Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5778

Introduced by Representative JOEY SARTE SALCEDA

AN ACT PROVIDING FOR A TWO (2)- DAY SPECIAL EMERGENCY LEAVE FOR
ALL WORKERS IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED
BY NATURAL CALAMITIES OR DISASTERS

EXPLANATORY NOTE

The Philippines, situated in the “Pacific Ring of Fire” and the Pacific Belt, is vulnerable
to various uncontrolled natural adversities that affect majority of our fellowmen. Our country is
visited by an average of twenty to twenty-five typhoons that wreak havoc, endangers the lives of
many, and destroy livelihoods and properties. Earthquakes and volcanic eruptions are also some
of the natural catastrophes that continue to endanger our people.

Recognizing the said environmental consequences, the State, through our Constitution, is
mandated to guarantee the rights to life, health, safety, and property of every Filipino. These
challenges have become part of our lives, so it is necessary that all known precaution and
‘compensation become warranted. The most vulnerable, most living in the typhoon-prone areas,
coastal lanes and fault lines, made surviving a priority over living, breathing and improving one’s
life.

Those exposed to threats have been forced to evacuate, to ensure the promise of zero
casualty prior to the occurrence of the calamity. With this bill, we do not only provide help to
Filipinos before and after a calamity, but also provide them few days of interval to facilitate the
RECOVERY, RELIEF and a chance to REBUILD their homes from the ground up and take
care of their families. This is to give them time to recharge and have their daily activities planned
so they can move forward after facing the harsh reality of calamities

In light of the foregoing, the passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

5775
HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
PROVIDING FOR A TWO (2)-DAY SPECIAL EMERGENCY LEAVE FOR ALL
WORKERS IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED BY
NATURAL CALAMITIES OR DISASTERS

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 “Calamity Leave Law”.

SEC. 2. Declaration of Policy.— It is the policy of the State as enshrined in Article II,
Sec. 18 of the Constitution to protect the rights of workers and promote their welfare. In
compliance therewith, it is of utmost importance that workers and their right to safe and
healthful working conditions must always be upheld.

Towards this end, and consistent with legal instruments that protect and promote the
rights of the workers, the State shall institutionalize a mechanism to grant special emergency
leave to employees affected by natural calamities or disasters. Labor, as a primary social
economic force, shall be given the protection that the exigencies of time and circumstances
mandate.

SEC. 3. Applicability. ~All rights and benefits granted to employees under this Act
apply to all officials, workers and employees, whether in the public or private sector.

SEC.4.Calamity Leave. ~

a)

Every employee who has rendered at least six (6) months of service shall be entitled
to two (2)-day special emergency leave each year, with pay, in times of natural
calamities or disasters, based on any of the grounds specified in Section 6 of this Act.

b) This provision shall not apply to those already enjoying the benefit herein provided
regardless of nomenclature, those enjoying similar emergency leave of at least three
days in times of natural calamities or disasters or personal emergencies and those

1


employed in establishments regularly employing less than ten (10) employees or in
establishments exempted from granting this benefit by the Secretary of Labor and
Employment after considering the viability of such establishment.

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The grant of benefit in excess of that provided herein shall not be made a subject of
arbitration or any court or administrative action.

SEC. 5. Exemption for Calamity Leave. ~This Act shall not apply to government
workers or employees who render services during or on occasion of natural calamities or
disasters.

SEC.6. Grant of Calamity Leave. The two (2)-day special emergency leave with pay
shall be available upon the declaration of a state of calamity by the President of the
Philippines or by any Local Sanggunian pursuant to Section 16 of R.A. No. 10121

However, in case a specific area was not declared under state of calamity but was
nonetheless severely affected by the natural calamity or disaster, the head of the office or
employer in the exercise of his or her own sound discretion, may grant the special emergency
leave to affected employee based on proof or evidence presented or news account.

The special emergency leave can be applied for two straight working days or on
staggered basis and will not be deducted from the employee’s leave credits. This leave may
be availed of by employees within ten (10) days from the date when the natural calamity or
disaster occurred.

SEC.7. Purpose of the Calamity Leave. Any qualified employee may avail of this
special emergency leave on any of the following grounds:
a) Being stranded in affected areas where there are no means of transportation that can
ensure a safe travel to and from work;
b) Disease or illness of employee incurred by reason of the natural calamity or disaster;
c) Caring of immediate family members affected by natural calamity or disaster; and
d) Urgent repair and clean-up of damaged house

SEC.8.Verification and Validation.The granting of the special emergency leave
under this Act shall be the duty of the head of office upon verification of the employee’s
eligibility thereto.

Leaves taken by the employee should be certified by local disaster management
offices of their respective provinces, cities or municipalities. This will also serve as an
additional layer for verification to refrain employees in taking unnecessary advantage of the
leave.

In determining the eligibility of an employee to leave granted herein, the head of
office or employer shall take into consideration the following:

a) Place of residence based on latest available records of the affected employee;

b) Declaration of calamity by the proper government agency;

c) Medical Certificate stating that the illness/disease was suffered by the employee or his
or her immediate family member as a consequence of the natural calamity or disaster.

4) Availability of and access to public transportation on the day of the natural calamity
or disaster,


e) Road closures due to the natural calamity or disaster along the route taken and could
be taken by the employee to avail of the said grant.

SEC.9.Suspension or Cancellation of Work.— If the head of office or employer
suspended or cancelled work on occasion of such natural calamity or disaster, the employee
may not be required to apply the special emergency leave during such suspension or
cancellation.

SEC.10.Non-cumulative and Non-commutative.—Unused leaves under this Act shall
not be cumulative and may not be converted into its cash equivalent.

SEC.11.Non-diminution of Benefits. — Benefits granted under this Act shall not in any
manner mean any reduction, diminution, discontinuation or elimination of other existing
benefits already enjoyed by workers. Rights already vested prior to the effectivity of this Act
shall remain to be in full force and effect upon the passage of this Act.

SEC. 12. Construction in Favor of Labor, ~ All doubts in the interpretation and
implementation of the provisions of this Act shall be resolved in favor of labor.

SEC. 13.Rules and Regulations.-The Department of Labor and Employment, Civil
Service Commission and other government agencies charged with the administration and
enforcement of this Act shall promulgate the necessary implementing rules and regulations,

SEC. 14.Separability Clause. — If, for any reason, any section or provision of this Act
is declared unconstitutional or invalid, the other sections or provisions which are not affected
shall continue to be in full force and effect.

SEC. 15.Repealing Clause.~All laws, decrees, executive orders, proclamations, rules
and regulations or parts thereof inconsistent herewith are repealed, amended, or modified
accordingly.

SEC. 16. EffectivityThis Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,