2ND EXAM REVIEWER

SOCIAL LEGISLATION

Service Incentive Leave

Coverage.
- Every employee who has rendered at least 1 year of service
- is entitled to SIL of 5 days with pay.
This benefit applies to all employees except:
1) Government employees, whether employed by the National Government or any of its political subdivisions,
including those employed in GOCCs with original charter or created under special laws.
2) Persons in personal service of another.
3) Managerial employees, if they meet the following conditions:
a. Those whose primary duty is to manage the establishment in which they are employed or any of
its department or subdivision.
b. Those who are customarily and regularly direct the work of 2 or more employees therein.
c. Those who have the authority to hire or fire other employees of lower rank or recommendations
for such, including the promotion, are given particular weight.
4) Officers or members of managerial staff. Provided, they do not devote more than 20% of their hours
worked in a workweek to activities not directly related to non-managerial or non-supervisorial tasks.
5) Field personnel or those whose time and performance is unsupervised by the employer.
6) Those already enjoying this benefit.
7) Those enjoying the vacation leave with pay of at least 5 days; and
8) Those establishments employing less than 10 employees.
Meaning of 1-year service.
- Service within 12 months, whether continuous or broken. Employees whose working days is less than 12
months, such as seasonal employees, shall be considered as 1 year.
Usage/conversion to cash.
- It may be used for sick or vacation leave purposes.
- It is convertible to cash.

Maternity Leave (RA 1161, as amended by RA 8282)

Coverage.
- This benefit applies to all female employees, whether married or unmarried.
Entitlement.
All female employees, whether married or unmarried, is entitled to maternity leave benefit of:
 60 days in case of normal delivery or miscarriage, or
 78 days in case of caesarian section delivery.
Equivalent to 100% of the average daily salary credit of the employee.
Maternity leave benefit is granted in lieu of wages and not included in computing the 13th month pay for the calendar
year.
Conditions for entitlement.
1) The female employee should be an SSS member employed at the time of her delivery or miscarriage.
2) She must have given the required notification to the SSS through her employer.
3) Her employer must have paid at least 3 monthly contributions to the SSS within the 12 month period
immediately before the date of contingency.

Paternity Leave (RA 8187)

Coverage.
- Paternity leave is granted to all married male employees in the private sector, regardless of employment
status.
- Its purpose is to lend support to his wife during her period of recovery and nursing her newborn child
- Government employees are also entitled to such benefit but governed by the CS rules.
Entitlement.
- It shall apply only to the first 4 deliveries employee’s lawful wife with whom he is cohabiting, except:
o spouses not physically living together by reason of workstation or occupation
- It shall be for 7 calendar days with full pay.
- Usage of PL shall be after delivery without prejudice to an employer’s policy allowing the employee to avail it
before or during the delivery. Provided, it shall not exceed 7 calendar days.
Conditions for entitlement.
1. He must be an employee at the time of delivery of his child.
2. He is cohabiting with his lawful wife at the time she gives birth or suffered miscarriage.
3. He has applied for PL with his employer within a reasonable period of time from the expected date of
delivery by his pregnant wife.
4. His wife has given birth or suffered miscarriage.
Non-conversion to cash.
- In the event the PL is not availed of, it shall not be convertible to cash and shall not be cumulative.

Parental Leave for Solo Parents (RA 8972)

