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LIST OF ALLOWABLE LEAVES FOR PRIVATE EMPLOYEES UNDER THE

LABOR CODE

1. Service Incentive Leave

ART. 95. Right to service incentive leave. - (a) 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.

2. Maternity leave (Article 133 of the Labor Code in relation to R.A 1161)

Every pregnant employee in the private sector, whether married or


unmarried, is entitled to maternity leave benefit of sixty (60) days in case of
normal delivery or miscarriage, or seventy-eight (78) days, in case of
Caesarian section delivery, with benefits equivalent to one hundred percent
(100%) of the average daily salary credit of the employee as defined under
the law.

LIST OF ALLOWABLE LEAVES FOR PRIVATE EMPLOYEES UNDER THE


SPECIAL LAWS

3. Paternity leave (R.A No. 8187)

SECTION 2. Notwithstanding any law, rules and regulations to the contrary,


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.
For purposes, of this Act, delivery shall include childbirth or any
miscarriage.

4. Parental Leave for Solo Parents (R.A 8972)

The parental leave, in addition to leave privileges under existing laws, shall
be for seven (7) work days every year, with full pay, consisting of basic
salary and mandatory allowances fixed by the Regional Wage Board, if any,
provided that his/her pay shall not be less than the mandated minimum
wage.

5. Leave due to Domestic Violence (RA 9262)

Private sector women employees who are victims as defined in RA 9262


shall be entitled to the paid leave benefit under such terms and conditions
provided herein. The leave benefit shall cover the days that the woman
employee has to attend to medical and legal concerns.
6. Leave due to Gynecological Disorders (R.A 9710)

Section 18. Special Leave Benefits for Women. - 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.

Sick leaves and vacation leaves are not granted under the Labor Code or
other special laws.

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