappler.com/voices/thought-leaders/analysis- 
pandemio-pushes-filipinos-out-labor-force-women


of the nature of their occupation, work or activity cannot avail of a telecommuting 
program or work from home scheme.
Immediate approval of this proposed measure is most earnestly sought.
i1EILAM.de LIMA


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s. No. 2148
DATC
TIME
iK&fcX
Introduced by SENATOR LEILA M. DE LIMA
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ANACT
MANDATING PAID PANDEMIC LEAVES FOR QUALIFIED
EMPLOYEES DURING THE CORONAVIRUS DISEASE (COVID-io)
PANDEMIC
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 "Paid COVID-ig 
Leave Act of 2021
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to 
protect and promote the right to health of the people, including workers who constitute 
the life and blood of the economy. The State recognizes that maintaining a healthy 
workforce and protecting workers during the Coronavirus disease (COVID-19) 
pandemic is an integral aspect of nation building.
Sec. 3. Definition of Terms. - As used in this Act, the term:
a) Confirmed case refers to any individual, irrespective of the presence or 
absence of clinical/signs and symptoms, who was laboratory-confirmed 
for Covid-19 in a test conducted at a national reference laboratoiy, a 
subnational reference laboratoiy, or a laboratory testing facility duly 
certified by the Department of Health (DOH);
b) Full pay refers to an employee’s daily basic pay including fixed monetary 
allowances without conditions;
c) Qualified employee refers to any employee who are required to report to 
office, physically or virtually, for work on a regular basis;


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Sec. 4* Applicability. — The leave benefits to qualified employees under this Act 
shall apply to all officials, workers and employees, whether in public or private sector, 
who are confirmed cases of COVID-19. Qualified employees may avail this leave only 
during the duration of the COVID-19 pandemic.
Sec. 5. Grant of Paid COVID-19 Leave Benefits. - Employers are mandated to 
grant paid pandemic leaves to qualified employees, regardless of employment status, 
during the COVID-19 pandemic.
The paid pandemic leave shall be ten (10) working days of paid leave per year 
based on the employee's daily full pay.
Enjoyment of paid pandemic leave cannot be deferred and should be availed of 
immediately after the COVID-19 case of a qualified employee is confirmed, in a 
continuous and uninterrupted manner.
Sec. 6. Eligibility for Paid COVID-19 Leave. — An employee who applies for the 
paid pandemic leave must submit the necessary medical records and other proof of 
eligibility to the employer for immediate action. Processing of applications for paid 
pandemic leaves shall not exceed three (3) days.
The application shall be deemed approved if not acted upon by the employer 
within five (5) calendar days upon receipt thereof.
Sec. 7. Non-cumulative and Non-commutative. - Unused leaves under this Act 
shall not be cumulative and may not be converted into its cash equivalent.
Sec. 8. Not a ground for Disciplinary Action. - Availment of the leave shall not 
be used as reason for misconduct, demotion, or termination in employment, or for any 
form of unsatisfactory performance.
Sec. 9. Non-discrimination. - No employee shall be discriminated in the 
availment of the paid pandemic leave benefit on the basis of sex, gender, political 
beliefs and employment status.
Sec. 10. Non-diminution of benefits. - Nothing in this Act shall be construed as 
to diminish or prejudice existing sick leaves and other benefits currently enjoyed by 
an employee, whether or not these are granted under a collective bargaining 
agreement or present laws. 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.


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Sec. 11. Funding. - The Social Security System (SSS) and the Government
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Service Insurance System (GSIS), as applicable, shall reimburse the employer for the
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payment of its employees' paid COVID-19 leaves.
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Sec. 12. Penalty. - An employer's willful refusal to grant the paid pandemic
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leave shall be punished by a fine of not less than Twenty thousand pesos (f 20,000.00)
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but not more than Two hundred thousand pesos (P200,000.00). If the act or omission
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penalized by this Act was committed by an association, partnership, corporation or
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any other institution, its managing head, directors or partners shall be held liable to
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the penalties provided by this Act.
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Sec. 13. Periodic Review. - The Civil Service Commission (CSC) and the
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Department of Labor and Employment (DOLE), in consultation with trade unions,
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labor organizations, and employers’ representatives, within one (1) month after the
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effectivity of this Act and as frequently as may be necessary, shall conduct a review of
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the paid COVID-19 leave in the government service and the private sector.
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Sec. 14. Implementing Rules and Regulations. - Within thirty (30) days from
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the effectivity of this Act, the DOLE, CSC and other government agencies charged with
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administration and enforcement of this Act shall issue the necessary rules and
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regulations for the effective implementation of this Act
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Sec. 15. Appropriations. - For the following year, the amount necessary to carry
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out the provisions of this Act shall be appropriated in the General Appropriations Act.
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Sec. 16. Separability Clause. - If any part, section or provision of this Act is
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declared invalid or unconstitutional, the other provisions not affected by such
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declaration shall remain in full force and effect.
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Sec. 17. Repealing Clause. — All laws, decrees, executive orders, rules and
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regulations inconsistent with the provision of this Act are hereby repealed, amended
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or modified accordingly.
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Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,