Coverage.
It is granted to solo parent or individual who is left with the responsibility of parenthood due to:
1. Giving birth as a result of rape.
2. Death of spouse.
3. Spouse detained for 1 year.
 4. Physical and/or mental incapacity of spouse as certified by public medical practitioner.
5. Legal separation de facto for 1 year. Provided, he/she was entrusted with the custody of the children.
6. Declaration of nullity or annulment of marriage as decreed by court or church. Provided, he/she was
entrusted with the custody of the children.
7. Abandonment of spouse for at least 1 year.
8. Unmarried father/mother who preferred to keep the custody of children instead of giving up to a welfare
institution.
9. Duly licensed foster parent by DSWD or duly appointed legal guardian by court.
10. Any family member who assumed responsibility over the child by reason of death, abandonment,
disappearance or prolonged absence of the latter’s parents for a period of at least 1 year.
Entitlement.
- It shall be for 7 working days with full pay.
Note:
- Maternity leave – 60/78 days
- Paternity leave – 7 calendar days
- Parental leave for solo parent – 7 working days
Conditions for entitlement.
1) He/she has rendered at least 1 year of service, whether continuous or broken.
2) He/she has notified his/her employer that he/she will avail himself/herself of it within a reasonable period of
time
3) He/she has presented to his/her employer a Solo Parent Identification Card issued by DSWD of the city or
municipality where he/she resided.
Non-conversion to cash.
- In the event the PLSL is not availed of, it shall not be convertible to cash, unless there is agreement made
previously.

Leave for Victims of Violence against Women and Children (VAWC) (RA 9262)
Coverage and purpose.
- Private sector women employees who are victims as defined in RA 9262 for them to attend medical and
legal concerns.
Entitlement.
- It shall be for 10 days with full pay, and shall be extendible when the need arises.
Requirement for entitlement.
- Upon presentation to her employer of a certification from barangay chairman or barangay councilor or
prosecutor or clerk of court, as the case may be, that an action relative to the matter is pending.
Non-conversion to cash.
 - In the event that it is not availed of, it shall not be convertible to cash and shall not be cumulative.

Special Leave for Women (RA 9710)

Coverage.
- Any female employee who undergone surgery due to gynecological disorders as certified by a competent
physician.
- Gynecological disorders refers to disorders that would require surgical procedures such as, but not limited
to, those involving female reproductive organs.
Entitlement.
- It shall be for 2 months with full pay.
Conditions for entitlement.
1) She has rendered at least 6 months continuous aggregate employment service for the last 12 months
prior to surgery.
2) She has applied for Special Leave with her employer within a reasonable period of time from the expected
date of surgery.
3) She has undergone surgery due to gynecological disorders as certified by a competent physician.
Non-conversion to cash.
- In the event that it is not availed of, it shall not be convertible to cash and shall not be cumulative.

Magna Carta of Women (RA 9710)

Section 2. Declaration of policy
- The State affirms the role of women in nation building and ensures the substantive equality of women and
men.
- The State condemns discrimination against women in all its forms and in keeping with the Convention on
the Elimination of All Forms of Discrimination against Women (CEDAW).
Section 18. Special leave benefits for women.
- A woman employee having rendered continuous aggregate employment service of at least 6 months for
the last 12 months
- shall be entitled to special leave benefit of 2 months with full pay based on her gross monthly
compensation
- Following surgery caused by gynecological disorders.
Section 41. Penalties
Government
- Upon finding of the Commission on Human Rights (CHR) that a department, agency or instrumentality of
government, GOCCs and LGUs has violated this act
 - The sanctions under administrative law, civil service and other appropriate laws shall be recommended to
the CSC and/or DILG.
- The person directly responsible for the violation as well as the head of the agency or local chief executive
shall be held liable under this Act.
Private entity or individual
- The person directly responsible for the violation shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing other remedies available under
the law.

Senior Citizens (RA 7432 as amended by RA 9994 and RA 10645)

RA 7432 – Senior Citizen’s Act
Section 1. Declaration of policy.
It is the duty of the family to take care of its elderly members while the State may design programs of social security
for them.
Section 2. Definition of terms.
Senior Citizen
- shall mean any resident citizen of the Philippines at least sixty (60) years old
- Including those who have retired from both the government offices and private enterprises, and has an
income of not more than P60, 000 per annum.
Benefactor - shall mean any person whether related to the senior citizens or not who takes care of him/her as a
dependent.
Section 6. Retirement benefits.
- To the extent practicable and feasible, retirement benefits from both the Government and the private sectors
shall be upgraded to be at par with the current scale enjoyed by those in actual service.

