Senate Bill No. 1821
Senate Bill No. 1821
Senate Bill No. 1821
AN ACT
EXPANDING CERTAIN LEAVE BENEFITS OF GOVERNMENT OFFICIALS AND
EMPLOYEES AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Leave laws entitle government employees to enjoy various types of paid leaves,
namely: vacation leave, sick leave, maternity leave, paternity leave, solo parent leave,
special leave for women, and leave of absence for women who are victims of violence.
This proposed bill seeks to focus on the expansion of leave laws in order to
extend to government officials and employees greater protection against health
complications by affording them more time to rest and recuperate, thus, limiting the
incurrence of leave of absence without pay. This would cover increase In the number
of days of sick leave and vacation leave as well as provide legal basis for the grant of
rehabilitation leave to government officials and employees who sustained wounds or
Injuries while In the performance of their official duties and those whose Illness was
aggravated due to their working conditions.
A review of the current leave laws reveals that there is no law that provides
leave benefits and privileges for illnesses of officials and employees acquired or
aggravated in the workplace requiring Intensive or longer period of treatment, e.g.
cancer. State workers suffering from this kind of illness or disease need to be provided
with reasonable time to go through their treatment. Prolonged illness or sickness
consumes the employees' accumulated leave credits (sick leave and vacation leave
credits), most often leaving them on Leave Without Pay (LWOP), if their accumulated
leave credits are exhausted.
Another leave privilege not supported by any legislation is the Special Leave
Privilege (SLP). Under CSC MC No. 6 & 20 s. 1996 and CSC MC 41, s. 1998 as amended
by CSC MC No. 6,1999, government state workers are granted SLP for a maximum of
three (3) days annually, over and above the vacation, sick, maternity and paternity
leaves, to mark their personal milestones and/or attend to filial and domestic
responsibilities. However, uniike the rehabiiitation leave, the SLP shall be subsumed
in the expanded vacation leave of 30 days.
On the other hand, the Forced Leave (FL) of five (5) working days annually
should be strictly observed. Being mandatory, the FL should be availed of and enjoyed
successively In consonance with Its objective to allow officials and employees to take
time out from work, and spend time for their personal appointments and necessities
so that when they return to work, they will be reenergized and rejuvenated in the
performance of their jobs.
In order to alleviate the plight of Filipino state workers, the government should
provide them additional leave privileges comparable to the leave benefits and
privileges granted to their ASEAN counterparts. Such gesture would allow government
officials and employees to take leave of absence without losing their capacity to earn.
Moreover, it would boost their morale thereby motivating them to perform efficiently
and effectively resulting to their personal productivity as well as organizational
productivity.
RAMOTf^^^REmLA, JR.
EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Second Regular Session )
DATE
SENATE
AN ACT
EXPANDING CERTAIN LEAVE BENEFITS OF GOVERNMENT OFFICIALS AND
EMPLOYEES AND APPROPRIATING FUNDS THEREFOR
1 Section 1. Short Title. - This Act shall be known as the "Expanded Leave
2 Benefits Act of2020."
3 Sec. 2. Vacation and Sick leave. - Officials and employees of the national
4 government, local government units, government-owned or controlled corporations
5 and state universities and colleges, regardless of employment status, who render work
6 during the prescribed office hours shall be entitled to thirty (30) days vacation and
7 thirty (30) days sick leave annually with full pay, exclusive of Saturdays, Sundays and
8 holidays, without limitation as to the number days of vacation and sick leave that they
9 may accumulate.
10 The 30 days vacation leave shall be inclusive of the three (3) days Special Leave
11 Privilege (SLP) and the five (5) days Forced Leave (FL)..
12 Teachers are excluded from the said leave benefits except those designated to
13 perform non-teaching functions, as their leave privileges shall be governed by other
14 laws.
15 Sec. 3. Rehabilitation Leave. -
1 a) Officials and employees shall be entitled to the Rehabilitation Leave for a
2 maximum period of six (6) months for: (I) wounds and/or Injuries sustained
3 while in the performance of official duties; or (li) sickness or Illness resulting
4 from or aggravated by working conditions or environment.
5 Sickness referred herein includes illness accepted as an occupational disease
6 listed by the Employee Compensation Commission, and any illness caused
7 by employment subject to proof by the employee that the risk of contracting
8 the same is increased by working conditions.
9 , b) The duration, frequency and terms of availing of the rehabilitation leave
10 shall be based on the recommendation of medical authority.
11 c) Performance of official duty means situations wherein the official or
12 employee Is already at work, being on Official Business outside his/her work
13 station. Official Travel, authorized Overtime, Detail Order, and Special
14 Assignments.
15 Injuries from accidents that occurred while the official or employee is going
16 to work and going home from work may be considered sustained while in
17 the performance of official duties.
18 Sec. 4. Implementing Rules and Regulations. - The Civil Service Commission
19 (CSC) shall, within thirty (30) days from approval of this Act, issue such rules and
20 regulations necessary for the proper implementation of the provisions hereof.
21 Sec. 5. Separability Clause. - If, for any reason, any part, section, or provisions
22 of this Act Is held invalid or unconstitutional, the remaining provisions not affected
23 thereby shall continue to be in full force and effect.
24 Sec. 6. Repealing Clause. - This Act repeals Republic Act No. 218 dated July
25 1, 1947 entitled "An Act to Amend Section Two Hundred Eighty-Four and Section Two
26 Hundred Eighty-Five-A of the Revised Administrative Code, as Amended."
27 Sec. 7. Effectivity. - This Act shall take effect after fifteen (15) days following
28 the completion of Its publication In the Official Gazette or in at least two (2)
29 newspapers of general circulation.
30 Approved,