Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 8243

Introduced by Representative “KUYA’ JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

The 1987 Constitution states that the Congress shall give higher priority to the enactment
of measures that protect and enhance the right of all people to human dignity, reduce social,
economic and political inequalities.

The State grants the employees workforce the privileges to have different types of basic
leaves under the Labor Code and special laws. However, there is no law or regulation allowing the
employee to have a bereavement leave in case there is death in their family members or relatives
within the third degree of consanguinity or affinity.

This bill seeks to mandate a 12-day bereavement leave with corresponding pay to private
or government employees. The purpose of this bill is to provide the employee sufficient time to
make necessary burial arrangement and to give them time to heal within the comfort of their
respective families,

In views of the foregoing, the passage of this bill is earnestly sought.

“KUYA” JOSEANTONIO R. SY-ALVARADO
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 8243
Introduced by Representative “KUYA’ JOSE ANTONIO R. SY-ALVARADO-

AN ACT GRANTING BEREAVEMENT LEAVE OF TWELVE (12) 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 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 twelve (12) 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 Thirty Thousand pesos (Php 30,000) 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, shall issue the necessary rules and regulations of this act within thirty (30) days of its
effectivity.

SECTION 9. Separability Clause. - If, 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 Cl
issuances or parts thereof which ar
or modified accordingly. Re

- Alll laws, decrees, orders, rules, regulations and other
sistent with the provisions of this Act are hereby repealed
‘Act No. 1161, as amended, is further amended accordingly

SECTION 11.
in the Official

fectivity. - This Act shall take effect fifteen (15) days after its publication
‘or in a newspaper of general circulation.

Approved,