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

FIFTEENTH CONGRESS
Second Regular Session

gee 5334

House Bill No.__

Introduced by Honorable Carmelo F. Lazatin

EXPLANATORY NOTE

THE plight of victims of domestic violence doesn't end in the arrest and detention of the suspect
who committed the crime.

Usually, the victim has to undergo counseling and therapy, pursue legal case, seek medical
attention and other activities that can help overcome the bitter experience that she went through.

Sometimes, a victim cannot engage in these activities because of work, thus hampering her
recovery, physical and mental rehabilitation and most of all, the pursuit of justice.

This bill seeks to give additional 15-day paid leave for eligible employees, aside from the 10-day
leave provided by Republic Act 9262, or the Anti-Violence Against Women and their Children Act of 2004,

byuad, 4d

First District, Pagfpanga

Thus, the passage of this measure is earnestly sought.


Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session
_ 5334

House Bill No,

Introduced by Honorable Carmelo F. Lazatin

AN ACT GRANTING AN ADDITIONAL 15-DAY PAID LEAVE FOR ELIGIBLE EMPLOYEES WHO ARE
VICTIMS OF DOMESTIC VIOLENCE, AMENDING SECTION 43 OF REPUBLIC ACT 9262, OR THE
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

Sec. 1. Short Title: This Act shall be known as the "Additional Leave for Victims of Domestic
Violence Act of 2011".

Sec. 2. Declaration of Policy: The State values the dignity of women and children and guarantees
full respect for human rights, as stated by RA 9262

The aforementioned law also mentioned thatthe State recognizes the need to protect the family
and its members particularly women and children, from violence and threats to their personal safely and
security

Towards this end, the State shall exert efforts to help victims of domestic violence in any way to
recover from the traumatic experience.

Sec. 3. Definition of terms:
A. ELIGIBLE EMPLOYEE - An individual who:

1. a victim of domestic violence or is the parent of a minor child who is a victim of domestic
violence;

2. has been employed for at least 12 months by the employer to whom a request for leave under
this Actis directed.

3. has performed at least 1,250 hours of service during the previous 12 months of employment for
the employer.


B, EMPLOYER -- is any of the following:
1, The National Government or an agency or instrumentality of the National Government;
2. ALocal Government or an agency or instrumentality of the Local Government;

3. A person or entity that currently employs at least 15 persons each work day for 20 or more
weeks in a calendar year; or

4, A person or entity that employed at least 15 persons each work day for 20 or more weeks in the
immediately preceding calendar year.

C. CERTIFICATION FROM PROPER AUTHORITIES — is any of the following that can prove that
the employee is a victim of domestic violence:

a. Certification from the court that the employee or her minor child is involved in legal proceedings
related fo domestic violence;

. Certification from a medical professional that the employee or her minor child needs medical
attention, counseling and therapy.

, Certification from other law enforcement agencies and anti-domestic violence advocacy groups
that the victim and/or her minor child/children are victims of domestic violence.

Sec. 4. Section 43 of Republic Act 9262, or the Anti-Violence Against Women and their Children
Act of 2004, is amended to read as follows:

SECTION 43. Entitled to Leave. - Victims under this Act shall be entitled to take a pald leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules
and Regulations, extendible when the necessity arises as specified in the protection order.

ELIGIBLE EMPLOYEES WHO ARE VICTIMS OF DOMESTIC VIOLENCE, UPON SUBMISSION
OF CERTIFICATION FROM PROPER AUTHORITIES AND AFTER DUE NOTICE, SHALL BE ENTITLED
TO AN ADDITIONAL PAID LEAVE OF ABSENCE OF FIFTEEN (15) DAYS SPREAD OVER A 12-MONTH
PERIOD FOR MEDICAL TREATMENT, LEGAL PROCEEDINGS, RELOCATION, COUNSELING,
THERAPY AND ASSIST MINOR CHILD/CHILDREN WHO IS ALSO A VICTIM OF DOMESTIC VIOLENCE.

Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an
‘employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall
likewise be liable for discrimination.

Sec. 6. Implementing Rules and Regulations: The Secretaries of the Social Welfare and
Development and Department of Labor and Employment, within sixty (60) days from the effectivity ofthis
Act, shall issue the necessary rules and regulations for the effective implementation of this Act.


Sec. 7: Separability clause: The declaration of unconstitutionality or invalidity of any provisions of
this Act shall not affect the other provisions.

Sec . 8. Repealing clause: Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision of this Act
is hereby repealed, modified, or amended accordingly.

Sec. 9. Effectivity: This Act shall take effect after fifteen (15) days following its publication in at
least two (2) newspapers of general circulation.

Approved,