CONDITIONS OF EMPLOYMENT

GENERAL RULE:
Title I, Book III of the Labor Code dealing with hours of work, weekly rest periods, holidays, service incentive leaves and service charges, covers all employees in all establishments, whether
for profit or not. (Art. 82 Labor Code)

EXCEPTION:
Domestic
GF
Government Field Managerial Officers of the Members of the helpers and Workers paid
MOM family of the Persons in the
Employees Personnel Employees Managerial Staff by result
employer personal service
DW of another
Characteristics 1. Employees of Non-agricultural 1. Primary duty 1. Primary duty consists of ✓ Dependent on the 1. Perform services in Time element is not a
government employees who: consists of the the performance of work employer for support the employer’s material consideration.
agencies, or management of directly related to home which are Such work is measured
political 1. Regularly perform the establishment management policies usually necessary either by:
subdivisions. their duties away in which they are of their employer; and desirable for the ✓ By piece; or
from the principal employed or of a 2. Customarily and maintenance or ✓ By task
2. Employees of place of business or department or sub - regularly exercise enjoyment thereof;
government branch office of the division thereof. discretion and or *Not all workers paid by
corporations that employer; and independent judgment; results are excluded from
are NOT 2. Customarily and 3. Regularly and directly 2. Minister to the the coverage.
incorporated under 2. Whose actual hours regularly direct the assist in the personal comfort,
the Corporation of work in the work of two or more management of the convenience or
Code field cannot be employees therein. establishment safety of the
determined with 4. Execute under general employer, as well as
reasonable certainty. 3. They have the supervision work along the members of the
authority to hire or specialized or employer’s household
fire employees of technical lines
lower rank; or their requiring special
suggestions and training, experience, or
recommendations as knowledge;
to hiring and firing 5. Execute, under general
and as to the supervision, special
promotion or any assignments and *To cover them under
other change of tasks; and Art. 82 may create labor
status of other 6. Do not devote more problems that would
employees, are given than 20 percent of his eventually break-up the
particular weight. time to work other than family, which is the evil
those described above sought to be prevented.

Reason for Terms and conditions Due to the nature of The value of their work Are considered managerial The amounts give by the Terms and conditions of Work is not measured in
Exclusion of their employment their functions. They cannot be measure in employees for they employer by way of employment are accordance with the time
are governed by Civil are free from personal terms of hours. customarily and regularly support may exceed the governed by provisions spent to complete the
Service Law and supervision and actual - They are employed by exercise discretion and benefits to which the of R.A. 10361 work.
Regulations number of hours of reason of their special independent judgment. employee is entitled (Kasambahay Law)
work cannot be training, experience, under the provisions of
determined with or knowledge. law.
reasonable certainty

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 CONDITIONS OF EMPLOYMENT

Service Charge
(Only to hotels,
Night Shift Rest Day Holidays Service Incentive
Hours of Work restaurants and
Differential Premium with Pay Leave
similar
establishments)

Government
Employees ! ! ! ! ! !

Field Personnel
! ! !
Field personnel and Field personnel and “Other EE’s w hose
other employees other employees performance is
whose time and whose time and unsupervised by the
performance is performance is employer”
unsupervised by unsupervised by
the employer the employer
including those who including those who !
are engaged on are engaged on “on task or contract
task or contract task or contract basis, purely
commission basis.”
basis, purely basis, purely
commission basis, commission basis, !
Entitled, unless they
or those who are or those who are are field personnel Only managerial
! !
paid a fixed paid a fixed See (Auto Bus employees are
amount for amount for Transport Systems, excluded
performing work performing work inc. vs. Bautista; G.R.
irrespective of the irrespective of the No. 156367, May 16,
time consumed in time consumed in 2005)
the performance the performance
thereof. thereof. - not automatically
exempted from the
grant.

✓ if it does not fall

under the
classification of
field personnel

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 CONDITIONS OF EMPLOYMENT

Service Charge
(Only to hotels,
Night Shift Rest Day Holidays Service Incentive
Hours of Work restaurants and
Differential Premium with Pay Leave
similar
establishments)

Managerial
Employees
!
a "managerial
employee" shall mean
one who is vested
with powers or
prerogatives to lay
down and execute
management policies
Officers of the
and/or to hire,
Managerial Staff
transfer, suspend, lay-
! ! ! ! ! off, recall, discharge,
assign, or discipline
employees or to
effectively
recommend such
managerial actions.
All employees not
falling within this
definition shall be
considered rank-and-
file employees.

