Authorizing the Grant of COVID-19 Special Risk Allowance to Private and Public Health Workers Directly Catering to or in Contact with COVID-19 Patients during the State of National Emergency

November 16, 2020

ADMINISTRATIVE ORDER NO. 36

AUTHORIZING THE GRANT OF COVID-19 SPECIAL RISK ALLOWANCE TO PRIVATE AND PUBLIC HEALTH WORKERS DIRECTLY CATERING TO OR IN CONTACT WITH COVID-19 PATIENTS DURING THE STATE OF NATIONAL EMERGENCY

WHEREAS, Proclamation No. 922 (s. 2020) declared a State of Public Health Emergency in recognition of the COVID-19 public health event as a threat to national security, and prompted a whole-of-government approach in addressing the COVID-19 outbreak in the country;

WHEREAS, pursuant to Republic Act (RA) No. 11469 or the "Bayanihan to Heal as One Act," Administrative Order No. 28 (s. 2020) authorized the grant of a one-time Special Risk Allowance to public health workers in light of the COVID-19 pandemic;

WHEREAS, RA No. 11494 or the "Bayanihan to Recover as One Act," affirmed the existence of a continuing national emergency in view of the unabated spread of COVID-19 and the economic disruption ensuing from it;

WHEREAS, Section 4 (h) of RA No. 11494 authorized the national government to grant Special Risk Allowance (SRA) to all public and private health workers (HWs) directly catering to or in contact with COVID-19 patients for every month that they are serving during the state of national emergency as declared by the President; and

WHEREAS, there is a need to recognize the heroic and invaluable contributions of our public health workers throughout the country, who bravely and unselfishly risk their lives and health by being at the forefront of the national effort to address the public health emergency;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Grant of COVID-19 SRA. — National government agencies, government-owned or -controlled corporations and local government units (LGUs) are hereby authorized to grant COVID-19 SRA not exceeding P5,000 per month to public and private HWs who directly cater to or are in contact with COVID-19 patients. The COVID-19 SRA shall be in addition to any Hazard Pay, Hazardous Duty Pay, Hazard Allowance or other similar benefits under existing laws, issuances, rules and regulations, and shall be exempt from income tax.

For purposes of this Order, "public and private HWs" shall refer to medical, allied medical and other personnel who directly provide treatment and support care to COVID-19 patients.

SECTION 2. Conditions on the Grant of the COVID-19 SRA. — The following conditions shall be observed in the grant of the COVID-19 SRA to HWs:

a. The public HWs are either: (i) civilian employees occupying regular, contractual or casual positions, whether full or part-time; or (ii) workers engaged through contract of service (COS) or job order (JO), including duly accredited and registered Barangay Health Workers (BHWs), who are assigned to hospitals, laboratories, or medical and quarantine facilities. In the case of LGUs, the list of public HWs, including BHWs, shall be determined by their respective local health boards;

b. The private HWs are assigned in the designated COVID-19 units of hospitals, laboratories, or medical and quarantine facilities as certified by the DOH;

c. The public and private HWs provide critical and urgent services to respond to the public health emergency during the state of national emergency;

d. The public and private HWs physically report for work at their assigned work stations on the prescribed official working hours, as authorized by the head of agency/office during the state of national emergency, which place them in direct contact with COVID-19 patients;

e. The grant of the COVID-19 SRA shall be pro-rated based on the number of days that the public and private HWs physically report for work in a month, as certified by the head of the hospital, laboratory, or medical and quarantine facility, or his/her authorized representative, reckoned from 15 September 2020 until 19 December 2020, as follows:

 

COVID-19 SRA	=	P5,000	x	number of days physically
–––––––
22 days

 

f. All claims for the payment of SRA to public and private HWs shall be validated by the Department of Health (DOH) and the Department of Budget and Management (DBM), respectively.

SECTION 3. Exclusion from the Grant of the COVID-19 SRA to Public HWs. — Those engaged without employer-employee relationship and funded from non-Personnel Services appropriations/budgets are excluded, except as authorized under Section 2 of this Order, from the grant of the SRA, such as the following:

a. Consultants and experts engaged for a limited period to perform specific activities or services with expected outputs;

b. Laborers engaged through job contracts (pakyaw) and those paid on piecework basis;

c. Student workers and apprentices; and

d. Individuals and group of individuals whose services are engaged through COS or JO, including BHWs, who are not assigned to hospitals, laboratories, or medical and quarantine facilities.

SECTION 4. Funding. — The amounts required for the implementation of this Order shall be sourced from the P13.5 Billion appropriated under Section 10 (a) of RA No. 11494 for health-related responses to COVID-19. The DBM shall release the funds for the payment of the SRA, consistent with existing budgeting, accounting and auditing laws, rules and regulations.

SECTION 5. Guidelines on the Grant of the COVID-19 SRA. — The DBM, in coordination with the DOH, shall issue the guidelines necessary for the effective implementation of this Order.

SECTION 6. Separability. — If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 7. Repeal. — All issuances, orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

SECTION 8. Effectivity. — This Order shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 16th day of November, in the year of Our Lord, Two Thousand and Twenty.

Published in the Official Gazette, Vol. 116, No. 48, p. 7824 on November 30, 2020.