,. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
NOV 11 
;19 :47 
SEN~T;;: 
S. No. 
1 ::J 14 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
It has been observed that the number of single-parent households and two-parent 
households in which the single parent or both parents work has increased significantly. Thus, 
there is less opportunity for either or both parents to participate in early childrearing and the care 
of family members who have serious health conditions, despite its importance in the 
development of children and the family unit. However, the lac)<: of employment policies to 
accommodate working parents forces individuals to choose between job security and parenting. 
It has also been observed that due to the nature of the roles of men and women in our 
society, the primary responsibility for family caretaking often falls on women, and such 
responsibility affects the working lives of women more than it affects the working lives of men. 
Employment standards that apply to one gender only have serious potential for encouraging 
employers to discriminate against employees and applicants for employment who are of that 
gender. 
This bill seeks to balance the demands .of the workplace with the needs of families, to 
promote the stability and economic security of families, and to promote national interests in 
preserving family integrity. It also seeks to minimize the potential for employment 
discrimination on the basis of sex by ehsuring generally that leave is available for eligible 
medical reasons, including maternity-related disability, and for compelling family reasons, on a 
gender-neutral basis.' 
.. 
, This bill was originally filed during the Thirteenth Congress, Third Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
NOV 11 
A 9 :47 
SENATE 
S. No. 1914 
.
. ~ 
IU:fCn'r:o ;;Y tl 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
GRANTING FAMILY AND TEMPORARY MEDICAL LEAVE UNDER CERTAIN 
3 
CIRCUMSTANCES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION I. Short Title. - This Act shall be known as the "Family and Medical Leave 
S 
Act." 
6 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
7 
welfare of the people. Pursuant to this policy, this Act seeks to create a law granting family and 
8 
temporary medical leaves to certain employees under certain circumstances. 
9 
SECTION 3. Definition of Terms . - For purposes of this Act, the term: 
10 
(A) 
"Commerce" or "industry or activity affecting commerce" means any activity, 
11 
business, or industry in commerce 01: in which a labor dispute woulq hinder or obstruct 
12 
commerce or the free flow of commerce, and include "commerce" and any "industry affecting 
13 
commerce". 
14 
IS 
16 
17 
18 
19 
(B) 
(C) 
"Commission" means the National Labor Relations Commission. 
"Eligible employee" means an employee who has been employed 
(I) 
For at least twelve (12) months by the employer with respect t6 whom 
.. 
leave is requested under Section 4 of this Act; or 
(2) 
For at least 1,250 hours of service with such employer during the previous 
12-month period. 
• 


The term "eligible employee" does not include any government employee 
2 
covered by the Civil Service Code; or any employee of an employer who is 
3 
employed at a worksite at which such. employer employs less than fifty (50) 
4 
employees if the total number of employees employed by that employer within 
5 
twenty (20) kilometers of that worksite is less than fifty (50). 
6 
(D) 
"Employee" means any individual' employed by an employer. 
7 
(E) 
"Employer" means any person acting directly or indirectly in the interest of an 
8 
employer in relation to an employee and shall include the government and all its branches, 
9 
subdivisions and instrumentalities, ali government-owned or controlled corporations and 
10 
institutions, as well as non-profit private institutions, or organizations. 
11 
(F) 
"Employment benefits" means all benefits provided or made available to 
12 
employees by an employer, including group life insurance, health insurance, disability insurance, 
13 
sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits 
14 
are provided by a practice or written policy of an employer or through an employee benefit plan. 
15 
(G) 
"Health care provider" means a doctor of medicine or osteopathy who is 
16 
authorized to practice medicine or surgery by the State in which the doctor practices; or any 
17 
other person determined by the State to be capable of providing health care services. 
18 
(H) 
"Parent" means the biological parent of an employee or an individual who stood 
19 
in loco parentis to an employee when the employee was a son or daughter. 
20 
(1) 
"Reduced leave schedule" means a leave schedule that reduces the usual number 
21 
of hours per workweek, or hours per workday, of an employee. 
22 
(J) 
"Secretary" means the Secretary of Labor. 
.' 
23 
(K) 
"Serious health condition" means an illness, injury, impairment, or physical or 
24 
mental condition that involves inpatient care in a hospital, hospice, or residential medical care 
25 
facility; or continuing treatment by a health care provider: 
26 
(L) 
"Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal 
27 
ward, or a child of a person standing in loco parentis, who is under eighteen (18) years of age; or 
28 
eighteen (18) years of age or older and incapable of self-care because of'a mental or physical 
29 
disability. 
2 


