Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House BiLLNo.__ 3762

Introduced by Rep. Pablo P. Garcia

EXPLANATORY NOTE

We, Filipinos, value the family very dearly. In times of joy and sorrow, we have
our families to count on. We celebrate together every happy occasion and we stick
together during difficult times, especially in the event of death of a family member.

By tradition, we always find a way to be with our families when a loved one
passes away even if it means incurring absences from work. We feel it is our duty to be
with each other not only to mourn together but to help out in the heartrending process of
laying the departed relative to rest.

While the country’s workforce enjoys some forms of authorized leaves with full
compensation such as maternity, paternity, hospitalization and vacation leaves, there is
none available when a member of the immediate family passes away. Hence, absences
are inevitable when this contingency arises.

Therefore, it is the objective of this bill to grant a mortuary leave of fourteen (14)
days with full compensation to employees of the private and public sectors in the event
of death of a parent, child, spouse or sibling to enable them to mourn with their families
and help out in laying the departed relative to rest. The leave shall be for fourteen (14)
days to give the employees enough time to fully recover after the agonizing
esponsibility of attending to the embalming, wake and burial of the departed family
member.

In view of the foregoing, the prompt approval of this measure is earnestly
requested. ;
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wld P. GARCIA

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

"62
HOUSE BILL NO. 3762

introduced by Rep. Pablo P. Garcia

AN ACT
GRANTING MORTUARY LEAVE OF FOURTEEN (14) DAYS WITH FULL
COMPENSATION TO EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS IN
THE EVENT OF DEATH OF A FAMILY MEMBER WITHIN THE FIRST DEGREE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Mortuary Leave Act of
2010."

SECTION 2. Notwithstanding any law, rules and regulations to the contrary,
every employee in the private and public sectors shall be entitled to a mortuary leave of
fourteen (14) days with full compensation in the event of death of a family member
within the first degree.

For purposes of this Act, Mortuary Leave refers to benefits granted to employees
of the private and public sectors in the event of death of a parent, spouse, child or
sibling, allowing them not to report for work for fourteen (14) days but continue to earn
full compensation therefor, for purposes of allowing them to mourn with their families
and help out in the laying of the dead relative to rest. Provided, that any employee may
avail of this leave for a maximum of four times during the duration of his employment.

SECTION 3. The Secretary of Labor and Employment and the Chairperson 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 hereof.

SECTION 4, Any person, corporation, trust, firm, partnership, association or
entity found guilty of violating Section 2 of this Act or the rules and regulations
promulgated thereunder shall be penalized by a fine not exceeding Twenty-five
thousand pesos (P25,000.00) or imprisonment of not less than thirty (30) days nor more
than six (6) months, at the discretion of the Court.


If the violation is committed by a corporation, trust, firm, partnership, association
or entity, the penalty of imprisonment shall be imposed on the entity's responsible
officer or officers, including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or partner directly responsible
thereof.

SECTION 5. 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 employers and
employees.

SECTION 6. Repealing Clause. - All laws, ordinances, rules, regulations,
issuances, or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 7. 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.