SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

SENATE 18 MUG -6 AQT

s.no._ 1910 +
— REZ =

Introduced by SENATOR LEILA M. DE LIMA.

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/DISASTER

EXPLANATORY NOTE

The rights to life, health, safety and property are fundamental rights of every
Filipino guaranteed by no less than the Constitution. The State, as the protector of the
people, is thus mandated to ensure that these rights are held forever sacred.

Recognizing the environmental consequences of the geographical location of

the Philippines as the Pearl of the Orient Seas, the State through this Act seeks to

dampen the natural adversities that plague the people. Ours is a tropical country and
our industries thrive in water. But the force of the earth that catapults us to our growth

as a nation, is the same force that endanger our people. Located along the Pacific Belt,

an average of twenty typhoons ~ five of which destructive,’ wreak havoc among our
lands, endanger the lives of the people and destroy everything along their path.
Situated in the “Pacific Ring of Fire”, our country is also catastrophically shaken each

year by earthquakes and volcanic eruptions.

The fight to survive is the daily concern of every Filipino, but is of all the
importance when Mother Nature herself makes her presence known. For this reason,
this Act strikes a balance between the duties of every Filipino as an employee and as a

* Information on Disaster Risk Reduction of the Member Countries available at

http://www.adrc.asia/nationinformation.php?NationCode=608



a member of the work force, on the one hand, and his primal instinct to survive on
the other.

The profound environmental effect of natural disasters and/or calamities to
the nation is inevitable, and it for that reason this proposed measure seeks to at the
very least soften the blow of the unforeseen and the inescapable.

Affording protection to both the employer and the employee, the availment of
Calamity Leave under this bill shall be limited to the grounds and circumstances, and
only upon compliance with the requirements, set forth and in conformity with the
issued guidelines.

In view of the foregoing, approval of this measure is earnestly sought.

& -
LAM. DE LIMA



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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

cetarp,

"18 AUG -6 AQ 7
SENATE

s.no._ 1910 . +

Introduced by SENATOR LEILA M. DE LIMA.

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/DISASTER

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

SECTION 1. Title. - This Act shall be known as the "Calamity Leave Law”.

Sec. 2. Declaration of Policy. ~ It is the policy of the State as enshrined in
Article II, Sec. 18 of the Constitution to protect the rights 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 local and legal instruments that protect
and promote the rights of the workers, the State shall institutionalize a mechanism to
grant special emergency leave to employees affected by natural calamities/disaster.
Labor, as a primary social economic force, shall be given the protection that the

exigencies of time and circumstances mandate.

See. 3. Construction in favor of labor. — All doubts in the interpretation
and implementation of the provisions of this Act shall be resolved in favor of labor.

Sec. 4. Rules and Regulations. — The Department of Labor and
Employment (DOLE) and other government agencies charged with the administration
and enforcement of this Act shall promulgate the necessary implementing rules and

regulations.



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See. 5. 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/employees who render

services during or on occasion of natural calamities/disasters.

Sec. 6. Calamity Leave. —

(a) _ Every employee who has rendered at least six (6) months of service shall
be entitled to a yearly five (5) day special emergency leave, with pay, in times of natural
calamities/disasters.

(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/disasters or personal emergencies
and those employed in 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.

(©) The grant of benefit in excess of that provided herein shall not be made

a subject of arbitration or any court or administrative action.

See. 7. Grant of Calamity Leave. — All employees in public and private
sectors directly affected by natural calamity/disaster shall be entitled to five (5) days
special emergency leave with pay. The benefit shall be available upon the declaration
of a state of calamity by the President of the Philippines or by the Local Sanggunian
pursuant to Section 16 of R.A. No. 10121. However, in case a specific area was not
declared under 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 affected employee based on proof.
or evidence presented or news account.

‘The special emergency leave can be applied for five (5) straight working days or
on 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/disaster occurred.

Sec. 8. 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 there are no means of transportation

that can ensure a safe travel to and from work;

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(b) Disease/illness of employee incurred by reason of the natural
calamity/disaster;

(c) Caring of immediate family members affected by natural calamity/disaster;
and

(d) Urgent repair and clean-up of damaged house.

See. 9. Verification and Validation. — The granting of the special
emergency leave under this Act shall be the duty of the head of office upon verification
of the employee's eligibility thereto.

In determining the eligibility of an employee to the leave granted herein, the
head of office or employer shall take into consideration the following:

(2) Place of residence based on 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/disaster;

(4) Availability of and access to public transportation on the day of the natural
calamity/disaster;

(5) Road closures due to the natural calamity/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 office in his decision on the eligibility
of the employee to avail of the said grant.

Sec. 10. Suspension or Cancellation of Work. ~ If the head of office or
employer suspended or cancelled work on occasion of such natural calamity/disaster,
the employee may not be required to apply the special emergency leave during such

suspension or cancellation.

Sec. 11. Non-cumulative and Non-commutative. — Unused leaves under
this Act shall not be cumulative and may not be converted into its cash equivalent.

Sec. 12. Non-diminution of Benefits. — Benefits granted under this Act shall
not in any manner mean any reduction, diminution, discontinuation or elimination of
other existing benefits already enjoyed by the workers. 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.



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 laws, 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,