(M) 
"Spouse" means a husband or wife, as the case may be. 
2 
SECTION 4. Entitlement to Leave. - SubJect to the Certification requirement under 
3 
Section 9 of this Act, eligible employee shall be entitled to a total of twelve (12) workweeks of 
4 
leave during any twelve (i2) month period for one or more of the following: 
5 
(A) 
6 
daughter. 
7 
8 
(B) 
(C) 
The birth of a son or daughter of the employee and in order ~o care for such son or 
The placement of a son or daughter with the employee for adoption or foster care. 
In order to care for the spouse, or a son, daughter, or parent, of the employee, if 
9 
such spouse, son, daughter, or parent has a serious health condition. 
10 
(D) 
A serious health condition that makes the employee unable to perform the 
11 
functions of the position of such employee. 
12 
The entitlement to leave under Paragraphs (A) and (B) above for a birth or placement of a 
13 
son or daughter shall expire at the end of the twelve' (12) month period beginning on the date of 
14 
such birth or placement. 
15 
SECTION 5. Leave Taken Intermittently or on a Reduced Leav~ Schedule. - Leave under 
16 
Paragraph (A) or (B) of the preceding Section shall not be taken by an employee intermittently or 
17 
on a reduced leave schedule unless the employee and the employer of the employee agree 
18 
otherwise. Subject to the requirements under Section 9, leave under Paragraph (C) or (D) of the 
19 
preceding Section may be taken intermittently or on a reduced leave schedule when medically 
20 
necessary. The taking of leave intermittently or on, a reduced leave schedule pursuant to this 
21 
paragraph shall not result in a reduction in the total amount of leave to which the employee is 
22 
entitled beyond the amount ofleave actually taken. 
23 
If an employee requests intermittent leave, or leave on a reduced leave schedule, under 
24 
paragraph (C) or (D) of the 'preceding Section, that is foreseeable based on planned medical 
25 
treatment, the employer may require such employee to transfer temporarily to an available 
26 
alternative position offered by the empl~yer for which the employee is qualified and that has 
3 
.' 


equivalent pay and benefits; and better accommodates recurring periods ofleave than the regular 
2 
employment position of the employee. 
3 
SECTION 6. Unpaid Leave Permitted. - If an employer provides paid leave for fewer 
4 
than 12 workweeks, the additional weeks of leave necessary to attain the twelve (12) workweeks 
5 
ofleave required under this title may be provided without compensation: 
6 
Except as provided in the next succeeding Section, leave granted under Section 4 may 
7 
consist of unpaid leave. Where an employee is otherwise exempt under regulations issued by the 
8 Secretary, the compliance of an employer with this title by providing unpaid leave shall not affect 
9 
the exempt status of the employee under such section. 
10 
SECTION 7. Substitution of Paid Leave. ~ An eligible employee may elect, or an 
II employer may require the employee, to substitute any of the accrued paid vacation leave, personal 
12 
leave, or family leave of the employee for leave provided under Paragraph (A), (B), or (C) of 
. 
. 
13 
Section 4 for any part of the twelve (12) week period of such leave under such subsection. 
14 
An eligible employee may elect, or an employer may require the employee, to substitute 
15 
any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee 
16 
for leave provided under Paragraph (C) or (D) of Section 4 for any part of the twelve (12) week 
17 
period of such leave, except that nothing in this Act shall require an employer to provide paid 
. 
18 
sick leave or paid medical leave in any situation in which such employer would not normally 
19 
provide any such paid leave. 
20 
SECTION 8. Foreseeable Leave. - In any case in which the necessity for leave under 
21 
Paragraph (A) or (B) of Section 4 is foreseeable based on an expected birth or placement, the 
22 
employee shall provide the employer with not less than thirty (30) days' nptice, before the date 
23 
the leave is to begin, of the employee's intention to take leave unGer such Paragraph, except that 
24 
if the date of the birth or placement requires leave to begin in less than thirty (30) days, the 
25 
employee shall provide such notice as is practicable. 
4 


