..irnatr 
,. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
", 
(011". gf llr.,:i>.·rnlnr, 
) 
First Regular Session 
) 
·13 
AUG -8 P2 :57 
SENATE 
S. B. NO. 1258 
liM'! 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
There are several types ofleaves allowed by law. as follows: 
1. Service Incentive Leave under the Labor Code - five (5) days; 
2. Maternity Leave under the SSS Law - sixty (60) days or seventy-eight (78) 
days in case of caesarian delivery; 
3. Paternity Leave under RA. 8187 or the Paternity Leave Act - seven (7) days; 
4. Solo Parent's Leave under RA. 8972 or the Solo Parents' Welfare Act -
seven (7) working days; 
5. Battered Women Leave under R.A. 9262 or the Anti-Violence Against 
Women and Children Act - up to ten (10) days; and 
6. Special leaves under RA. 9710 or the Magna Carta for Women - two (2) 
months. 
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There are already plenty of leaves available, but there is no existing leave benefit available to 
employees that address special and unexpected circumstances. Special circumstances would 
include any other instance that would promote the minor's physical, moral, spiritual, 
intellectual and social well being that needs the quality time, supervision and undivided 
attention of the minor's parents. 
This bill ensures that employed parents, solo or otherwise, as well as legal guardians in both 
public and private institutions, are given the opportunity to care for their children especially 
in instances when the latter requires special attention. 
In view of the foregoing, the timely passage of this bill is earnestly recommended. 
~ 
MAlUALO~S.BINAY 
Senator 
( 


:Seunb 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
''''fft,..f tlt.,S.rrrla" 
First Hegular Session 
'13 
AUG -8 P 2 :57 
SENATE 
S. B. NO. 1258 
REn·:",!) BY: r
i
' 
Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT GRANTING PARENTAL CARE LEAVE WITH FULL PAY TO ALL 
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EMPLOYED PARENTS OR LEGAL GUARDIANS OF MINOR CHILDREN IN THE 
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PRIVATE AND PUBLIC SECTOR 
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Be II enacted by the Senate and House of Representatives of the Philippmes in 
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Congress assembled' 
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SECTION L Short 1'lIk This Act shall be known as the "Parental Care Leave Act (}t 
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2013", 
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SECTION 2. Dec/aration of Policy, It is hereby declared the policy of the State to ensure the 
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promotion of children's physical, moral, spiritnal, intellectual and social well being in 
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recognition of their vital role in nation-building, Towards this end, the State hereby 
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recognizes the need of employed parents and legal guardians of minor children to spend 
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quality time and give special attention to the latter's needs without prejudice to existing 
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employment rights of such parents or legal guardians, 
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SECTION 3. Definition of Terms, Whenever used in this Act, the following terms shall mean 
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as follows: 
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a) Parent - the biological or adoptive mother or father of a minor child; 
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b) Legal Guardian - any individual who falls under any of the following 
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categories: 
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A court-appointed individual who has custody and care of a 
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minor child; 
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An individual authorized in a public document signed and 
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acknowledged by both parents of the minor child during the 
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period when both parents are required to work outside the 
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Philippines for at least one (l) year, whenever both parents 
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be unable to return to the Philippines during the said year 
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c) Minor/Child -
refers to a child living with and dependent upon the 
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employed parent(s) or legal guardian for support who is not more than 
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eighteen (\8) years of age, including those who are over eighteen (18) 
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years of age, but not more than twenty-one (21) years of age, when the 


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child is still finishing his or her schooling or training for some profession, 
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trade or vocation; 
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d) Parental care leave - shall mean leave benefits granted to any parent or 
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legal guardian to enable him or her to perform parental duties and 
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responsibilities and attend to the special needs of the minor child under 
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their care. 
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SECTION 4. Enlillemeni Iv Parental Care Leave. In addition to leave privileges under 
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existing laws, a parental care leave of at least two (2) working days every year for each minor 
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child under their care shall be granted to any employed parent or legal guardian who has 
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rendered service for at least one (1) year: PrOVIded, that such parental care leave shall not 
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exceed ten (10) working days for each parent or legal guardian. 
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SECTION S. Application to Solo Parents under the Solo Parents' Welfare Act. In case of 
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solo parents covered by Republic Act No. 8972, otherwise known as the Solo Parents' 
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Welfare Act, the parental care leave provided herein shall not diminish nor replace the 
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benefits and privileges provided thereunder. 
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SECTION 6. Implementmg Rules and Regulations. An interagency committee headed by the 
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Department of Labor and Employment, in coordination with the Department of Social 
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Welfare and Development, is hereby established which shall formulate, within ninety (90) 
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days upon the effectivity of this Act, the rules and regulations necessary for the proper 
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implementation of the provisions hereof. 
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SECTION 7. Penally Clause. Any person, corporation, trust, firm, partnership, association or 
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entity found violating this Act or the rules and regulations promulgated in accordance with 
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this Act shall be punished by a fine not exceeding Twenty-Five Thousand Pesos 
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(PhP25,000.OO) or imprisomnent of not more than thirty (30) days, or both, at the discretion 
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of the court. 
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If the violation is committed by a corporation, trust or finn, partnership, association or any 
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other entity, the penalty of imprisonment shall be imposed on the entity's responsible oftlcers, 
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including, but not limited to, the president, vice-president, chief executive officer, general 
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manager, managing director or partner directly responsible therefor. 
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SECTION 8. Nun-dimInutiun Clause. Nothing in this Act shall be construed to reduce any 
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existing benefits of any [onn granted under existing laws, decrees, executive orders, or any 
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contract agreement or policy between an employer and employee. 
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SECTION 9. AppropriatIOns. The amount necessary to carry out the provisions of this Act 
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shall be charged out of the funds of the Department of Labor and Employment. Thereafter, 
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any sum that shall be needed for the regular implementation of this Act shall be included in 
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subsequent General Appropriations Act following this Act's enactment into law. 
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SECTION 10. Repealing Clause. All laws, orders, and decrees, including rules and 
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regulations inconsistent with the provisions of this Act are hereby repealed or modified 
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accordingly. 
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SECTION 11. Separability Clause. If any part or provision of this Act is held to be 
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unconsti tutional or invalid, the other provisions hereof which are not affected by the 
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unconstitutionality or invalidity of the other provisions shall continue to be in full force and 
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effect. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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