Republic Act No. 9994 - Expanded Senior Citizens Act of 2010

Section 4. Privileges for the senior citizens.
The senior citizens shall be entitled to the following:
1) The grant of twenty percent (20%) discount and exemption from the value-added tax (VAT), if applicable,
on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment
or availment of senior citizens:
a. On the purchase of medicines
b. On the professional fees of attending physician/s
c. On the professional fees of licensed professional health workers providing home health care
services
 d. On medical and dental services, diagnostic and laboratory fees
e. In actual fare for land transportation travel
f. In actual transportation fare for domestic air transport services and sea shipping vessels and the
like
g. On the utilization of services in hotels and similar lodging establishments, restaurants and
recreation centers
h. On admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals,
and other similar places of culture, leisure and amusement
i. On funeral and burial services for the death of senior citizens;
2) Exemption from the payment of individual income taxes of senior citizens who are considered to be
minimum wage earners in accordance with Republic Act No. 9504
3) The grant of a minimum of (5%) discount relative to the monthly utilization of water and electricity
supplied by public utilities: Provided, That the individual meters are registered in the name of the senior
citizen residing therein
4) Exemption from training fees for socioeconomic programs
5) Free medical and dental services, diagnostic and laboratory fees in all government facilities
6) The DOH shall administer free vaccination against the influenza virus and pneumococcal disease for
indigent senior citizen patients
7) Educational assistance to senior citizens to pursue post-secondary, tertiary, post tertiary, vocational and
technical education
8) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the
(GSIS), the (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service
9) Retirement benefits of retirees from both the government and the private sector
10) To the extent possible, the government may grant special discounts on purchase of basic commodities
11) Provision of express lanes for senior citizens in all commercial and government establishments; in the
absence thereof, priority shall be given to them
12) Death benefit assistance of a minimum of (Php2,000.00) shall be given to the nearest surviving relative of
a deceased senior citizen
How to avail?
In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may
submit as proof of his/her entitlement thereto any of the following:
1. an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the
senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored
nationwide
2. the passport of the senior citizen concerned; and
3. other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60)
years of age
In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the
promotional discount or the discount provided herein, whichever is higher.
Section 5. Government assistance.
The government shall provide the following:
1. Employment
 Private entities that will employ senior citizens as employees, upon the effectivity of this Act,
shall be entitled to an additional deduction from their gross income, (15%) of the total amount
paid as salaries and wages to senior citizens, subject to the provision of NIRC: Provided,
however, that such employment shall continue for a period of at least six (6) months.
2. Education
3. Health
4. Social services
At least (50%) discount shall be granted on the consumption of electricity, water, and telephone by
the senior citizens center and residential care/group homes that are government-run or non-stock,
non-profit domestic corporation organized and operated primarily for the purpose of promoting the
well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to the
guidelines formulated by the DSWD.
5. Housing
6. Access to Public Transport
7. Incentive for Foster Care
The government shall provide incentives to individual or nongovernmental institution caring for or
establishing homes, residential communities or retirement villages solely for, senior citizens, as
follows:
i. realty tax holiday for the first (5) years starting from the first year of operation;
ii. Priority in the construction or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.
8. Additional Government Assistance
RA 10645 – An act providing for the mandatory PhilHealth coverage for all senior citizens.

Persons with Disabilities (PWD)

 RA 7277 - Magna Carta for Disabled Persons
 RA 10754 – An act expanding the benefits and privileges of persons with disability (PWD)
Persons with disability shall be entitled to:
a) At least twenty percent (20%) discount and exemption from the value-added tax (VAT), if applicable, on
the following sale of goods and services for the exclusive use and enjoyment or availment of the PWD:
1) On the fees and charges relative to the utilization of all services in hotels and similar lodging
establishments; restaurants and recreation centers
2) On admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals
and other similar places of culture, leisure and amusement
3) On the purchase of medicines in all drugstores
4) On medical and dental services including diagnostic and laboratory fees such as, x-rays
and blood tests, and professional fees of attending doctors in all government or private
hospitals and facilities
5) On fare for domestic air and sea travel
6) On actual fare for land transportation travel
 7) On funeral and burial services for the death of the PWD: Provided, that the beneficiary or
any person who shall shoulder the funeral and burial expenses of the deceased PWD shall
claim the discount upon presentation of the death certificate.
b) Educational assistance
c) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the
(GSIS), (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service
d) To the extent possible, the government may grant special discounts in special programs for PWD on
purchase of basic commodities
e) Provision of express lanes for PWD in all commercial and government establishments; in the absence
thereof, priority shall be given to them
How to avail?
The abovementioned privileges are available only to PWD who are Filipino citizens upon submission of any of the
following as proof of his/her entitlement thereto
1) An identification card issued by the city or municipal mayor or the barangay captain of the place where the
PWD resides
2) The passport of the PWD concerned
3) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of
Disabled Persons (NCWDP)
The privileges may not be claimed if the PWD claims a higher discount as may be granted by the commercial
establishment and/or under other existing laws or in combination with other discount program/s.