Members of the
family of the
employer who are
dependent on him ! ! ! ! ! !
for support

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 CONDITIONS OF EMPLOYMENT

Service Charge
(Only to hotels,
Night Shift Rest Day Holidays Service Incentive
Hours of Work restaurants and
Differential Premium with Pay Leave
similar
establishments)

Domestic helpers
and Persons in the
personal service of ! !
another (Already superseded Only managerial
! ! ! !
by Sec. 29, RA 10361. employees are
Thus, no longer excluded
excluded)

Workers paid by
result
! !
If they are field If they are field
personnel personnel
! !
Workers who are paid Workers who are paid
by results, including by results, including
those who are paid on those who are paid on !
piece-work, "takay," ! piece-work, "takay," Shall not be less than !
"pakiao" or task basis, Entitled, unless they "pakiao" or task basis, his average daily Entitled, unless they
and other non-time are field personnel and other non-time earnings for the last 7 are field personnel
work if their output See (Auto Bus work if their output day actual working See (Auto Bus
rates are in Transport Systems, rates are in days preceding the Transport Systems, !
accordance with the inc. vs. Bautista; G.R. accordance with the regular holiday; inc. vs. Bautista; G.R. Only managerial
standards prescribed No. 156367, May 16, standards prescribed No. 156367, May 16, employees are
under Section 8, Rule 2005) under Section 8, Rule Provide, however, that 2005) excluded
VII, Book Three of VII, Book Three of in no case shall the
these regulations, or - not automatically these regulations, or holiday pay be less - not automatically
where such rates have exempted from the where such rates have than the applicable exempted from the
been fixed by the grant. been fixed by the statutory minimum grant.
Secretary of Labor Secretary of Labor wage rate.
and Employment in ✓ if it does not fall and Employment in ✓ if it does not fall
accordance with the under the accordance with the under the
aforesaid Section. classification of aforesaid Section. classification of
field personnel field personnel

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 CONDITIONS OF EMPLOYMENT

Service Charge
(Only to hotels,
Night Shift Rest Day Holidays Service Incentive
Hours of Work restaurants and
Differential Premium with Pay Leave
similar
establishments)

Those of Retail and

Service
establishments not
more ! ! !
Not more than 5 Less than 10 Less than 10
(Any Establishment)

Those who are

already enjoying
the benefit !

Those with vacation

leave with pay of at
least 5 days !

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 CONDITIONS OF EMPLOYMENT
RULES ON HOURS WORKED
Preliminary and
Power Lectures, Meetings, Attendance on Labor Semestral Break
Waiting Time Postliminary Travel Time Sleeping Time
Interruptions Training Programs Relation Activities of Teachers
Activities

Considered as working Preliminary (before 1. Travel from home to work Compensable: 1. Brownouts of Need not be counted as 1. CBA Negotiations Semestral break of
time if: work) and GR: No if sleeping time is short duration but working time if the Compensable if: teachers is considered
1. Waiting is an integral postliminary (after XPNs : subject to serious not exceeding following criteria are ✓ There is an agreement as compensable hours
part of this work; actual work) activities a. Emergency call outside his interruption or 20 minutes shall met: for the compensability worked for it is a
2. The employee is deemed performed regular working hours where takes place under be treated as 1. Attendance is in the parties’ Ground form of an
required or engaged during working hours he is required to travel to his conditions worked or outside of the Rules. interruption beyond
by the employer to and compensable: regular place of business or substantially less compensable employee's regular ✓ There is an established their control.
wait; or 1. Where such some other work site. desirable than hours whether working hours; policy allowing 

