Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
AN ACT PROVIDING FOR A FIVE (5)-DAY SPECIAL EMERGENCY LEAVE FOR ALL 
WORKERS IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED BY NATURAL 
CALAMITIES OR DISASTERS 
EXPLANATORY NOTE 
The Philippines has always been a hotbed for typhoons, earthquakes, and other natural and man-
made disasters geographic position in Southeast Asia. According to World Risk Report 2018, the 
Philippines ranked third among all countries with an index value of 25.14%. Its geographical 
location and physical environment make it highly susceptible to numerous natural hazards such 
as sea level rise, storm surges, landslides, flood/flashflood/flooding, and drought. The Philippines 
is located at the Pacific ring of fire which is a path along the Pacific Ocean characterized by active 
volcanoes and frequent earthquakes. It is also located right amid the Pacific typhoon belt. 
Consequently, more tropical cyclones enter the Philippine Area of Responsibility (PAR) than 
anywhere else in the world. The Philippines experiences an average of 20 tropical cyclones yearly, 
5-6 of which are highly destructive.
And while the State has been continually adopting measures towards ensuring the preparedness 
and resilience of communities to disasters, many Filipinos are situated in high-risk areas making 
them more vulnerable to damages brought about by typhoons and other natural hazards. 
Depending on the intensity of disasters, these households will have to evacuate their homes and 
deal with damages after a disaster—leaving them unable to attend to their duties and 
responsibilities as employees. 
This measure seeks to grant special emergency leave to employees affected by natural calamities 
or disasters.  This is proposed to assist workers especially considering the distress brought about 
by disasters and calamities. Under this measure, qualified employees shall be entitled to a five 
(5) day special emergency leave each year.
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
August 22, 2022
10:22 am
3874


REP. GUSTAVO S. TAMBUNTING 
2nd District, Parañaque City 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
AN ACT 
PROVIDING FOR A FIVE (5)-DAY SPECIAL EMERGENCY LEAVE FOR ALL WORKERS 
IN THE PUBLIC AND PRIVATE SECTORS DIRECTLY AFFECTED BY NATURAL 
CALAMITIES OR DISASTERS 
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 “Calamity Leave Law”. 
Sec. 2. Declaration of Policy. – It is the policy of the States as enshrined in Article II, Sec. 18 
of the Constitution to protect the right of workers and promote their welfare. In compliance 
therewith, it is of utmost importance that workers and their right to safe and healthful working 
conditions must always be upheld. 
Towards this end, and consistent with legal instruments that protect and promote the rights of 
the workers, the State shall institutionalize a mechanism to grant special emergency leave to an 
employee affected by natural calamities/disasters. Labor, as a primary social economic force, shall 
be given the protection that the exigencies of time and circumstances mandate. 
Sec. 3. Applicability. – All rights and benefits granted to employees under this Act apply to all 
officials, workers and employees, whether in the public or private sector. This Act shall not apply 
to government workers or employees who render services during or on the occasion of natural 
calamities or disasters. 
Sec. 4. Calamity Leave. – 
a) Every employee who has rendered at least six (6) months of service shall be entitled to
five (5)-days of special emergency leave each year, with pay, in times of natural calamities
or disasters, based on any of the grounds specified in Section 6 of this Act.
b) This provision shall not apply to those already enjoying the benefit herein provided
regardless of nomenclature those enjoying similar emergency leave of at least five days
in times of natural calamities or disasters or personal emergencies and those employed in
3874


establishments regularly employing less than ten (10) employees or in establishments 
exempted from granting this benefit by the Secretary of Labor and Employment after 
considering the viability of such establishment. 
 
c) The grant of benefit over that provided herein shall not be made a subject of arbitration 
or any court or administrative action. 
Sec. 5. Grant of Calamity Leave. – The five (5)-day Special emergency leave with pay shall 
be available upon the declaration of a state of calamity by the President of the Philippines or by 
the Local Sanggunian under Section 16 of R.A No. 10121. However, in case a specific area was 
not declared under a state of calamity but was nonetheless severely affected by the natural 
calamity/disaster the head of the office or employer in the exercise of his/her sound discretion, 
may grant the special emergency leave to an affected employee based on proof or evidence 
presented or news account. 
 
The special emergency leave can be applied for five straight working days or on a staggered basis 
and will not be deducted from the employee’s leave credits. This leave may be availed of by 
employees within ten (10) days from the date when the natural calamity or disaster occurred. 
 
Sec. 6. Purpose of the Calamity Leave. – Any qualified employee may avail of this special 
emergency leave on any of the following grounds: 
 
a) Being stranded in affected areas where no means of transportation can ensure safe travel 
to and from work; 
 
b) Disease or illness of employee incurred because of the natural calamity or disaster; 
 
c) Caring for immediate family members affected by natural calamity or disaster; and 
 
d) Urgent repair and clean-up of the damaged house. 
 
Sec. 7. Verification and Validation. – The granting of the special emergency leave under this 
Act shall be the duty of the head of the office upon verification of the employee’s eligibility thereto.  
In determining the eligibility of an employee for the leave granted herein the head of office or 
employer shall take into consideration the following: 
 
1) 
Place of residence based on the latest available records of the affected employee; 
 
2) 
Declaration of calamity by the proper government agency; 
 
3) 
Medical Certificate stating that the illness/ disease was suffered by the employee or his/her 
immediate family member as a consequence of the natural calamity or disaster; 
 
4) 
Availability of and access to public transportation on the day of the natural 
calamity/disaster;  
 
5) 
Road closure due to the natural calamity or disaster along the route taken and could be 
taken by the employee to and from work; and  


 
6) 
Other matters that may aid the head of the office in his decision on the eligibility of the 
employee to avail of the said grant. 
Sec. 8. Suspension or Cancellation of Work. – If the head of office or employer suspended 
or canceled work on the occasion of such natural calamity or disaster the employee may not be 
required to apply for the special emergency leave during such suspension or cancellation. 
 
Sec. 9. Non-cumulative and on-commutative. – Unused leaves under this Act shall not be 
cumulative and may not be converted into its cash equivalent. 
 
Sec. 10. Non-diminution of Benefit. – Benefits granted under this Act shall not in any manner 
mean any reduction, diminution, discontinuation, or elimination of other existing benefits already 
enjoyed by workers. Rights already vested before the effectivity of this Act shall remain to be in 
full force and effect upon the passage of this Act. 
 
Sec. 11. Construction in favor of labor. – All doubts in the interpretation and implementation 
of the provision of this Act shall be resolved in favor of labor.  
 
Sec. 12. Rules and Regulation. – The Department of Labor and Employment and other 
government agencies charged with the administration and enforcement of this Act shall 
promulgate the necessary implementing rule and regulations. 
 
Sec. 13. Separability Clause. – If for any reason, any section or provision of this Act is declared 
unconstitutional or invalid, the other sections or provisions which are not affected shall continue 
to be in full force and effect.  
 
Sec. 14. Repealing Clause. – All law decrees, executive orders, proclamations, rules, and 
regulations or parts thereof inconsistent herewith are repealed, amended, or modified 
accordingly. 
 
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation. 
 
Approved,