CEIVE
23-ApR 2014

4

16" CONGRI

OF THE REPUBLIC OF THE PHILIPPIN!
FIRST REGULAR SESSION

House of Representatives
HOUSE BILL NO. 7

INTRODUCED BY HONORABLE GUS 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.

‘The State to recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution.

During prolonged illnesses or sickness most often than not, accumulated sick leave and
vacation leave are consumed to attend to said exigencies, Members of the families are also
obliged to attend to said incapability.

Under such exigency the employees are obliged to monetize accumulated leave credits to
augment their financial burden thereby reducing the amount employees are to receive upon
terminal or separation from employment, Hence, diminishing the retirement money that
will help them in their twilight years of non-employment.

‘The “Family and Medical Leave Act of 2014” will give the employees a ne\
attend further to the family and medical needs without necessarily compron
future income.

venue to
1g their

In view of the foregoin , immediate approval of this measure is earnestly recommended.



16" CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REP! NTATIVES
Introduced by HONORABLE GUS S. TAMBUNTING
AN ACT
MANDATING EMPLOYERS TO GRANT TWO (2) WEEKS OF UNPAID

R TO EMPLOYEES WHOSE SPOUSE, PARENT, UNMARRIED
ROM SERIOUS,

LEAVE A YE
CHILD, OR WHEN THEY THEMSELVES ARE SUFFERIN
ILLNESS

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

|. -This Act shall be known as the “Family and Medical Leave Act of 2014.”

Section 2. It is hereby the policy of the State to reinforce the importance of the family
as the primary social institution of society. ‘The State shall support and
uphold the health and well-being of the family.

Section 3. 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 6.

Section 7.

Section 9.

Section 10.

Section 11.

‘Approved.

‘The employce 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.

‘The two (2) week 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 servi

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 benefit under the law or CBA shall only be entitled to a maximum of
four (4) weeks of unpaid leave benefit

The Secretary of the Department of Labor and Employment shall
promulgate the necessary rules and regulations to effectively implement this
Act.

If any of the provisions of this Act is declared unconstitutional, the sanie
shall not affect the validity and effectivity of other provisions hereof.

All laws, Presidential Decrees, Executive Orders, Proclamations and/or
‘Administrative Regulations, which are inconsistent with the provisions of
this Act, are hereby amended, modified, superseded or repealed
accordingly.

This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of national circulation.