3. When employee is activities are b. Done through a conveyance would be likely to used productively 2. Attendance is in fact compensability. Payment
required to remain on controlled by the provided by the Er. exist at the by the employees voluntary; ✓ When it is done during compensation is given
call in the employer’s employer or c. Done under the supervision employer’s home. or not; 3. The employee does regular work hours only to regular full-
premises or so close required by the and control of the Er. 2. Brownouts not perform any with the agreement of time teachers.
thereto that he employer; and d. Done under vexing and Not running for more productive work the employer.
cannot use the time 2. Pursued dangerous circumstance. compensable: than 20 during such
effectively and necessarily and if there is an minutes may not attendance 2. Strikes
gainfully for his primarily for the 2. Travel that is all in a day’s opportunity for be treated as GR : Not compensable
own purpose. employer's work – time spent in travel comparatively hours worked XPN: if there is an
benefit as part of the Ees principal uninterrupted provided that agreement to allow “strike
An employee who is not activity sleep under fairly any of the duration pay” provided
required to leave word e.g. travel from job site to job desirable following under the company policy,
at his home or with site during the work day, must conditions. conditions are practice or CBA.
company officials where be counted as working hours. present:
he may be reached is not ✓ The employees
3. Travel away from home 3. Grievance Meeting
working while on call. can leave their
GR: GR: Time spent in adjusting grievance between employer and employees
work place or go
a. Requires an overnight stay on the part of the Ee when it cuts across the during the time the time employees are required by the employer to be on
elsewhere
Ees workday is clearly working time. the premises is compensable.
whether within or
b. The time is not only hours worked on regular workdays but also during XPN : When a bonafide union is involved and there is a CBA, policy,
without the work
corresponding working hours on non-working days. Outside of these practice to contrary.
premises; or
regular working hours, travel away from home is not considered
✓ The employees
working time. 4. Hearing, Arbitration, Conciliation
can use the time
Not compensable for it is hardly fair for an employee or labourer to fight or
effectively for
XPN : During meal period or when Ee is permitted to sleep in adequate litigate against his employer and eventually consider it as hours worked.
their own
facilities furnished by the Er.
interest

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COMPULSORY OT WORK, REST DAY WORK; SHORTENED MEAL PERIOD (From Atty. Sta. Maria)
Compulsory OT Work
1. When the country is at war or when any other national or
local emergency has been declared by Congress or the Chief
Executive;
2. When overtime work is necessary to prevent loss of life or
property, or in case of imminent danger to public safety
due to actual or impending emergency in the locality
caused by serious accident, fire, floods, typhoons,
earthquake, epidemic or other disaster or calamities;
3. When there is urgent work to be performed on machine
s, installations, or equipment, in order to avoid
serious loss or damage to the employer or some other
causes of similar nature;
4. When the work is necessary to prevent loss or damage to
perishable goods;
5. When the completion or continuation of work started before
the 8th hour is necessary to prevent serious obstruction or
prejudice to the business or operations of the employer; or
6. When overtime work is necessary to avail of favorable
weather or environmental conditions where
performance or quality of work is dependent thereon.
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CONDITIONS OF EMPLOYMENT
Compulsory Rest Day Work Shortened Meal Periods
1. In case of actual or impending emergencies caused by serious accident, fire,
1. In case of actual or impending emergencies or there is
flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent
urgent work to be performed on machineries,
loss of life and property, or in cases of force majeure or imminent danger to
equipment or installations to avoid serious loss which
public safety;
the employer would otherwise suffer;
2. In cases of urgent work to be performed on the machinery, equipment, or
installation, to avoid serious loss which the employer would otherwise suffer;
3. To prevent serious loss of or damage to perishable goods; 2. Where the work is necessary to prevent serious loss of
perishable goods.
4. In the event of abnormal pressure of work due to special circumstances, where
the employer cannot ordinarily be expected to resort to other measures;
5. When the work is necessary to avail of favorable weather or
environmental conditions where performance or quality of work is
dependent thereon. Under other circumstances analogous or similar to
the foregoing as determined by the Secretary of Labor and Employment;
6. Where the nature of the work is such that the employees have to work
continuously for seven (7) days in a week or more, as in the case of the
crew members of a vessel to complete a voyage and in other similar
cases requires continuous operations and the stoppage of work may
result in irreparable injury or loss to the employer.
3. Where the work is non-manual work in nature pr does
not involve strenuous physical exertion;
4. Where the establishment regularly operates not
less than (sixteen) 16 hours a day.
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 CONDITIONS OF EMPLOYMENT
HOLIDAY PAY COMPUTATION

WORKED

B
(Daily Wage = 500) ON WHAT DAY IT FALLS UNWORKED A C
In Excess of 8 Hours
(1st 8 Hours) (Ex. 2 Hours) - this is only the Total Wage for said day
excess 2 hours

