Entitlement of kasambahay to medical assistance

Dear PAO,
My neighbor's mother works as a kasambahay in Manila. Unfortunately, her mother got sick. There is not much that my neighbor can do as we are living here in Mindanao, and she also has a very meager source of income. It seems that her mother's employer is not giving her any medications. So, we are wondering, are kasambahay not entitled to medical assistance?
Whitney

Dear Whitney,
Republic Act (RA) 10361, otherwise known as the "Domestic Workers Act" or "Batas Kasambahay," grants rights and privileges to kasambahay (house helpers), one of which is the provision of appropriate rest and assistance to them in case of illnesses and injuries that are sustained while they are rendering service to their respective employers. Section 6 of the law states:

"Section 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
"The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
"At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker." (Emphasis supplied)
It can be gleaned under Section 13, Rule IV of the Implementing Rules and Regulations of RA 10361 that employers of kasambahay are mandated to provide the basic necessities, which include first-aid medicines in case of the latter's illnesses and injuries:
"Section 13. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the Kasambahay, to include the following: x x x
"(c) Appropriate rest and medical assistance in the form of first-aid medicines, in case of illnesses and injuries sustained during service without loss of benefits.
Applying the foregoing, your neighbor's mother may demand from her employer to provide her with the necessary first-aid medication that is suitable to the present condition of her illness. Should the employer refuse to provide the same, she may opt to file a complaint before the Department of Labor and Employment (DoLE) Field/Provincial/Regional Office, which has jurisdiction over the kasambahay's workplace. The parties will undergo mandatory conciliation under the DoLE Single Entry Approach (SEnA). (Section 37, RA 10361) Should settlement fail, a proper investigation will ensue, and the employer may be penalized if it is clearly established that he/she indeed failed to provide with what is incumbent.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.