FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
568 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Overseas Filipino Workers (OFWs) contribute greatly to the nation building. This 
year alone, OFWs remitted billions of dollars to the country to the much-needed 
foreign currency into the economy. 
This bright spot, however, has its own 
drawbacks. 
OFWs reap the fruits of their labor earning money from foreign 
countries, but they suffer in silence the tremendous solitude and isolation in 
distant lands, away from the comfort and love of their families and friends. 
Families of OFWs also carry the same burden. They bear the pain of separation 
from loved ones, who have to travel thousand miles to earn a living. As a result, 
many OFW families are dysfunctional. 
An Overseas Filipino Worker's spouse necessarily plays the role of both father 
and mother back home. Like a single parent, said spouse alone will have to 
attend to the needs of their family. The demands of the double role played by the 
OFWs spouse are so heavy that they often do not have the time to carry out or 
complete their tasks. 
This bill seeks to provide a solution to that problem. 
It aims to give every 
legitimate spouse-employee of an Overseas Filipino Worker in the private and 
public sectors an additional special leave credit of fifteen (15) days a year with 
full pay, subject to certain exceptions. 
The passage of this bill is earnestly requested. 
Senator 
, ,C-' , 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
568 
Senate Bill No. ___ _ 
:;;. -
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
GRANTING A SPECIAL LEAVE OF ABSENCE OF FIFTEEN (15) DAYS A 
YEAR WITH FULL PAY TO ALL LEGITIMATE SPOUSES OF OVERSEAS 
WORKERS 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 "Special Leave for 
Overseas Workers' Spouses Act of 2010". 
SEC 2. Notwithstanding any law, rules and regulations to the contrary, every 
legitimate spouse-employee of an overseas worker in the private and public 
sectors shall be entitled to an overseas worker's spouse leave of fifteen (15) days 
a year with full pay. 
Employees availing of this leave privilege shall submit to their employer the 
following: 
1. Name of spouse; 
2. Copy of their Marriage Contract; 
3. Information as to the nature and place of work of the overseas worker 
concerned; 
4. Copy of the overseas worker's passport. 
SEC 3. Oefinition of Terms. - For purposes of this Act, the following terms shall 
have the meaning as indicated hereunder: 
1. "Employee" refers to any person who performs services for another and 
receives 
compensation 
therefor, 
provided 
an 
employer-employee 
relationship exists between them; 
2. "Overseas worker" refers' to a person who is engaged in a remunerated 
activity in a state of which he or she is not a legal resident; 


3. "Special Overseas Worker's Spouse Leave" refers to the leave benefits 
with pay for a period of fifteen (15) days a year granted to an employee 
who is a legitimate spouse of an overseas worker. 
This special leave may be utilized to attend to the needs of the overseas 
worker's family. 
4. "Spouse" refers to the legitimate wife or husband; one who is legally 
married to the overseas worker concerned. 
SEC 4. Disqualifications. - The following employees shall not be allowed to avail 
of this leave: 
1. Thos.e who are absent from work without official leave; 
2. Those who are on vacation, sick, forced or study leave, or those who have 
already availed of other forms of leave allowed by law; 
3. Those whose services are necessary to prevent loss of life or damage to 
property, brought about by serious accidents, fires, floods, typhoons, 
earthquake, epidemic or other disasters. 
SEC 5. Tax Credit; Income Tax Deduction for Employers in Non-Government 
Institutions. -
Employers in non-government institutions granting this leave 
benefit shall be accorded income tax deduction from its gross income for each 
taxable year, based on the actual cost paid by the employer in granting this leave 
benefit to its qualified employees. 
For purpose of claiming tax credits, private establishments are required to keep 
separate records of their employees who avail of this leave benefit. 
SEC 6. The Secretary of Labor and Employment and the Chairman of the Civil 
Service Commission shall, within thirty (30) days from the effectivity of this Act, 
issue such rules and regulations necessary for the proper implementation of the 
provisions of this law. 
SEC 7. 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 five thousand pesos (P25,OOO.00) or 
imprisonment of not less than thirty (30) days nor more than six (6) months. 
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. 
SEC 8. 
Non-diminution Clause. -
Nothing in this Act shall be construed to 
reduce any existing benefits of any form granted under existing laws, decrees, 
executive orders, or any contract, agreement or policy between employer and 
employee. 


SEC 9. Repealing Clause. - All laws, ordinances, rules, regulations, issuances 
or parts thereof which are inconsistent with this Act are hereby repealed or 
modified accordingly. 
SEC 10. 
Effectivity. -
This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of national 
circulation. 
Approved,