100%
130% of Hourly Rate on
EXCEPT in retail and 1st 8 hours + OT Pay
200% of Daily Rate the said day
service establishments Hourly Rate: 1,000/8 = 125 1,000 + 325 = 1,325
Regular Workday 200% x 500 = 1,000
employing less than 10 OT per hour: 130% x 125 =162.5
Total OT pay: 162.5 x 2 = 325
workers

REGULAR HOLIDAY ₱500.00 ₱1,000.00 ₱325.00 ₱1,325.00

200% 130% of Hourly Rate on

+ the said day 1st 8 hours + OT Pay
100%
Rest Day [30%(Daily Rate x Hourly Rate: 1,300/8 = 162.5
1,300 + 422.5 = 1,722.50
OT per hour: 130% x 162.5 =211.25
200%)] Total OT pay: 211.25 x 2 = 422.5

₱500.00 ₱1,300.00 ₱422.50 ₱1,722.50

NO PAY 130% of Hourly Rate on

Unless there’s a 130% of Daily Rate the said day 1st 8 hours + OT Pay
Hourly Rate: 650/8 = 81.25
Regular Workday 1. company practice or 130% x 500 = 650 650 + 211.25 = 861.25
OT per hour: 130% x 81.25 =105.625
2. CBA Total OT pay: 105.625 x 2 = 211.25

₱0.00 ₱650.00 ₱211.25 ₱861.25

SPECIAL HOLIDAY
NO PAY 130% of Hourly Rate on
Unless there’s a 150% of Daily Rate the said day 1st 8 hours + OT Pay
Rest Day 1. company practice or 150% x 500 = 750
Hourly Rate: 750/8 = 93.75
OT per hour: 130% x 93.75 =121.875
750 + 243.75 = 993.75
2. CBA Total OT pay: 121.875 x 2 = 243.75

₱0.00 ₱750.00 ₱243.75 ₱993.75

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 CONDITIONS OF EMPLOYMENT
OVERTIME PAY COMPUTATION

NOTE: COLA shall not be included in the computation of overtime pay.

BASIC DAILY TOTAL WAGE

HOURLY WAGE DAILY RATE OVERTIME RATE TOTAL OT PAY
WAGE Excluding COLA

Minimum 2 hours overtime Plus Daily Wage

Divide by 8 100% 125%
For wok in excess of 8 hours on Wage (Multiply by 2) (Daily Rate x 8)
Ordinary Working Days
₱500.00 ₱62.50 ₱62.50 ₱78.13 ₱156.25 ₱656.25

Minimum 2 hours overtime Plus Daily Wage

For wok in excess of 8 hours on Divide by 8 130% 130%
Wage (Multiply by 2) (Daily Rate x 8)
1. Scheduled Rest Day; or
2. Special Holiday ₱500.00 ₱62.50 ₱81.25 ₱105.63 ₱211.25 ₱861.25

Minimum 2 hours overtime Plus Daily Wage

For wok in excess of 8 hours on Divide by 8 150% 130%
Wage (Multiply by 2) (Daily Rate x 8)
a Special Holiday which falls
on a Scheduled Rest Day ₱500.00 ₱62.50 ₱93.75 ₱121.88 ₱243.75 ₱993.75

Minimum 2 hours overtime Plus Daily Wage

Divide by 8 200% 130%
For wok in excess of 8 hours on Wage (Multiply by 2) (Daily Rate x 8)
Regular Holiday
₱500.00 ₱62.50 ₱125.00 ₱162.50 ₱325.00 ₱1,325.00

Minimum 2 hours overtime Plus Daily Wage

For wok in excess of 8 hours on Divide by 8 260% 130%
Wage (Multiply by 2) (Daily Rate x 8)
a Regular Holiday which falls
on a Scheduled Rest Day ₱500.00 ₱62.50 ₱162.50 ₱211.25 ₱422.50 ₱1,722.50