RA 11036 – Mental Health Act

Service users – refers to a person with lived experience of any mental health condition including persons who require
or are undergoing psychiatric, neurologic or psychological care.
Rights of service users.
xxx
Confidentiality of all information, communications and records regarding the service user
- any aspect of service user’s mental health, or
- any treatment or care received by the service user
which information, communications and records shall not be disclosed to third parties without written consent of the
service user concerned or the service user’s legal representative
Except in the following circumstances:
1) Disclosure is required by law or pursuant to an order by a court of competent jurisdiction
2) The service user has expressed consent to the disclosure
 3) A life-threatening emergency exists and such disclosure is necessary to prevent harm or injury to the
service user or to other persons
4) The service user is a minor and attending mental health professional reasonably believes that the service
user is a victim of child abuse
5) Disclosure is required in connection with an administrative, civil or criminal case against a mental health
professional or worker for negligence or a breach of professional ethics, to the extent necessary to
completely adjudicate, settle or resolve any issue or controversy involved therein
xxx

RA 10911 – Anti-age discrimination in employment act

Section 5. Prohibition of discrimination in employment on account of age.
a) It shall be unlawful for an employer to:
1) Print or publish in any form of media, including the internet, any notice of advertisement
relating to employment suggesting preferences, limitations, specifications and discrimination
based on age
2) Require the declaration of age or birth date during application process
3) Decline any employment application because of the individual age
4) Discriminate against an individual in terms of compensation, terms and conditions or
privileges of employment on account of such individual’s age
5) Deny any employee’s or worker’s promotion or opportunity for training because of age
6) Forcibly lay off an employee or worker because of old age
7) Impose early retirement on the basis of such employee’s age
b) It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or
otherwise discriminate against any individual because of such person’s age
c) It shall be unlawful for a labor organization to:
1) Deny membership to any individual because of such individual’s age
2) Exclude from its membership any individual because of such individual’s age
3) Cause or attempt to cause an employer to discriminate against an individual in violation of this
Act
d) It shall be unlawful for publisher to print or publish in any form of media, including the internet, any notice of
advertisement relating to employment suggesting preferences, limitations, specifications and discrimination
based on age
Section 6. Exceptions.
It shall not be unlawful for an employer to set age limitations in employment if:
 a) Age is a bona fide occupational qualification reasonably necessary
b) The intent is to observe the terms of bona fide seniority system
c) The intent is to observe the terms of bona fide employee retirement or a voluntary early retirement plan
d) The action is duly certified by the Secretary of Labor and Employment

Guidelines for Employers Who Engage Workers Who by the Nature of their Work Have to Stand at Work (DOLE DO
178-17)
Purpose - This Order shall address the occupational health and safety issues and concerns related to the
wearing of high heeled female shoes and/or standing at work for long periods or frequent working, such as strain on
the lower limbs, aching muscles, hazardous pressure on hip, knee and ankle joints and sore feet.
Occupational safety and health measures for workers who have to stand.
1) Implement rest periods to break or cut the time spent on standing or walking
2) Install appropriate flooring or mats that will mitigate the impact of frequent walking and prevent fatigue,
such as wood or rubber floorings
3) Provide tables or work surfaces with adjustable heights to allow workers to alternately sit and stand while
performing their tasks.
4) Provide readily accessible seats to be used during rest periods or even during working hours, provided
that the employees can perform their duties in this position without detriment to efficiency.
5) Implement the use of footwear which is practical and comfortable.

