SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'1.'3 
JUL -3 \' 2 ::1 
SENATE. 
S. No. 
4u2 
RECE!\'r~i.' BY:=f 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 15, Section I recognizes the Filipino family as the foundation 
of the nation. Accordingly, it mandates the State to strengthen family solidarity and actively 
promote its total development 
It is important for the development of the family unit that its members should be able to 
participate in the rearing and taking care of members who have serious health conditions. 
However, as the present economic crisis continue to inflate the prices of our basic commodities, 
family members are compelled to work and leave their responsibility of family caretaking to 
other people. 
This bill entitles every eligible employee to take reasonable leave that will allow him or 
her to care for his or her spouse, ascendant, or descendant who has serious health condition 
without fear of losing his or her job, It seeks to promote both the stability and economic security 
of the family as well as the national interest in preserving family integrity. 1 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session, 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
First Regular Session . 
) 
SENAJE 6) 
S. No. 
'1 U t;., 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
"/3 JUL-3 
1 
2 
GRANTING FAMILY LEAVE TO ELIGIBLE EMPLOYEES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Family Leave Act." 
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SECTION 2. Declaration of Policy. - The State is mandated to strengthen and protect the 
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family as a basic social institution. Thus, the State must provide working members of the family 
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such benefits that will enable them to meet both the demands of their work as well as the needs 
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of their family. 
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SECTION 3. Definition of Terms. - For purposes of this Act, the term -
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(A) "Secretary" refers to the Secretary of Labor and Employment; 
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(8) "Serious health condition" means an illness, injury, impairment, or physical or mental 
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condition that involves in-patient care in a hospital; or continuing treatment by a doctor; 
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(C) "Descendant" means a biological child, adopted child, a step child, a legal ward, or a 
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child of a person standing in loco parentis, who is under eighteen (18) years of age, or older but 
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is incapable of self~care because of a mental or physical disability; 
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(D) "Spouse" means a legitimate husband or wife; 
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(E) "Eligible Employee" means an employee who has been employed for at least twelve 
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(12) months by the employer with respect to whom leave is requested; 
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(F) "Ascendant" means the biological parent of an employee; 
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(G) "Doctor" means a doctor of medicine who is authorized to practice medicine or 
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surgery; and 
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(H) "Employer" means any person engaged in commerce or in any industry or activity 
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affecting commerce who employs ten (10) or more employees for each working day; 
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SECTION 4. Entitlement to Leave. - An eligible employee shall be entitled to a total of 
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seven (7) days of leave during any twelve (J 2) month period in order to care for the spouse, 
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descendant, or ascendant of the employee, if such spouse, ascendant, or descendant has a serious 
8 
health condition. The employee shall provide his or her employer a medical certification from 
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the patient's attending eloctor attesting to such serious health condition. 
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SECTION 5. Duties of the Employee. - Tn case the necessity for leave under this Act is 
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foreseeable based on a planned medical treatment, the employee: 
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(A) Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly 
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the operations of the employer; and 
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(B) Tn any case in which the employer has reason to doubt the validity of the certification 
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provided under the preceding section, the employer may require, at the expense of the employer, 
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that the eligible employee obtain the opinion of a second doctor designated or approved by the 
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employer concerning any information certified for such leave. 
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(C) In any case in which the second opinion described in the preceding paragraph differs 
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from the opinion in the original certification. the employer may require, at the expense of the 
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employer, that the employee obtain the opinion of a third doctor designated, or approved jointly 
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by the employer and the employee. The opinion of the third doctor shall be considered to be final 
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and shall be binding on the employer and the employee. 
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SECTION 6. Penalty. - Any person, corporation, trust, firm, partnership, association or 
24 
entity found violating this act shall be punished by a fine not exceeding Twenty Thousand Pesos 
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(P20,000.00) or imprisonment of not less than thirty (30) days nor more than six (6) months. If 
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the violation is committed by a corporation, trust, firm, partnership, association or entity, the 
2 
penalty shall be imposed upon the guilty officers of that corporation, trust, firm, partnership, 
3 
association or entity. 
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SECTION 7. Implementing Rules and Regulations. - Not later than ninety (90) days from 
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the effectivity of this Act, the Secretary of Labor and Employment shall promulgate the rules and 
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regulations implementing this Act. 
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SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the reminder of the law of the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 10. E.ffectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
3