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LEAVES
Service Incentive
Art. 95 Right to Service Incentive Leave
It is 5-days leave with pay for
every Ee who has rendered at
least 1 year of service whether
continuous or broken.
“At least 1 year of service”
✓ Service for not less than 12
months, whether continuous
or broken reckoned from the
date the Ee 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
Part-time worker
✓ Entitled to service incentive
leave whether the service
within 12 months is
continuous or broken or
where the working days in the
employment contract as a
matter of practice or policy is
less than 12 months. The
availment and commutation
of the same can be
proportionate to the daily
work rendered and the
regular daily salary
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Maternity
EXPANDED MATERNITY LEAVE BENEFIT
UNDER RA 11210
Period of Maternity Leave w/
pay:
• 105 days (caesarian/natural)
w/ additional 15 days if
qualified as a solo parent
Optional Period of Extension:
• 30 days without pay with 45
days notice before the end of
maternity leave. notice is not
necessary in case of medical
emergency but subsequent
notice shall be given to head
of agency
Period in case of Miscarriage/
E m e r g e n c y Te r m i n a t i o n o f
Pregnancy:
• 60 days with full pay
Coverage:
✓ Government sector
✓ Private sector and
✓ Informal economy
Instance of Maternity Leave
Shall be granted to female
workers in every instance of
p r e g n a n c y, m i s c a r r i a g e o r
emergency termination of
pregnancy, regardless of the
frequency.
CONDITIONS OF EMPLOYMENT
Paternity
PATERNITY LEAVE UNDER RA 8187
Leave credits granted to a
married male employee to allow
him to earn compensation for
seven (7) working days
without reporting for work,
provided that his spouse has
delivered a child or had a
miscarriage or an abortion for
the purpose of lending support to
his wife during her period of
recovery and/or the nursing of
the newly born child
“Delivery”
✓ refers to childbirth,
miscarriage or abortion
“Spouse”
✓ refers to the lawful wife. For
this purpose, lawful wife
refers to a woman who is
legally married to the male
employee concerned.
“Cohabiting”
✓ refers to the obligation of the
husband and wife to live
together.
Parental/Solo Parents
SOLO PARENT LEAVE UNDER RA 8972
Leave benefits granted to a solo
parent to enable him/her to
perform parental duties and
responsibilities - where physical
presence is required.
In addition to leave privileges
under existing laws, parental
leave of not more than 7
working days every year shall
be granted to any solo parent Ee
who has rendered service of at
least 1 year
“Solo Parent”
1. A woman who gives birth as a
result of rape or crimes
against chastity, even without
a final conviction of the
offender
✓ Provided, that the mother
keeps and raises the child;
2. Parent left solo or alone with
the responsibility of
parenthood due to:
✓ death of spouse
✓ while the spouse is detained,
or is serving sentence for a
criminal conviction for at least
one (1) year; The law applies
to the spouses of prisoners,
whether or not a final
judgment has been rendered,
provided they are in detention
Special Leave Benefit
for Women
SPECIAL LEAVE BENEFIT FOR WOMEN
UNDER RA 9710
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.
“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. For
purposes of the Act and the
Rules and Regulations of this Act,
gynecological surgeries shall also
include hysterectomy,
ovariectomy, and mastectomy.
“Employment service”
includes absences with pay such
as use of other mandated leaves,
company granted leaves and
maternity leave.
VAWC
LEAVE FOR VICTIMS OF VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN
UNDER RA 9262
Ten (10) day paid leave in
addition to other leave benefits
under the Labor Code and Civil
Service Rules and Regulations,
extendible when the necessity
arises as specified in the
protection order
Entitlement is at any time
during the application of any
protection order, investigation,
prosecution and/or trial of the
criminal case, a victim of VAWC
who is employed.
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.
For government employees, in
addition to the aforementioned
certification, the employee
concerned must file an
application for leave citing as
basis R.A. 9262.
The availment of the ten 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.
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Service Incentive
Art. 95 Right to Service Incentive Leave
Task or contract basis
✓ Employees engaged on task
or contract basis or paid on
purely commission basis are
not automatically exempted
from the grant of service
incentive leave, unless, they
fall under the classification
of field personnel.
Illegally dismissed Ees
Entitled to SIL until actual
reinstatement
Legally dismissed Ees
the Ee who had not been paid of
SIL from the outset of
employment is entitled only of
such pay after a year from
commencement of service until
termination of employment or
contract.
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Maternity
EXPANDED MATERNITY LEAVE BENEFIT
UNDER RA 11210
Allocation:
✓ Ay female worker entitled to
maternity leave may at her
option allocate up to 7 days
of said benefits to the child’s
father, whether or not the
same i s marri ed t o t he
female worker
✓ In the death, absence or
incapacity of the female
worker the benefit may be
allocated to an alternative
caregiver who may be a
relative within the 4th degree
of consanguinity or the
current partner of the female
worker sharing the same
household, upon election of
the mother taking into
account the best interests of
the child. A written notice
should be provided to the
employers of the female
worker and the alternative
caregiver.
The allocation of maternity
leave credits is over and above
under RA 8187
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
CONDITIONS OF EMPLOYMENT
Paternity
PATERNITY LEAVE UNDER RA 8187
Conditions for entitlement of a
married male employee
1. he is employed at the time of
delivery of his child;
2. he has notified his employer
of the pregnancy of his wife
and her expected date of
delivery within a reasonable
period of time; and
3. his wife has given birth,
suffers a miscarriage or an
abortion
The qualified employee may
enjoy the paternity benefits
BEFORE, DURING or AFTER the
delivery by his wife;
✓ Provided, that the total
number of days shall NOT
exceed seven (7) working
days for each delivery.
✓ Provided, further, that this
benefit shall BE AVAILED OF
NOT LATER than sixty (60)
days after the date of said
delivery.
Parental/Solo Parents
SOLO PARENT LEAVE UNDER RA 8972
for a minimum period of one
(1) year;
✓ physical and/or mental
incapacity of spouse as
certified by a public medical
practitioner;
✓ due to legal separation or de
facto separation from spouse
for at least one (1) year:
Provided, that he or she is
entrusted with the custody of
the children;
✓ declaration of nullity or
annulment of marriage as
decreed by a court or by a
church: Provided, that he/she
is entrusted with the custody
of the children;
✓ to abandonment of spouse for
at least one (1) year;
3. Unmarried mother/father 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;
4. Any other person who solely
provides parental care and
support to a child or children
provided he/she is duly
licensed as a foster parent by
the DSWD or duly appointed
legal guardian by the court;
Special Leave Benefit
for Women
SPECIAL LEAVE BENEFIT FOR WOMEN
UNDER RA 9710
“Competent physician”
means a medical doctor
preferably specializing in
gynecological disorders or is in
the position to determine the
period of recuperation of the
woman employee.
Any female employee, regardless
of age and civil status, shall be
entitled to a special leave,
provided she has complied with
the following conditions:
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 in
accordance with Section 3
hereof.
3. She has undergone surgery
due to gynecological disorders
as certified by a competent
physician.
For purposes of determining the
period of leave with pay that will
be allowed to a woman
employee, the certification of a
competent physician as to the
required period of recuperation
shall be controlling.
VAWC
LEAVE FOR VICTIMS OF VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN
UNDER RA 9262
Leaves not availed of are
noncumulative 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
R.A 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.
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 CONDITIONS OF EMPLOYMENT

