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C. Leaves

1. Labor Code

a. Service incentive leave

1) Coverage

This rule shall apply to all employees except:

1) Those of the government and any of its political subdivisions, including government-owned and controlled corporations;

2) Domestic helpers and persons in the personal service of another;

3) Managerial employees as defined in Book Three of this Code;

4) Field personnel and other employees whose performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof;

5) Those who are already enjoying the benefit herein provided;

6) Those enjoying vacation leave with pay of at least five days; and

7) Those employed in establishments regularly employing less than ten employees. (Section 1, Rule V, Book III, Omnibus Rules Implementing the Labor Code)

2) The benefit

Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. (Article 95[a], Labor Code)

This benefit shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment. (Paragraph 2, Article 95 [b], Ibid.)

3) At least 1 year of service

Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. (Section 2, Rule V, Book III, Omnibus Rules Implementing the Labor Code)

The term “at least one-year service” shall mean service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year. (Section 3, Rule V, Book III, Ibid.)

4) Treatment of benefit

The service incentive leave shall be commutable to its money equivalent if not used or exhausted at the end of the year. (Section 5, Rule V, Book III, Ibid.)

2. Special laws

a. Parental leave for solo parents

1) Concept

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. (Section 3 [d], R.A. 8972, Solo Parents’ Welfare Act of 2000)

2) Coverage

The solo parental leave benefits cover employees who are solo parents as defined under the law.

3) The benefit

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. (Section 8, Ibid.)

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. (Section 6[g], Implementing Rules and Regulations of R.A. 8972)

A change in the status or circumstance of the parent claiming the benefits, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. (Paragraph 2, Section 3, R.A. 8972)

4) Conditions for entitlement

To be entitled, these conditions have to be met:

1) At least one (1) year of service, whether continuous or broken;

2) Notice to the employer on availing the benefit, within a reasonable period of time; and

3) Presentation to the employer of a Solo Parent Identification Card, either from the DSWD office of the city or municipality where he/she resides. (Section 19, Article V, Implementing Rules and Regulations of R.A. 8972)

The Solo Parent Identification Card is necessary for the availment of benefits. Such Identification Card shall be valid for only one (1) year, but may be renewed subject to a new assessment and evaluation. (Section 8[g], Article IV, Ibid.)

5) Non-convertible to cash

The benefit is non-convertible to cash. (Handbook Workers’ Statutory Monetary Benefits, DOLE-BWC, 2020 edition)

In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. However, if said leave were denied an employee as a result of non-compliance with the provisions of these Rules by an employer, the aforementioned leave may be used as a basis for the computation of damages. (Section 20, Article V, Implementing Rules and Regulations of R.A. 8972)

6) Crediting of existing leave

If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail. (Section 21, Article V, Ibid.)

NB: Additional discussions may be found under Part VII – Social Legislation > E. Solo Parents

b. Expanded maternity leave

1) Concept

All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted maternity leave, as detailed herein. (Section 3, R.A. 11210, the 105-Day Expanded Maternity Leave Law)

2) Coverage

The benefit covers pregnant women employees. (Ibid.)

All female workers in the government and female members of the SSS, regardless of their civil status, shall be granted maternity leave, with full pay, upon compliance with the preceding section. (Section 7, Ibid.)

3) The benefit

a) Regardless of frequency

Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency. (Paragraph 3, Section 3, Ibid.)

b) Duration

(1) 105-day maternity leave

(2) 30-day extension option

(3) 15-day extension for Solo Parents

The benefit provides one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay: Provided, That in case the worker qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, the worker shall be granted an additional fifteen (15) days maternity leave with full pay. (Section 3, R.A. 11210, the 105-Day Expanded Maternity Leave Law)

Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding one hundred five (105) days, as the case may be. (Paragraph 2, Section 3, Ibid.)

Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted. (Paragraph 3, Section 3, Ibid.)

c) After termination of an employee’s service

Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service, as her right thereto has already accrued: Provided, That such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated. (Section 8, Ibid.)

4) Conditions for entitlement

a) Public Sector

Any pregnant female worker in the government service, regardless of employment status, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted a maternity leave of one hundred five (105) days with full pay regardless if the delivery was normal or caesarian: Provided, That, in case the employee qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, the employee shall be paid an additional maternity benefit of fifteen (15) days. An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, further, That, the head of the agency shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, finally, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency. (Section 4, Ibid.)

Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or emergency termination of pregnancy. (Paragraph 2, Section 4, Ibid.)

b) Private Sector

Any pregnant female worker in the private sector shall be granted a maternity leave of one hundred five (105) days with full pay, regardless of whether she gave birth via caesarian section or natural delivery, while maternity leave of sixty (60) days with full pay shall be granted for miscarriage or emergency termination of pregnancy. (Section 5, Ibid.)

(1) Conditions for entitlement

A female Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit which shall be computed based on her average monthly salary credit for one hundred five (105) days, regardless of whether she gave birth via caesarian section or natural delivery, subject to the following conditions:

(1) That the female worker shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;

(2) That the full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;

(3) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits have been received;

(4) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the female worker by the employer upon receipt of satisfactory and legal proof of such payment; and

(5) That if a female worker should give birth or suffer a miscarriage or emergency termination of pregnancy without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to. (Section 5[a], Ibid.)

In case the employee qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, the employee shall be paid an additional maternity benefit of fifteen (15) days. (Paragraph 2, Section 5[a], Ibid.)

(2) Additional 30-day maternity leave

An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, That the employer shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency. (Section 5[b], Ibid.)

