Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8847

Introduced by CONG. “KUYA” JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

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 lo-lying coastal islands, with more than 60 percent (60%) 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 rubles.

This measure seeks to grant emergency leave to employees affected by natural
calamities or disasters. This is proposed in an effort to provide assistance to workers
especially considering the distress brought about by disasters and calamities. Under this
measure, qualified employees shall be entitled to a seven (7) day special emergency leave
each year.

In view of the foregoing, the passage of this bill is immediately

CONG. “KUYA” JOSE ‘ONIO R. SY-ALVARADO
Representative

First District of Bulacan.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. e247

Introduced by CONG. “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT
PROVIDING FOR A SEVEN (7) - DAY SPECIAL EMERGENCY LEAVE FOR ALL
WORKERS IN THE PUBLIC AND PRIVATE SECTOR DIRECTLY AFFECTED BY
NATURAL CALAMITIES OR DISASTERS

Beit 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 “Lingkod Calamity Leave
Act”.

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 right of the workers and promote their
welfare. In compliance therewith, it is of utmost important that workers and their right to
safe and healthful working conditions must always be upheld.

Towards this end, and consistent with legal instruments that protects and promote
the rights of the workers, the State shall institutionalize a mechanism to grant special
emergency leave to employee 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 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 services shall
be entitled to seven (7)-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 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.

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

°)


SECTION 5. Grant of Calamity Leave. ~ The seven (7)-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
as 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 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 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 member affected by natural calamity 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 closure 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 on 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 on-commutative. - Unused leaves under this
Act shall not be cumulative and may not be converted into its cash equivalent.

SECTION 10. Non-diminution of Benefit. - 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 provision of this Act shall be resolved in favor of labor.

SECTION 12. Rules and Regulation. - The Department of Labor and Employment
and other government agencies charged with the administration and enforcement of this
Act shall promulgate the necessary implementing rule 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, rules and
regulations inconsistent with any provision of this Act are hereby repealed, amended or
modified accordingly.

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