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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. B. SEN3T&7 
No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XIII, Section 14 provides that “the State shall protect 
working women by providing safe and healthful conditions, taking into account their 
maternal functions, and such facilities and opportunities that will enhance their welfare 
and enable them to realize their full potential in the service of the nation.” 
Unlike in South Korea, Japan, Indonesia, and Taiwan, there is no law in the 
Philippines that allows female employees not to report for work due to premenstrual or 
menstrual tension. 
Many women experience symptoms of premenstrual tension. It begins from ten 
(10) to fourteen (14) days before menses. High levels of estrogen and its tendency to 
cause fluid retention in cells and tissues cause premenstrual tension. Brain-cell swelling, 
in turn, causes increased irritability, depression, emotional instability, and headaches. 
Effects in other parts of the body include abdominal cramps, constipation, fullness and 
tenderness in breasts, and aching and heaviness in legs. Some women also experience 
severe pain during menses. 
This bill affords every female employee in the private and public sectors a leave 
of one (1) day every month with fifty percent (50%) daily remuneration. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
S.B.No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
GRANTING MENSTRUATION LEAVE OF ONE (1) DAY A MONTH WITH FIFTY 
PERCENT DAILY REMUNERATION TO ALL FEMALE EMPLOYEES IN THE 
PRIVATE AND PUBLIC SECTORS. 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the ‘‘Menstruation Leave 
Act.” 
SECTION 2. Definition of Terms. - For purposes of this Act, the following terms 
shall have the following meanings: 
a. Employer - any person, natural or juridical, domestic or foreign, who carries on 
in the Philippines any trade, business, industry, undertaking or activity of any kind and 
uses the services of another person who is under his orders as regards the employment, or 
the national government, its political subdivisions, branches, agencies, instrumentalities, 
including government-owned or controlled corporations and financial institutions, the 
constitutional commissions, and the judiciary. 
b. Employee - any person who performs services for an employer in which either 
or both mental and physical efforts are used and who receives compensation for such 
services, where there is an employer-employee relationship. 
c. Menstruation - a discharging of blood, secretions, and tissue debris that recurs 
in women typically at four (4) week intervals and lasting three (3) to five (5) days. 
d. Premenstrual Tension - a state of physical or mental lack of well-being or 
physical or mental uneasiness relating to the period just preceding menstruation. 


e. Menstrual Tension - a state of physical or mental lack of well-being or physical 
or mental uneasiness relating to the period of menstruation. 
f. Menstruation. Leave - refers to the benefits granted to a female 'employee 
allowing her not to report for work for one (1) day every month due to premenstrual or 
menstrual tension but continues to earn at least fifty percent (50%) of the compensation 
therefor. 
SECTION 3. Notwithstanding any law, rules and regulations to the contrary, 
every female employee, except pregnant and menopausal women, in the private and 
public sectors, regardless of the nature of their employment, shall be entitled to a 
menstruation leave. 
SECTION 4. Employers already granting a menstruation leave or its equivalent 
are not covered by this Act. 
SECTION 5. The Secretary of Labor and Employment, the Chairman of the Civil 
Service Commission and the Secretary of Health shall, within thirty (30) days from the 
effectivity of this Act, issue such rules and regulations necessary for the proper 
implementation of the provisions hereof. 
SECTION 6. 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 (P30,000.00) or imprisonment 
of not less than thirty (30) days nor more then six (6) months. 
If the violation is committed by a coboration, 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 7. Non-Diminution Clause. - Nothing in this Act shall be construed to 
reduce any existing benefits of any form granted under existing laws, decrees, executive 
orders, or any contract, agreement or policy between employer and employee. 
SECTION 8. Separability Clause. - If any provision, or part hereof is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved.