1 
NINETEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES  
) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
HOUSE BILL No. ________ 
Introduced by REPRESENTATIVE LANI MERCADO-REVILLA 
AN ACT 
GRANTING 15 DAYS OF PAID LEAVE A YEAR TO EMPLOYEES WHOSE 
SPOUSE, PARENT, UNMARRIED CHILD, OR WHEN THEY THEMSELVES ARE 
SUFFERING FROM SERIOUS ILLNESS 
EXPLANATORY NOTE 
Family is the smallest unit of society. What is happening in a family unit is a 
microcosm of the macro social situation. The work or employment of the head/s of 
the family is the economic foundation of the family. However, in a health crisis 
situation, the working head of the family will be required, not only to spend for 
health needs of the sick family member, but to also be present during medical 
treatments and to care for them. 
The law sets the national policy on how to strike a balance between industry 
or productivity and community relations; between safeguarding lives and keeping 
the economy afloat. 
A family medical leave is designed to help employees balance their work and 
their family responsibilities. This bill seeks to grant an additional of fifteen (15) days 
paid leave a year to employees which they can utilize when they are critically or 
seriously ill, or when a direct family member is suffering from serious illness. 
Especially in this time of the pandemic, this measure shall afford the Filipino worker 
to attend to a seriously ill family member without losing income or productive hours, 
July 13, 2022
1:18 pm
1891


2 
and without fear that he might lose his job altogether. The integrity and stability of 
each and every Filipino family is a national concern. 
In consideration of the foregoing, the prompt passage of this bill is earnestly 
sought. 
REP. LANI MERCADO-REVILLA 


1 
NINETEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES  
) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
HOUSE BILL No. ________ 
Introduced by REPRESENTATIVE LANI MERCADO-REVILLA 
AN ACT 
GRANTING 15 DAYS OF PAID LEAVE A YEAR TO EMPLOYEES WHOSE 
SPOUSE, PARENT, UNMARRIED CHILD, OR WHEN THEY THEMSELVES ARE 
SUFFERING FROM SERIOUS ILLNESS 
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 "Family and Medical 
1 
Leave Act of 2022."  
2 
Sec. 2. Declaration of Policy. – It is hereby the policy of the State to reinforce 
3 
the importance of the family as the primary social institution of society. The State 
4 
shall support and uphold the health and well-being of the family.  
5 
Sec. 3. Definition of Terms. – For purposes of this Act, the term: 
6 
(A) “Eligible employee” means an employee who has been employed— (i) for
7 
at least 12 months by the employer with respect to whom leave is requested; and 
8 
(ii) for at least 1,250 hours of service with such employer during the previous 12-
9 
month period. 
10 
EXCLUSIONS. —The term ‘‘eligible employee’’ does not include— (ii) any 
11 
employee of an employer who is employed at a worksite at which such 
12 
employer employs less than 50 employees if the total number of employees 
13 
employed by that employer within 75 miles of that worksite is less than 50. 
14 
1891


2 
 
(B) “Employer” means any person engaged in commerce or in any industry or 
1 
activity affecting commerce who employs 50 or more employees for each working 
2 
day during each of 20 or more calendar workweeks in the current or preceding 
3 
calendar year; (ii) includes— (I) any person who acts, directly or indirectly, in the 
4 
interest of an employer to any of the employees of such employer; and (II) any 
5 
successor in interest of an employer;  
6 
(C) “Employment Benefits” means all benefits provided or made available to 
7 
employees by an employer, including life insurance, health insurance, sick leave, 
8 
annual leave, educational benefits, and pensions, regardless of whether such 
9 
benefits are provided by a practice or written policy of an employer or through an 
10 
‘‘employee benefit plan’’. 
11 
(D) “Health care provider” means— (i) a doctor of medicine or osteopathy 
12 
who is authorized to practice medicine or surgery (as appropriate) by the State in 
13 
which the doctor practices; or (ii) any other person determined by the Secretary to 
14 
be capable of providing health care services. 
15 
(E) “Parent” means the biological parent of an employee or an individual who 
16 
stood in loco parentis to an employee when the employee was a son or daughter. 
17 
(F) “Secretary” means the Secretary of the Department of Labor and 
18 
Employment (DOLE). 
19 
(G) “Serious health condition” means an illness, injury, impairment, or 
20 
physical or mental condition that involves— (i) inpatient care in a hospital, health 
21 
center, lying-in clinic, or residential medical care facility; or (ii) continuing treatment 
22 
by a health care provider.  
23 
(H) “Son or daughter” means a biological, adopted, or foster child, a 
24 
stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (i) 
25 
under 18 years of age; or (ii) 18 years of age or older and incapable of self-care 
26 
because of a mental or physical disability.  
27 
(I) “Spouse” means a husband or wife, as the case may be. 
28 


