SIL PARENTAL LEAVE BATTERED WOMAN LEAVE 105-DAY EXPANDED MATERNITY LEAVE LAW PATERNITY LEAVE GYNECOLOGICAL LEAVE

LEAVES [Art. 95, Labor Code] [Solo Parent's Welfare Act of 2000, RA 8972] [AVAWC Act of 2004, RA 9262] [RA 11210] [RA 8187] [RA 9710, DOLE D.O. No. 112-11]
COVERAGE GR ALL EMPLOYEES Any individual left alone with parenthood responsibility due to: Victims of any of the acts covered by VAWC, such as: Every female worker, working in government or private All married male employees in the private and public All female employees, regardless of age and civil status,
a. Giving birth as a result of rape and other crimes against 1. Physical violence sector, including those in the informal, regardless of civil sectors. who have rendered continuous aggregated employment
NOTE: also included are chastity even without a final conviction of the offender: 2. Sexual violence status or child legitimacy; service for at least 6 months for the last 12 months.
1. Supervised Piece-rate EE Provided , mother keeps and raises the child; 3. Psychological violence NOTE:
2. Part-time EE b. Death of spouse; 4. Economic abuse Applicable to pregnancy, miscarriage or emergency Available only for the first 4 deliveries of employee's
3. "On Contract" Workers such as private school c. Physical and/or mental incapacity of spouse as terminaiton of pregnancy; legitimate spouse with whom he is cohabiting
teachers on contract basis certified by a public medical practitioner; NOTE:
d. Spouse is detained or is serving sentence for a criminal Offender must have had a sexual or dating relationship
conviction for at least 1 year ; with the offended woman.
e. Abandonment of spouse for at least 1 year ;
f. Legal separation or de facto separation from spouse
for at least 1 year : Provided, that he/she is entrusted with
child custody;
g. Declaration of nullity or annulment of marriage as
decreed by a court or by a church:
Provided, that he/she is entrusted with child custody;
h. Unmarried father/mother who has preferred to keep and
rear his/her child/children, instead of having others care for
them or give them up to a welfare institution;
i. Any other person who solely provides parental care
and support to a child/children:
Provided, he/she is duly licensed as a foster parent by DSWD
OR duly appointed legal guardian by the court; and
j. Any family member who assumes the responsibility of
head of family as a result of the death, abandonment,
disappearance, or prolonged absence of the parents or
solo parent for at least 1 year.
XPN 1. Government employees Change in the status/circumstance of the parent claiming benefits
2. Managerial employees such that he/she is no longer left alone with the responsibility of
3. Domestic helpers and persons in the personal parenthood (termination of eligibility for the benefits)
service of another
4. Field personnel and other employees whose
performance is unsupervised (task/contract basis,
purely commission basis, pakyaw, etc.)
5. Those who are already enjoying the benefit;
6. Those enjoying VL with pay of at least 5 days; and
7. EE in establishments regularly employing < 10 EEs
CONDITIONS FOR 1. EE has rendered at least 1 year of service; a. Has rendered at least 1 year of service, whether continuous Povide ER with certification from Punong Barangay, or Requisites: 1. He is an EE at the time of the delivery of his child; Female employee has:
ENTITLEMENT 2. SIL is reckoned from date EE started working; or broken; Sangguniang Barangay member, or Prosecutor, or • At least 3 monthly contributions in the 12-month 2. He is cohabiting with his spouse at the time that a. employed in the company for 12 months prior to
3. Period includes authorized absences, unworked b. Has notified employer of availment of benefits, within a Clerk of Court, as the case may be, that an action period immediately preceding semester of childbirth, she gives birth or suffers miscarriage; surgery
weekly rest days and paid regular holidays reasonable period of time; and relative to the matter is pending miscarriage or emergency termination of pregnancy 3. He has applied for paternity leave with his ER within b. rendered continuous aggregate employment service
c. Has presented to ER a Solo Parent Identification Card. • Notice to ER of pregnancy and probable date of a reasonable period of time from the expected date of at least 6 months for the last 12 months
"at least 1 year of service" shall mean: [Sec. 19, IRR, RA 8972] childbirth, which notice shall be transmitted to SSS of delivery by his pregnant spouse, or within such c. filed an application for special leave
• Not less than 12 months, whether continuous or period as may be provided by company rules or d. undergone surgery due to gynecological disorders
broken, reckoned from the date employee started If EE terminated, maternity leave benefit can still be regulations or by CBA; and as certified by a competent physician
working, including authorized absences and paid availed: 4. His wife has given birth or suffered miscarriage
regular holidays. GR: If childbirth, miscarriage or emergency termination
• less than 12 months, if establishment practice/ of pregnancy occurs not more than 15 calendar
policy or employment contract provides working days from termination of service.
days less than 12 months. XPN: Termination without just cause; plus applicable
daily cash maternity benefits
LEAVE BENEFITS 5 days leave with pay NOT more than 7 working days every year (with pay - basic Up to 10 days leave with pay * Live childbirth: 105 days with full pay Up to 7 calendar days leave with pay 60 calendar days with full pay based on gross
salary and mandatory allowances) (basic salar + mandatory allowances) * Miscarriage/ Emergency (basic salary + mandatory allowances) monthly compensation following surgery caused by
BASIS OF COMPUTATION: Pregnancy Termination: 60 days with full pay gynecological disorders.
EE Salary rate at the date of commutation NOTE: Leave shall be extended when the need arises, as * If solo parent: plus 15 days with full pay NOTE:
Computation of SIL may be on a pro-rata basis If CBA/Company Policy/Contract provides: specified in the protection order issued by the barangay * Option to extend: 30 days without pay; prior If CBA/Company Policy/Contract provides: NOTE:
* similar benefit - shall be credited as such or the court written notice to ER 45 days before end of leave 1. more than 7 c.d. - greater benefit prevails * This leave is in addition to leave privileges under
NOTE: * greater than 7 days - greater benefit prevails EXCEPT: 2. less than 7 c.d. - leave adjusted to cover difference. existing laws.
ER with VL and SL of at least 5 days for its EEs * less than 7 days - leave adjusted to cover difference. In medical emergency, subsequent notice to ER 3. With emergency/contingency leave but without * Can be availed for every instance of surgery due to
considered compliant with SIL * With emergency/contingency leave - shall not be credited with specific provisions on paternity leave - ER shall grant gynecological disorder for a maximum total period of
the parental leave provided by A 8972 Can be credited as combinations of prenatal and EE with 7 c.d. of paternity leave 2 months per year.
postnatal leave as long as it does NOT exceed
105 / 60 days as the case may be. Gross monthly compensation - monthly basic pay +
mandatory allowances fixed by the regional wage board.
IN NO CASE postnatal care be less than 60 days
COMMUTABLE / * Commutable to its money equivalent, if not used or Non-commutable, unless specifically agreed on previously Non-commutable and non-cumulative Non-commutable and non-cumulative Non-commutable and non-cumulative Non-commutable and non-cumulative, unless otherwise
CUMULATIVE / exhausted at the end of the year. provided by a CBA.
TRANSFERRABLE * Can be availed at the end of the year or upon
retirement/separation from ER
* Commulative up to 3 years only;
* Kasambahay , non-commutative and
non-cumulative
BY: MA. CASSANDRA T. CODILLA