5) Computation

a) Maternity leave credits

The maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed one hundred five (105) days and provided that compulsory postnatal leave shall not be less than sixty (60) days. (Section 9, Ibid.)

b) Salary differential

Workers availing of the maternity leave period and benefits must receive their full pay. Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the SSS by the covered female workers and their average weekly or regular wages, for the entire duration of the maternity leave, with the following exceptions, subject to the guidelines to be issued by the Department of Labor and Employment (DOLE):

1) Those operating distressed establishments;

2) Those retail/service establishments and other enterprises employing not more than ten (10) workers;

3) Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities including agro-processing, trading, and services, whose total assets are not more than Three million pesos (₱3,000,000.00); and

4) Those who are already providing similar or more than the benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a justification by the employer claiming exemption for the approval of the DOLE. (Section 5[c], Ibid.)

6) Usage / Application

a) Allocation of Maternity Leave Credits

Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the “Paternity Leave Act of 1996”: Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above. (Section 6, Ibid.)

7) Miscellaneous

a) Informal economy and voluntary contributors of SSS

Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy. (Section 10, Ibid.)

Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three (3) monthly contributions in the .twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy. (Paragraph 2, Section 10, Ibid.)

b) Non-SSS Members

Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the “Social Health Insurance Coverage and Benefits for Women About to Give Birth”. (Section 11, Ibid.)

c) Pending administrative case

The maternity leave benefits granted under this Act shall be enjoyed by a female worker in the government service and in the private sector even if she has a pending administrative case. (Section 12, Ibid.)

d) National athletes

In the event a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises that participation is not medically safe or should be limited. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months after, unless she can resume sooner as advised by her physician, in which case, she will be entitled to the allowance and benefits she had prior to pregnancy: Provided, That a female national athlete employed in the public sector shall not receive double compensation or benefits. (Section 13, Ibid.)

c. Paternity leave

1) Concept

Every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. (Section 2, R.A. 8187, Paternity Leave Act of 1996)

Delivery includes childbirth or any miscarriage. (Paragraph 2, Section 2, Ibid.)

2) Coverage

The benefit covers married male employees. (Ibid.)

3) The benefit

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. (Section 3, Ibid.)

The paternity leave shall be for seven (7) calendar days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage. (Handbook Workers’ Statutory Monetary Benefits, DOLE-BWC, 2020 edition)

4) Conditions for entitlement

To be entitled, these conditions have to be met:

1) He is an employee at the time of the delivery of his child;

2) He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;

3) He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and

4) His wife has given birth or suffered a miscarriage. (Ibid.)

If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit. (Ibid.)

5) Usage / Application

The married male employee shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement. (Ibid.)

In case of a miscarriage, prior application for paternity leave shall not be required. (Ibid.)

Usage of the paternity leave shall be after the delivery, without prejudice to an employer’s policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) calendar days for each covered delivery. (Ibid.)

6) Non-convertible to cash

The benefit is non-convertible to cash. (Ibid.)

7) Non-cumulative

The benefit is non-cumulative. (Section 3, Ibid.)

d. Gynecological leave

1) Concept

A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. (Section 18, R.A. 9710, The Magna Carta of Women)

“Gynecological disorders” refers to disorders that would require surgical procedures such as, but not limited to dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician. It shall also include hysterectomy, ovariectomy and mastectomy. (Handbook Workers’ Statutory Monetary Benefits, DOLE-BWC, 2020 edition)

NB: Gynecological leave is also known as special leave for women.

2) Coverage

The benefit covers women employees who underwent surgery caused by gynecological disorder. (Section 18, R.A. 9710)

3) The benefit

The covered women employees are entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. (Ibid.)

Gross monthly compensation refers to the monthly basic pay plus mandatory allowances fixed by the regional wage boards. (Handbook Workers’ Statutory Monetary Benefits, DOLE-BWC, 2020 edition)

4) Conditions for entitlement

To be entitled, these conditions have to be met:

1) She has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery;

2) She has filed an application for special leave with her employer within a reasonable period of time from the expected date of surgery or within such period as may be provided by company rules and regulations or collective bargaining agreement; and

3) She has undergone surgery due to gynecological disorders as certified by a competent physician. (Ibid.)

5) Non-convertible to cash

The benefit is non-convertible to cash. (Ibid.)

6) Non-cumulative

The benefit is non-cumulative. (Ibid.)

e. Battered woman leave

1) Concept

“Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. (Section 3[a], R.A. 9262, Anti-Violence Against Women and Their Children Act of 2004)

NB: Battered woman leave is also known as VAWC leave.

2) Coverage

The benefit covers women employees who are victims as defined under R.A. 9262 (“covered women employees”).

3) The benefit

Covered women employees 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. (Section 43, Ibid.)

In addition to other paid leaves under existing labor laws, company policies, and/or collective bargaining agreements, the qualified victim-employee shall be entitled to a leave of up to ten (10) days with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any. (Handbook Workers’ Statutory Monetary Benefits, DOLE-BWC, 2020 edition)

The said leave shall be extended when the need arises, as specified in the protection order issued by the barangay or the court. (Ibid.)

4) Conditions for entitlement

To be entitled to the leave benefit, the only requirement is for the victim-employee to present to her employer a certification from the barangay chairman (Punong Barangay) or barangay councilor (barangay kagawad) or prosecutor or the Clerk of Court, as the case may be, that an action relative to the matter is pending. (Ibid.)

5) Usage / Application

The usage of the ten-day leave shall be at the option of the woman employee. In the event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be cumulative. (Ibid.)

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