In any case in which the necessity for leave 'tmder Paragraph (C) or (D) of Section 4 is 
2 
foreseeable based on planned medical treatment, the employee shall make a reasonable effort to 
3 
schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the 
4 
approval of the health care provider of the employee or the health care provider of the son, 
5 
daughter, spouse, or parent of the employee, as appropriate; and shall provide the employer with 
6 
not less than thirty (30) days' notice, bet;ore the date the leave is to begin, of the employee's 
7 
intention to take leave under such Paragraph, except that if the date of the treatment requires 
8 
leave to begin in less than thirty (30) days, the employee shall provide such notice as is 
9 
practicable, 
10 
In any case in which a husband and wife entitled to leave under Section 4 are employed 
11 
by the same employer, the aggregate number of workweeks of leave to which both may be 
12 
entitled may be limited to twelve (12) workweeks during any twelve (12) month period, if such 
13 
leave is taken under Paragraph (A) or (B) of Section 4; or to care for a sick parent under 
14 
Paragraph (C) of such Section. 
15 
SECTION 9. Certification. - An employer may require that a request for leave under 
16 
Paragraph (C) or (D) of Section 4 be supported by a certification issued by the health care 
17 
provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as 
18 
appropriate. The employee shall provide, in a timely manner, a copy of such certification to the 
19 
employer. 
20 
Certification that is required by the employer pursuant to Paragraph 1 above shall be 
21 
sufficient if it states the following: 
22 
23 
24 
(A) 
(B) 
(C) 
The date on which the serious health condition commenced;' 
The probable duration of the condition; and 
The appropriate medical facts within the knowledge of the health care provider 
25 
regarding the condition, 
26 
For purposes of leave under Paragraph (A) of Section 4, a statement that the eligible 
27 
employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount 
• 
28 
of time that such employee is needed to care for the son, daughter, spouse, or parent. For 
5 


purposes of leave under Paragraph CD) of the same Section, a statement that the employee is 
2 
unable to perform the functions of the position of the employee 
3 
In the case of certification for intermittent leave, or leave on a reduced leave schedule, for 
4 
planned medical treatment, the dates on which such treatment is 'expected to be given and the 
5 
duration of such treatment; 
6 
In the case of certification for intermittent leave, or leave on a reduced leave schedule 
7 
under Paragraph CD) of Section 4, a statement of the medical necessity for the intermittent leave 
8 
or leave on a reduced leave schedule, and the expected duration of the intermittent leave or 
9 
reduced leave schedule; and 
loIn the case of certification for intermittent leave, or leave on a reduced leave schedule, 
11 
under Paragraph C of Section 4, a statement that the employee's intermittent leave or leave on a 
12 
reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a-
13 
serious health condition, or will assist in their recovery, and the expected duration and schedule 
14 
of the intermittent leave or reduced leave schedule. 
15 
In any case in which the employer has reason to doubt the validity of the certification 
16 
provided under Paragraph I above for leave under Paragraph CC) or CD) of Section 4, the 
17 
employer may require, at the expense of the employer, that the eligible employee obtain the 
18 
opinion of a second health care provider designated or approved by the employer concerning any 
19 
information certified for such leave. The health care provider designated or approved shall not be 
20 
employed on a regular basis by the employer. 
21 
In any case in which the second opinion differs from the opinion in the original 
22 
certification, the employer may require, at the expense of the employer, that the employee obtain 
. 
. 
23 
the opinion of a third health care provider designated or approved jointly by the employer and 
24 
the employee concerning the information certified. The opinion of the third health care provider 
25 
concerning the information certified shall be considered to be final and shall be binding on the 
26 
employer and the employee. The employer may require that the eligible employee obtain 
27 
subsequent re-certifications on a reasonable basis. 
6 