3 
 
Sec. 4. Coverage. – Any employee, regardless of status, may apply for and 
1 
shall be granted by the employer a paid family and medical leave of up to fifteen 
2 
(15) days when his/her spouse, parent or unmarried child suffers from a serious 
3 
illness; Provided, however, That spouses working for the same employer when 
4 
availing of the benefits under this Act shall only be granted a combined total of 
5 
fifteen (15) days of paid leave. The employee may also apply for the same if he 
6 
himself is physically unable to perform his job due to serious illness.  
7 
Sec. 5. Certification – The leave application shall be accompanied by a 
8 
notarized medical certificate duly accomplished by a licensed physician. The medical 
9 
certificate must clearly state the nature and extent of the illness, the date on which 
10 
the serious health condition commenced, the probable duration of the condition, and 
11 
the appropriate medical facts within the knowledge of the health care provider 
12 
regarding the condition.  
13 
In any case in which the employer has reason to doubt the validity of the 
14 
certification the employer may require, at the expense of the employer, that the 
15 
eligible employee obtain the opinion of a second health care provider designated or 
16 
approved by the employer concerning any information certified for such leave. The 
17 
health care provider designated or approved shall not be employed on a regular 
18 
basis by the employer. 
19 
In any case in which the second opinion differs from the opinion in the 
20 
original certification, the employer may require, at the expense of the employer, that 
21 
the employee obtain the opinion of a third health care provider designated or 
22 
approved jointly by the employer and the employee concerning the information 
23 
certified. The opinion of the third health care provider concerning the information 
24 
certified shall be considered to be final and shall be binding on the employer and the 
25 
employee. The employer may require that the eligible employee obtain subsequent 
26 
re-certifications on a reasonable basis. 
27 
 
28 
Sec. 6. The employees availing of the leave benefits under this Act shall, upon 
29 
return, be reinstated to his original position with equivalent pay, benefits and all 
30 
other terms and conditions of employment.  
31 


4 
 
Sec. 7. The fifteen (15) days leave provided under this Act may be availed of 
1 
by the employee in parts but no remainder thereof shall be carried over the 
2 
succeeding year. Provided, that no accumulated leave credits under this provision 
3 
shall accrue in favor of the employee for every year of service. 
4 
Sec. 8. The leave benefits mandated under this Act shall not diminish or affect 
5 
whatever vested rights and benefits the employee is already receiving under the law 
6 
collective bargaining agreement (CBA) or from the employer: Provided, that the 
7 
employee who is already receiving a similar unpaid leave benefits under the law or 
8 
CBA shall only be entitled to a maximum of fifteen (15) days of paid leave benefits. 
9 
 Sec. 9. Implementing Rules and Regulations. – The Secretary of the 
10 
Department of Labor and Employment shall promulgate the necessary rules and 
11 
regulations to effectively implement this Act.  
12 
Sec. 10. Separability Clause. – If any of the provisions of this Act is declared 
13 
unconstitutional, the same shall not affect the validity and effectively of other 
14 
provisions hereof. 
15 
 Sec. 11. Repealing Clause. – All laws, presidential decrees, executive orders, 
16 
proclamations and administrative regulations, which are inconsistent with the 
17 
provisions of this Act, are hereby amended, modified, superseded or repealed 
18 
accordingly.  
19 
Sec. 12. Effectivity Clause. – This Act shall take effect fifteen (15) days after 
20 
its publication in two (2) newspapers of general circulation.  
21 
 Approved,