In the Philippines, employees are entitled to the following leaves: (1) service incentive leave; (2) maternity leave; (3) paternity leave; (4) parental leave for solo parents, (5) special leave benefit for women; (6) leave under the Violence Against Women Act; and (7) other leaves granted by the employer.
Service Incentive Leave
Service Incentive Leave (“SIL”) is mandated by Article 95(a) of the Labor Code for all employees who have rendered at least one year of service. SIL is equivalent to five days off with pay. It does not, however apply to certain kinds of employees, such as those in the government service, domestic helpers, managerial employees, field personnel, employees in establishments with less than 10 employees and employees that have at least five days of vacation leave with pay.
The SIL shall be commutable to its money equivalent if not used or exhausted at the end of the year.
Maternity Leave
Under Sec. 14-A of Republic Act No. (“R.A.”) 1161 (Social Security Law), as amended by R.A. No. 7322, R.A. No. 8282 and R.A. No. 11210, every pregnant woman in the private sector, married or unmarried, is entitled to maternity leave benefits. The law provides for daily maternity benefit equivalent to the average daily salary credit for 105 days, regardless of whether the woman gave birth by normal delivery or caesarean delivery. For miscarriages or emergency termination of pregnancy, the woman is given a 60-day leave. For solo parents, an additional 15 days maternity leave shall be granted. At the option of the woman, she can allocate up to seven days of leave to her child’s father.
The law requires that the employee has contributed at least three monthly contributions to the Social Security System for the 12-month period immediately preceding the semester of her childbirth or miscarriage. She must also have properly notified her employer of her pregnancy and probable date of childbirth. The leave can be availed by female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.
Paternity Leave
Under the Paternity Leave Act, the seven-day paternity leave is granted to married men, employed in both the private and public sector, regardless of their employee status. The benefit can only be used if the husband is cohabiting with the spouse at the time of the delivery and the leave can only be availed by the husband after the delivery or miscarriage. In the event that this leave is not availed, it is not commutable to cash.
Parental Leave for Solo Parents
The Solo Parent’s Welfare Act provides for leave benefits for solo parents as defined in the law. This includes any solo parent or individual who is left with the responsibility of parenthood due to various factors such as death of spouse, declaration of nullity of marriage or annulment of marriage, physical or mental incapacity of spouse, or abandonment of spouse for at least one year, among others.
The seven-day solo parent leave can only be availed of by solo parent employees that have rendered at least one year of service, have notified their employer of intent to avail of leave within a reasonable time, and have presented to his or her employer their Solo Parent Identification Card.
The law also mandates employers to provide flexible working schedules and to not discriminate against the employees on the basis of their status as solo parents.
Special Leave Benefit for Women
As provided under the Magna Carta of Women and the regulations of the Department of Labor, the Special Leave Benefit for Women is a leave benefit for women that have been diagnosed with gynecological disorders and have undergone surgical procedures, such as dilatation and cutterage, hysterectomy, ovariectomy, mastectomy and other procedures involving the female reproductive system, as certified by a competent physician. The woman shall be entitled to a leave of two months with full pay based on her gross monthly compensation following the surgical procedure.
To avail this benefit, the employee must have rendered at least six months continuous aggregate employment service for 12 months prior to surgery.
The special leave benefit is non-cumulative and not convertible to cash, unless otherwise provided by agreement with the employer.
Violence Against Women Leave (VAWC leave)
Under the Violence Against Women and Children (“VAWC”) Act (R.A. No. 9262), at any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case by a VAWC victim, she may apply for the VAWC leave, which is paid leave of up to 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.
The only requirement is a certification from the Punong Barangay, prosecutor, or clerk of court that there is a pending action under this law. The leave can be used by the woman to attend to her medical and legal concerns. This leave is non-cumulative and not convertible to cash. Employers that fail to comply will be charged under R.A. No. 9262 for discrimination and violation.
Additional Leaves Granted by the Employer
Employers in the Philippines are free to stipulate other types of leaves for their employees such as sickness leaves, birthday leave and emergency leaves. For the leaves mandated by the employer, company policy and regulations will govern on matters such as in the application, qualification and duration of the said leaves.
Prepared: January 2019