Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 5273

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REQUIRING EMPLOYERS TO PROVIDE EMPLOYMENT LEAVE FOR
VICTIMS OF DOMESTIC VIOLENCE; PROHIBITING CERTAIN ACTS; AND
PRESCRIBING PENALTIES

EXPLANATORY NOTE

The passage of Republic Act No. 9262 or the Anti-Violence Against
Women and their Children Act of 2004 was a landmark piece of legislation as it
successfully addressed the growing concern of violence perpetrated against
women and their children. This proposed legislation would like to further
strengthen said law by providing job protected leave for workers who suffer from
domestic violence as espoused in R.A. 9262. In particular, the bill seeks to
provide protected leave for workers to be able to seek medical attention, obtain
legal assistance, attend support groups, and participate in other activities
necessitated by these crimes.

Domestic violence victims end up being traumatized by such experience

and under no circumstances should their pain be aggravated by the threat of
losing their jobs. This proposed bill therefore seeks to ensure that survivors of
abuse have time to receive the care and attention they need to be able to
recuperate from such an ordeal.

Most, if not all of these victims find themselves in a no-win situation and
tolerate staying in abusive relationships because they are financially dependent
on their abusers. By providing greater employment protections, this legislation


will assist survivors of domestic violence to break free from the cycle of abuse in
their lives.

In view of the foregoing, approval of this bill is earnestly requested

DIOSDADO MACAPAGAL ARROYC GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5273

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REQUIRING EMPLOYERS TO PROVIDE EMPLOYMENT LEAVE FOR
VICTIMS OF DOMESTIC VIOLENCE; PROHIBITING CERTAIN ACTS; AND
PRESCRIBING PENALTIES

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 “Victims of
Domestic Violence Employment Leave Act of 2011.”

SECTION 2. Definitions. - The following words and phrases when used in
this Act shall have the meanings given to them in this section unless the context
clearly indicates otherwise:

a) "DOMESTIC VIOLENCE" - Any act or acts of abuse as defined in
Section 3 of Republic Act $262 "Anti-Violence Against Women and their
Children Act of 2004"

b) “ELIGIBLE EMPLOYEE" — An individual who:

(1) is a victim of domestic violence or is the parent of a minor child
who is a victim of domestic violence;

(2) has been employed for at least 12 months by the employer to
whom a request for leave under this act is directed;


(3) has performed at least 1,250 hours of service during the
previous 12 months of employment for the employer.

c) "EMPLOYER" — Is any of the following:

(1) The National Government or an agency or instrumentality of the
National Government;

(2) A Local Government or an agency or instrumentality of the local
Government;

(3) A person or entity that currently. employs at least 15 persons
each work day for 20 or more weeks in a calendar year; or

(4) A person or entity that employed at least 15 persons each work
day for 20 or more weeks in the immediately preceding calendar
year

d) "PERPETRATOR" — A person who has committed domestic violence
against another person or persons.

e) "VICTIM OF DOMESTIC VIOLENCE." ~ A person who is subjected to
domestic violence by a perpetrator.

SECTION 3. Domestic violence employee leave. — An eligible employee
may request and an employer shall permit an eligible, employee to take leave
with pay from work for any of the following reasons:

(i) for the eligible employee to secure medical treatment to recover from
injuries suffered as a result of domestic violence;

(ii) for the eligible employee to attend to legal proceedings relating to
domestic violence involving the eligible employee or the eligible
employee's minor child;

(iii) for the eligible employee to relocate to a new temporary or permanent
residence for reasons related to domestic violence:

(iv) for the eligible employee to obtain counseling or advocacy services; or
(v) for the eligible employee to assist the employee's minor child who is a

victim of domestic violence in any of the actions in subparagraphs (i), (i),
(iil) or (iv).


An eligible employee shall be entitled to a total of 10 days of leave during
any 12-month period. An eligible employee shall make a reasonable effort to
schedule matters so as not to unduly disrupt the operations of the employer.

SECTION 4. Notice. - Except as provided in this section, an eligible
employee shall provide the employer with at least five dais advance notice of the
eligible employee's intention to take leave under Section 3.

An eligible employee shall provide notice to the employer as soon as
practicable if the five day advance notice is not possible due to any of the
following:

(i) the safety of the eligible employee or the eligible employee's minor
child;

(ii) the scheduling of any legal proceeding; or
(ii) the availability of counseling or advocacy services.

SECTION 5. Certification. - An employer may require an eligible
employee to provide certification to the employer that:

(i) The eligible employee or the eligible employee's minor child is a victim
of domestic violence; and

(ii) The leave is requested for one of the purposes enumerated in Section
3.

The eligible employee shall provide the certification to the employer within
a reasonable period after the employer requests certification. An eligible
employee may satisfy the certification requirement by providing to the employer
‘one of the following:

(i) A police report indicating that the eligible employee or the eligible
employee's minor child was a victim of domestic violence;

(ii) A court order protecting or separating the eligible employee or the
eligible employee's minor child from the perpetrator;

(iii) A signed statement from a medical professional, therapist, clergy
member, counselor, domestic violence counselor. or domestic violence
advocate affirming that the eligible employee or the eligible employee's
minor child is undergoing counseling for physical or mental injuries
resulting from domestic violence;


(iv) A signed statement from a victim and witness advocate or other court
personnel affirming that the eligible employee or the eligible employee's
minor child is involved in legal proceedings relating to domestic violence;
or

(v) A signed statement from a police officer, victim and witness advocate
or other court personnel, medical professional, therapist, clergy member,
counselor, domestic violence counselor or domestic violence advocate
affirming that the eligible employee or the eligible employees.

SECTION 6. Confidentiality. - All information provided to the employer
under section 5, including the fact that the eligible employee has requested or
obtained leave under this section, shall be retained in the strictest confidence by
the employer, except to the extent that disclosure is

(1) Requested or consented to in writing by the eligible employee; or
(2) Required by courts of law in relation to a pending case

SECTION 7. Prohibited Acts. - An employer shall not interfere with,
restrain or deny the exercise of or the attempted exercise of any right provided by
this Act. An employer shall also not discriminate against an eligible employee for
exercising the eligible employee's rights under this Act.

SECTION 8. Penalties. - An employer who violates section 7 of this Act
shall suffer the penalty of imprisonment of 15 days and a fine of Thirty Thousand
Pesos (P30,000.00) upon conviction.

SECTION 9. Separability Clause. — If any provision or part thereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 10. 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 11. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,