Dear PAO,

My nephew wants to become a caregiver, and I am willing to support him financially for his training, as his parents are minimum wage earners. But, I would like to know what the duties of caregivers are under the law. There seems to be a common misconception in our province that caregivers are similar to domestic helpers. I want to ensure my nephew is treated appropriately once he becomes a certified caregiver. If he becomes a caregiver, he should only be given duties required of a caregiver, not of a helper or kasambahay. Please advise.

Janice

Dear Janice,

Republic Act (RA) 11965, otherwise known as the Caregivers’ Welfare Act, was approved and signed into law on Nov. 23, 2023. This law is significant as it ensures the protection of the rights and welfare of all caregivers employed and working in the Philippines.

The law clearly defines the scope of the responsibilities and duties of caregivers, dispelling the misconception that caregivers and domestic helpers are alike. While domestic helpers or kasambahays primarily perform domestic work within households, such as household chores and the like, caregivers are tasked with health-related responsibilities and personal care, support, and assistance for their clients. To be certain, Section 7 of RA 11965 provides:

“Section 7. Duties of the Caregivers. – The caregiver may provide personal care, support, and assistance to clients in private homes, nursing or care facilities, and other residential settings, including, but not limited to, the following services:

“(a) Help clients with their daily activities and mobility restrictions;

“(b) Provide some basic health-related services, such as checking the client’s vital signs, including pulse rate, temperature, respiration rate, blood pressure, and oxygen saturation;

“(c) Assist clients with simple and safe exercises taught by a duly licensed rehabilitation science specialist;

“(d) Assist in the administration of home medications as prescribed by the physician;

“(e) Advise clients and their families on cleanliness and household tasks;

“(f) Accompany clients to appointments with doctors or on other errands related to health care, support, and assistance;

“(g) Assist in housekeeping tasks related to health care, support, and assistance within the client’s room;

“(h) Assist in the preparation of the clients’ food in accordance with health-related needs and

“(i) Other tasks directly related to the health care, support, and assistance of the clients.”

It is also worth mentioning that caregivers are bound not to disclose any information or communication obtained by them through their employment, owing to the confidential nature thereof, save in instances allowed by law. Section 17 of RA 11965 expressly states:

“Section 17. Privileged Information. – All information and communication pertaining to the client, employer or members of the household shall be treated as privileged and confidential and shall not be publicly disclosed by the caregiver at any time during and after employment without the consent of the said client, employer, or members of the household, except in a civil case for damages or a criminal for an offense committed against the caregiver.”

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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]