LEAVE FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND CHILDREN (RA 9262)

Who are covered by this leave? R.A. No. 9262 grants to victims a total of ten (10) days of paid leave of absence, in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. It is extendible when the necessity arises as specified in the protection order. This is afforded to the woman employee to enable her to attend to the medical and legal concerns relative to said law. This leave is not convertible to cash.

Any employer who shall prejudice the right of the person under this law 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.

HOW CAN A WOMAN BE ENTITLED TO THIS LEAVE?

At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of Violence Against Women and their Children (VAWC) who is employed shall be entitled to said paid leave of up to ten (10) days. The Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is required for the employer to comply with the 10-day paid leave.

For government employees, in addition to the aforementioned certification, the employee concerned must file an application for leave citing as basis RA 9262. The administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the Regional Director of the DOLE under Article 129 of the Labor Code for employees in the private sector, and the Civil Service Commission, for government employees.
HOW TO AVAIL?

The availment of the ten (10) day-leave shall be at the option of the woman employee, which shall cover the days that she has to attend to medical and legal concerns. Leaves not availed of are non-cumulative and not convertible to cash.

The employer/agency head who denies the application for leave, and who shall prejudice the victim-survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be held liable for discrimination and violation of RA 9262. The provision of the Labor Code and the Civil Service Rules and Regulations shall govern the penalty to be imposed on the said employer/agency head.