Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
GRANTING A SPECIAL LEAVE OF ABSENCE OF FIFTEEN (15) DAYS A 
YEAR WITH FULL PAY TO ALL LEGITIMATE SPOUSE OF OVERSEAS 
WORKERS IN THE PRIVATE AND PUBLIC SECTORS, 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The Philippines ranks as one of the major labor-sending countries 
worldwide.1 With most Filipino migrants being parents, many children need 
to live away from their OFW parents over an extended period.  
With the proliferation of transnational families, studies have shown 
impacts on the mental and emotional health of children due to prolonged 
parent-child 
separations 
and 
the 
overall 
transnational 
living 
arrangements.2    
As the State recognizes the sanctity of family life, it strives to protect 
and strengthen the family as a basic autonomous social institution. In this 
endeavor it shall also protect the well-being of left-behind families, 
especially children who are significant predictors of the development of a 
nation. 
With the limited number of days for leaves of employees in the 
country, many OFWS whose spouses are employed in the Philippines do not 
get to spend a hundred percent of their vacation time with their family. 
1 “Number of OWFs nearly fell nearly a fifth to 1.8M in 2020”. 2020 
https://www.bworldonline.com/top-stories/2022/03/09/434745/number-of-ofws-fell-nearly-a-fifth-
to-1-8m-in-2020/ Accessed Online on September 6, 2022  
2 Graham, E and LP Jordan, 2011” Migrant Parents and the Psychological Well-being of Left-behind 
Children in Southeast Asia”. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3229683/ Accessed 
Online on 19, 2022 
September 21, 2022
9:10 am
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To ensure that OFWs’ rare vacations are well spent with their loved 
ones and to reinforce their familial ties, this bill aims to give every legitimate 
spouse-employed of an OFW in the private and public sectors an additional 
special leave credit of fifteen (15) days a year with full pay, subject to certain 
qualifications. 
 
 
While the bill recognizes that a mere additional days in the OFWs’ 
vacations would not compensate the number of days that they are away 
from the family, the bill hopes that by providing the left-behind spouses 
additional days of leave, every transnational family will choose to strengthen 
the bond of their families, and be as involved as possible in their homes, as 
basic structures of the institution. It further hopes that the bill can help 
address the rising numbers of marriage dissolutions among transnational 
couples.  
 
 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 
 
 
 
 
REP. PM VARGAS   
 
Fifth District, Quezon City 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
GRANTING A SPECIAL LEAVE OF ABSENCE OF FIFTEEN (15) DAYS A 
YEAR WITH FULL PAY TO ALL LEGITIMATE SPOUSE 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”. 
SECTION 2. Special Leave for Overseas Workers’ Spouses. – 
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 fifteen (15) 
days a year with full pay. 
Employees availing this leave privilege shall submit to their employer the 
following: 
1. Name of spouses;
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.
SECTION 3. Definition of Terms. – For purposes of this Act, the following 
terms shall have the meaning as indicated hereunder: 
a) “Employee” refers to any person who performs services for another
and receives compensation therefor, provided an employer-employee
relationship exists between them;
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b) “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; 
 
c) “Special Overseas Worker’s Spouse Leave” refers to the leave benefits 
with pay for a period of fifteen (15) days a year granted an employee 
who is a legitimate spouse of an overseas worker. 
 
d) “Spouses” refers to the legitimate wife or husband; one who is legally 
married to the overseas worker concerned. 
 
SECTION 4. Disqualifications. – The following employees shall not be 
allowed to avail of this leave: 
 
a) Those who are absent from work without official leave; 
 
b) Those who are on vacation, sick, forced or study leave, or those who 
have already availed of other forms of leave allowed by law; 
 
c) Those who 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. 
SECTION 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 purposes of claiming tax credits, private establishments are required to 
keep separate records of their employees who avail of this leave benefit. 
 
SECTION 6. Implementing Rules and Regulations. – 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 of this law. 
 
SECTION 7. Penalties. – 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 (P25,000.00) or imprisonment of not less than thirty 
(30) days not 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. 


 
SECTION 8. Non-diminution of Benefits. – 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. 
 
SECTION 9. Separability Clause. – If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the 
other provisions hereof. 
 
SECTION 10. Repealing Clause. – All laws, ordinances, rules regulations, 
issuances or parts thereof which are inconsistent with this Act are hereby 
repealed or modified accordingly. 
 
SECTION 11. 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,