Anti-Sexual Harassment Act of 1995 (RA 7877)

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined.
- Work, education or training-related sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who,
having authority, influence or moral ascendancy over another in a work or training or education environment
- Demands, requests or otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
1) The sexual favor is made as a condition in
i. the hiring or in the employment, re-employment or continued employment of said individual, or
ii. in granting said individual favorable compensation, terms of conditions, promotions, or privileges;
or
 iii. the refusal to grant the sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;
2) The above acts would impair the employee's rights or privileges under existing labor laws; or
3) The above acts would result in an intimidating, hostile, or offensive environment for the employee
(b) In an education or training environment, sexual harassment is committed:
1) Against one who is under the care, custody or supervision of the offender
2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender
3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration
4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee
or apprentice
Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the
commission thereof shall also be held liable under this Act.

Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
It shall be the duty of the employer or the head of the work-related, educational or training environment or institution,
to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution,
settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
1) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or
students or trainees, through their duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
2) Create a committee on decorum and investigation of cases on sexual harassment.
- In the case of a work-related environment, the committee shall be composed of at least (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.
- In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.
Section 5. Liability of the Employer, Head of Office, Educational or Training Institution.
The employer or head of office, educational or training institution shall be solidarily liable for damages arising from
the acts of sexual harassment committed in the employment, education or training environment if the employer or
head of office, educational or training institution is informed of such acts by the offended party and no immediate
action is taken.
Section 6. Independent Action for Damages.
Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.
Section 7. Penalties.
Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less
than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more
than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Discrimination re: TUBERCULOSIS (DOLE DEPARTMENT ORDER NO. 73-05,

SERIES OF 2005)
- Guideline for the implementation of policy and program on TB prevention and control in the workplace
Coverage.
- These guidelines shall be applicable in all establishments, workplaces and worksites in private sector.
Formulation of workplace policy and program on TB prevention and control.
1. It shall be mandatory for all private establishments to formulate and implement a TB prevention and control
policy and program.
2. The said policy and program shall be made an integral part of enterprise’s occupational safety and health
programs. A workplace health and safety committee shall be responsible for overseeing the implementation
of the workplace TB policy and program.
3. Management and labor representatives shall jointly develop the TB workplace policy and program aligned
with EO 187 and the CUP.
4. The said policy and program, as much as possible, be included as part of Collective Bargaining Agreements
(CBA).
Components of TB workplace prevention and control policy and program.
1. Prevention
a. TB awareness program shall be undertaken through information dissemination
b. Workers must be given proper information on ways of strengthening their immune responses
against TB infection
c. Improve workplace condition by
i. Ensuring that contamination from TB airborne particles is controlled, workplaces must
provide adequate and appropriate ventilation.
ii. The number of workers in a work area shall not exceed the required number of workers
specified for that area.
2. Treatment – The establishments shall adopt the Directly Observed Treatment Short Course (DOTS) in the
management of the workers with TB and their dependents.
3. Rehabilitation
 4. Compensation
5. Restoration to work
a. The companies shall report all diagnosed cases of TB to the DOLE using appropriate form in
compliance with DOLE requirements.
b. SSS shall report members who applied for disability benefit for TB to the Philippine Coalition
Against Tuberculosis (PhilCAT).
6. Social policies
a. Non-discrimination – Workers who have or had TB shall not be discriminated. Instead, he shall
be supported with adequate diagnosis and treatment, and shall be entitled to work for as long as
they are certified by the company’s accredited health provider as medically fit and shall be restored
to work as soon as their illness is controlled.
b. Work accommodation – Through agreements, workers with TB is encouraged through flexible
leave arrangements, rescheduling of working times, and arrangements for return to work.
c. Restoration to work – The worker may be allowed to return to work with reasonable working
arrangements as determined by the company health care provider and/or DOTS provider.
Roles and responsibilities of workers with TB or at risk for TB.
1. Workers who have symptoms of TB shall seek immediate assistance from their health service provider.
Similarly those at risk, i.e., those with family members with TB, shall do the same.
2. Once diagnosed, they shall avail of the DOTS and adhere to the prescribed course of treatment.
Roles and responsibilities of employers.
1. Any contact in the workplace shall be traced and the contacts shall be clinically assessed.
2. Extend the TB policy and programs to their worker’s families and respective communities.

