Republic of the Philippines

House of Representatives

Batasan Bills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5586

Introduced by Representative Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE:

The 1987 Philippine Constitution guarantees the rights to life, health, safety and property
which are fundamental rights of every Filipino. the state shall uphold the people's constitutional
rights to life and property by addressing the root causes of vulnerabilities to disasters,
strengthening the country's institutional capacity for disaster risk reduction and management and
building the resilience of local communities to disasters including climate change impacts. This is
stated under Republic Act No. 10121, otherwise known as the “Philippine Disaster Risk Reduction
and Management Act of 2010”.

The Philippines’ geographical location makes it prone to numerous calamities and
typhoons. An average of twenty (20) typhoons hit our country annually.’ This poses a huge
problem for the state because a huge portion of the population of the country are living in low-
lying coastal islands, with more than 60 percent of the living in coastal zones. This exposes them
to threats which, most of the time, have forced them to evacuate, and sometimes even, rebuild their
homes and lives from the rubbles.

This bill seeks to mitigate the losses of public and private employees whose homes are
damaged, destroyed, or flooded due to calamities caused by typhoons, earthquakes, and other
causes, Affording protection to both the employer and the employee, the availment of Calamity
Leave under this bill shall be limited to the grounds and circumstances, and only upon compliance
vsdth the requirements set forth and in conformity with the

issued guidelines

"De La Cruz, Gwen, "IN NUMBERS: Typhoons in the Philippines and the 2016 polls.” 19M
arch 2016 Rappler. Available at; https://www.rappler.eo /move-ph/issues//disasters /126001-
typhoons-enter-philippines-fast facts


In view of the foregoing, the approval of this measure is earnestly sought

<a

Florencio Gabriel “Bem” G. Noel
An Waray Party-list Representative.


Republic of the Philippines

House of Representatives

Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5586

Introduced by Representative Florencio Gabriel “Bem” G. Noel

AN ACT
PROVIDING FOR A FIVE (5)-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 I. Title. - This Act shall be known as the "Calamity Leave Law”.

SECTION. 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/disasters. Labor, as a primary social economic
force, shall be given the protection that the exigencies of time and circumstances mandate.

SECTION 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. This Act shall
not apply to government workers or employees who render services during or on occasion of
natural calamities or disasters.

SECTION. 4. Calamity Leave. -


a) Every employee who has rendered at least six (6) months of service shall be entitled to
five (s)-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.
This provision shall not apply to those already enjoying the benefit herein provided
regardless of nomenclature, those enjoying similar emergency leave of at least five days
in times of natural calamities or disasters or personal emergencies and those 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.
c) The grant of benefit in excess of that provided herein shall not be made a subject of
arbitration or any court or administrative action.

b

SECTION. 5. Grant of Calamity Leave. - The five (s)-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 the 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/disaster, the head of the office or employer
in the exercise of his/her 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 five 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,

SECTION. 6. 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,
©) Caring of immediate family members affected by natural calamity or disaster; and
d) Urgent repair and clean-up of damaged house.

SECTION. 7. 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.
In determining the eligibility of an employee to the leave granted herein, the head of
office or employer shall take into consideration the following:
1. Place of residence based on latest available records of the affected employee;
2. Declaration of calamity by the proper government agency;


3. Medical Certificate stating that the illness/disease was suffered by the employee or
his/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/disaster;

5. Road closures due to the natural calamity or disaster along the route taken and could be
taken by the employee to and from work; and

6. Other matters that may aid the head of office in his decision on the eligibility of the
employee to avail of the said grant

SECTION. 8. 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.

SECTION. 9. Non-cumulative and Non-commutative. - Unused leaves under this Act shall not
be cumulative and may not be converted into its cash equivalent.

SECTION, 10. 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.

SECTION. 11. 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.

SECTION. 12. Rules and Regulations. - The Department of Labor and Employment and other
government agencies charged with the administration and enforcement of this Act shall
promulgate the necessary implementing rules and regulations.

SECTION. 13. 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.

SECTION. 14. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules and
regulations or parts thereof inconsistent herewith are repealed, amended, or modified
accordingly.

SECTION. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,