Republic of the Philippines

HOUSE OF REPRESENTATIVE:
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1289

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The Philippine national economy soars and falls on the strength and
productivity of its most vital resource — its labor force. Hence, the State has
enshrined in the Constitution its duty to provide full protection to labor and to
promote the rights of all workers, including their right to paid days off to pursue
well-balanced lives.

Existing laws currently entitle every qualified Filipino worker to enjoy
distinct types of paid days off or leaves. Some of the basic leaves are service
incentive, maternity, paternity, parental, and special ones for abused women or
those battling gynecological health issues. While these benefits exemplify
legislative efforts to nurture a work environment that upholds the welfare of
employees, they are also reflective of traditional Filipino values which reward
hard work, recognize the role of women in nation-building, and preserve the
sanctity of the family. A close examination of the aforementioned leaves,
however, reveals a gaping lack in a legally mandated time off for employees who
recently lost a family member. In fact, the discretion to grant employees the
space to grieve and recover from the loss lies solely on the employer who may or
may not permit the same. This scenario contradicts the State policy to provide


employees with humane working conditions that foster their productivity and
maintain their dignity

In light of the foregoing, this bill seeks to decree the mandatory provision
of a 10-day bereavement leave with full pay to all employees in the public and
private sectors who have recently lost an immediate family member within the
third level of consanguinity or affinity. Among others, this bereavement leave is
sought to provide employees adequate time to make the necessary wake and/or
burial arrangements, as well as to reach out to family members and friends for
emotional support during this difficult time. Furthermore, this bill also ensures the
non-diminution of benefits and security of tenure to those who avail of this
benefit

In consideration of the foregoing premises, the approval of this bill is
humbly sought

LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1289

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT

GRANTING BEREAVEMENT LEAVE OF TEN (10) DAYS WITH FULL
PAY TO ALL EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS AND
FOR OTHER PURPOSES

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
“Bereavement Leave Act of 2017”

SECTION 2. Declaration of State Policy. - The State affirms that the
Filipino family is the foundation of the nation and recognizes that the death of an
immediate family member bears a significant emotional and psychological burden
upon a family member. A bereavement leave benefit system is hereby
institutionalized to support employees in the public and private sectors who have
recently lost relatives belonging to their immediate family.

SECTION 3. Definition of Terms. -


a. "Bereavement Leave’ refers to a leave taken by an employee to
grieve the death, or attend or to make arrangements for the funeral,
of an immediate family member.

b. "Immediate Family Member’ refers to an employee's spouse, parent
or child, brother or sister, and relatives within the third degree of
consanguinity or affinity.

SECTION 4. Bereavement Leave for Immediate Family Members. —
Employees in the private and public sectors shall be entitled to a bereavement

leave of ten (10) days with full pay following the death of an employee's immediate
family member.

SECTION 5. Non-diminution of Benefits. - Nothing in this Act shall
be construed to reduce existing benefits granted under existing laws, decrees,

executive orders, or any contract, agreement, or policy between the employer and
employee.

SECTION 6. Security of Tenure. - Employees in the public and
private sectors who avail of bereavement leave provided under this Act shall be
assured of security of tenure. Availment of the leave shall not be used as reason
for misconduct, demotion, or termination in employment, or for any form of
unsatisfactory performance.

SECTION 7. Penalties. — 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
‘Twenty-thousand pesos (Php 20,000) or imprisonment of fifteen (15) days to one
(1) month.

If the violation is committed by a corporation, 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 8. Implementing Rules and Regulations. — The
Department of Labor and Employment and the Civil Service Commission, for the
private sector and public sector respectively, shall issue the necessary rules and
regulations of this act within thirty (30) days of its effectivity

SECTION 9. Separability Clause. If, for any reason, any part,
section or provision of this Act is held invalid or unconstitutional, the remaining
provisions not affected thereby shall continue to be in full force and effect.

SECTION 10. Repealing Clause. — All laws, decrees, orders, rules,
regulations and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly. Republic Act
No. 1161, as amended, is further amended accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,