HEPATITIS B (DEPARTMENT ADVISORY NO. 5, SERIES OF 2010)

Hepatitis B is not spread through usual workplace activities but transmitted through blood and body fluids.
Coverage.
- These guidelines shall be applicable in all establishments, workplaces and worksites in private sector
including their supply chain.
Formulation of Hepatitis B workplace policy and program.
- It shall be mandatory for all private establishments to formulate and implement a Hepatitis B workplace
policy and program.
- The Hepatitis B workplace policy and program may be a separate policy and program or integrated into
existing occupational safety and health policy and program of the establishment.
- It may be included as provisions of the Collective Bargaining Agreement (CBA).

Components of Hepatitis B workplace policy and program.

1. Advocacy, Information, Education and Training
a. All workers shall be provided with basic information and education on Hepatitis B.
2. Preventive strategies
 a. All establishments are encouraged to provide Hepatitis B immunization for all its workers.
b. Implement measures to improve working conditions, such as adequate hygiene facilities.
3. Social policy
a. Non-discrimination
i. Workers who have or had Hepatitis B shall not be discriminated.
ii. Workers who have or had Hepatitis B shall not be declared unfit to work without
appropriate medical evaluation and counseling.
iii. Workers shall not be terminated on the basis of actual, perceived or suspected Hepatitis B
status.
iv. Workplace management of sick employees shall not differ from that any other illness.
b. Confidentiality
i. Job applicants and workers shall not be compelled to disclose their Hepatitis B status and
other related medical information.
ii. Co-workers shall not be obliged to reveal any personal information about fellow workers.
iii. Access to personal data relating to a worker’s Hepatitis B status shall be bound by the
rules of confidentiality and shall be strictly limited to medical personnel or if legally
required.
c. Work accommodation – Through agreements, workers with Hepatitis B are encouraged through
flexible leave arrangements, rescheduling of working times, and arrangements for return to work.
Benefits and compensation.
A worker who contracts Hepatitis B infection in the performance of his/her duty is entitled to sickness benefits under
the Social Security System (SSS) and Employees Compensation benefits under PD 626.

HIV & AIDS (DOLE DEPARTMENT ORDER NO. 102-1-, SERIES OF 2010 &
RA 8504)
DOLE DEPARTMENT ORDER NO. 102-1-, SERIES OF 2010
Coverage.
- These guidelines shall be applicable in all establishments, workplaces and worksites in private sector.
Formulation of Hepatitis B workplace policy and program.
- It shall be mandatory for all private establishments to formulate and implement a HIV and AIDS workplace
policy and program.
- The HIV and AIDS workplace policy and program may be a separate policy and program or integrated into
existing occupational safety and health policy and program of the establishment.
- It may be included as provisions of the Collective Bargaining Agreement (CBA).
Components of Hepatitis B workplace policy and program.
1. Advocacy, Information, Education and Training
a. All workers shall be provided with basic information and education on Hepatitis B.
2. Social policy
a. Non-discrimination
 i. Workers who have or had Hepatitis B shall not be discriminated against from pre to post-
employment, including hiring, promotion or assignment.
ii. Workers shall not be terminated on the basis of actual, perceived or suspected Hepatitis B
status.
b. Confidentiality
i. Job applicants and workers shall not be compelled to disclose their HIV related personal
information.
ii. Co-workers shall not be obliged to reveal any personal information about fellow workers.
iii. Access to personal data relating to a worker’s HIV status shall be bound by the rules of
confidentiality.
c. Work accommodation – Through agreements, workers with HIV and AIDS are encouraged
through flexible leave arrangements, rescheduling of working times, and arrangements for return to
work.