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SPECIAL LEAVES MANDATED BY LAW

1. LEAVES FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND THEIR


CHILDREN (RA 9262)
Women victims of violence provided under R.A. 9262 of the Anti-Violence against Women and
their Children Act are entitled to a paid leave of absence from work up to 10 days.1
Sec. 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection
order.
Any employer who shall prejudice the right of the person under this Sec. shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.2

2. PARENTAL LEAVES FOR SOLO PARENT (RA 8972)


Persons who fall under the definition of solo parents and who have rendered service of at least
one year are entitled to 7 working days of leave to attend to their parental duties.
Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as
follows:

(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to
perform parental duties and responsibilities where physical presence is required.

1 Leaves Under Law available at http://pinoyworkers.weebly.com/leaves.html (last accessed May 22,


2015).
2 An Act Defining Violence Against women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes [Anti-Violence Against Women and Their Children Act of
2004], Republic Act 9262, 43 (2004).

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of
not more than seven (7) working days every year shall be granted to any solo parent employee
who has rendered service of at least one (1) year.3
3. PATERNITY LEAVES (RA 8187)
Paternity Leave is granted to all married male employees in the private sector, regardless of their
employment status (e.g., probationary, regular, contractual, project basis). The purpose of this
benefit is to allow the husband to lend support to his wife during her period of recovery and/or in
nursing her newborn child.
SECTION 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to the
benefits granted to a married male employee allowing him not to report for work for seven (7)
days but continues to earn the compensation therefor, on the condition that his spouse has
delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly-born child.4
Other Leaves:

SERVICE INCENTIVE LEAVE (Article 95 of the Labor Code)- Every employee who
has rendered at least one (1) year of service is entitled to Service Incentive Leave (SIL) of

five (5) days with pay.5


MATERNITY LEAVE (RA 1161, as amended by RA 8282 SSS Law) - This benefit
applies to all female employees, whether married or unmarried. To be entitled to the

3 An Act Providing for Benefits and Privileges to Solo Parents and Their Children, Appropriating Funds
Therefore and for Other Purposes [The Solo Parents Act of 2000], Republic Act 8972, 3 & 8 (2000).
4 An Act Granting Paternity Leave of Seven (7) Days with Full Pay to All Married Male
Employees in the Private and Public Sectors for the First Four (4) Deliveries of the
Legitimate Spouse With Whom HE is Cohabiting and For Other Purposes [Paternity
Leave Act of 1996], 3 (1996).
5 Department of Labor and Employment, Handbook on Workers Statutory Monetary
Benefits 24, (2014 ed.).

maternity leave benefit, a female employee should be an SSS member employed at the

time of her delivery or miscarriage6


SPECIAL LEAVE FOR WOMEN (RA 9710 Magna Carta for Women) - Any female
employee regardless of age and civil status shall be entitled to a special leave benefit
under such terms and conditions provided herein.7

6 Id at 26.
7 Id at 34.

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