2 
Act: 
3 
SECTION 10. Prohibited Ads. - The following shall beconsiderea unlawful under this' 
(A) 
To interfere with, restrain, or deny the exercise of or the attempt to exercise, any 
4 
right provided under this Act; 
5 
(B) 
To discharge or in any other manner discriminate against any individual for 
6 
opposing any practice made unlawful by this Act; 
7 
(C) 
To discharge or in any other manner discriminate against any individual because 
8 
such individual has 
9 
10 
11 
12 
13 
(I) 
(2) 
(3) 
Filed any charge, or has instituted or caused to be instituted any 
proceeding, under or related to this Act; 
Given, or is about to give, any information in connection with any inquiry 
or proceeding relating to any right provided tmder this title; or 
Testified, or is about to testify, in any inquiry or proceeding relating to any 
14 
right provided under this title. 
15 
Any person found by the National Labor Relations Commission to have committed any 
16 
of the prohibited acts above shall be liable for the damages in the amounts described in the next 
17 
succeeding Section. 
18 
SECTION II. Liabilities. - Any employer who commits any of the prohibited acts shall 
19 
be civilly liable to any eligible employee affected for damages equal to 
20 
(A) 
The amount of any wages, salary, employment benefits, or other compensation 
21 
denied or lost to such employee by reason of the violation. 
22 
(B) 
In a case in which wages; salary, employment benefits, or other compensation 
23 
have not been denied or lost to the employee, any actual monetary losses sustained by the 
24 
employee as a direct result of the violation, such as the-eost of providing care, up to a SlUll equal 
• 
25 
to twelve (12) weeks of wages or 'salary for the employee the interest on the amount described in 
26 
clause calculated at the prevailing rate; 
27 
(C) 
An additional amount as liquidated damages equal to the sum of the amount and 
28 
the interest described in Paragraph (B) above, except that if an employer who has violated 
7 
---------------


.' 
Section 10 proves to the satisfaction of the Connnission that the ·act or omission was in good 
2 
faith and that the employer had reasonable grounds for believing that the act or omission was not 
3 
a violation, the court may, at its discretion, reduce the amount of the liability to the amount and 
4 
interest determined under Paragraphs (A) and (B) respectively; and 
5 
(D) 
For such equitable relief as may be appropriate, including employment, 
6 
reinstatement, and promotion. 
7 
An action to recover the damages or equitable relief prescribed above may be filed by the 
8 
maintained against any employer in any court of competent jurisdiction by anyone or more 
9 
employees for and in behalf of the employees; or the employees and other employees similarly. 
10 
situated. 
11 
The court in such an action shall, in addition to any judgment awarded to the plaintiff, 
12 
allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to 
13 
be paid by the defendant. 
14 
The right provided by to bring an action by or on behalf of any employee shall terminate 
15 
on the filing of a complaint by the Secretary pursuant to the next succeeding Section below in an 
16 
action in which restraint is sought of any further delay in the payment of the amounts described 
17 
in Paragraph I above to such employee by an employer responsible for the payment; or on the 
18 
filing of a complaint by the Secretary of an action in which a recovery is sought of the damages 
19 
owing to an eligible employee by an employer, unless the action is dismissed without prejudice 
20 
on motion of the Secretary. 
21 
SECTION 12. Action by the Secretary of Labor: -
The Secretary shall receive, 
22 
investigate, and attempt to resolve complaints of any commission or commissions of the 
23 
prohibited aCts under Section 10. The Secretary may bring a civil action in any court of 
24 
competent jurisdiction to recover all the damages described in Paragraph 1 of Section 12 above. 
25 
Any sums recovered by the Secretary pursuant to this Section shall be held in a special 
26 
deposit account and shall be paid, on order of the Secretary, directly to each employee affected. 
27 
Any such sums not paid to an employee because of inability to do so within a period of three (3) 
28 
years shall be deposited into the Treasury of the Philippines as miscellaneous receipts. 
8 


SECTION 13. Limitation on the Period within which to Bring Suit. - Except as provided 
2 
in the preceding Section, an action may be brought pursuant to this Act not later than two (2) 
3 
years after the date of the last event constituting the alleged violation for which the action is 
4 
brought. 
5 
When action is commenced by the Secretary under Section 12, it shall be considered to 
6 
be commenced on the date when the complaint is 'filed for the purposes ofthis Section. 
7 
SECTION 14. Separability Clause. - If any provision or part hereof is held invalid or 
8 
unconstitutional, the remainder of the law or the provision not otherwise ~ffected shall remain 
9 
valid and subsisting. 
10 
SECTION 15. Repealing Clause. - Any law, presidential decree or issuance, executive 
11 
order, letter of instruction, administrative order, rule, or regnlation contrary to or inconsistent 
12 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
13 
SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
14 
publication in at least two (2) newspapers of general circulation. 
Approved, 
.. 
9