Special Leave Benefit VAWC

Service Incentive Maternity Paternity Parental/Solo Parents
EXPANDED MATERNITY LEAVE BENEFIT for Women LEAVE FOR VICTIMS OF VIOLENCE
Art. 95 Right to Service Incentive Leave PATERNITY LEAVE UNDER RA 8187 SOLO PARENT LEAVE UNDER RA 8972 SPECIAL LEAVE BENEFIT FOR WOMEN AGAINST WOMEN AND THEIR CHILDREN
UNDER RA 11210
UNDER RA 9710 UNDER RA 9262

Regardless of their civil status 5. Any family member who The frequency of availment by a
The maternity leave credits shall assumes the responsibility of woman employee of the special
be granted to all female workers head of family as a result of leave benefit is for every instance
in the government and female the death, abandonment, of surgery due to gynecological
member of the SSS, regardless disappearance or prolonged disorder for a maximum total
of their civil status. absence of the parents or period of two (2) months per
solo parent: Provided, that year.
After Termination of Employee such abandonment,
✓ Shall be granted even if the disappearance, or absence The special leave benefit is
childbirth, miscarriage, or lasts for at least one (1) year. different from the SSS sickness
emergency termination of benefit.
pregnancy occurs not more “Children” ✓ The SSS sickness benefit is
than 15 calendar days after ✓ refer to those living with and administered and given by the
the termination of an dependent upon the solo SSS in accordance with the
employee’s service, as her parent for support w SSS law or RA 1161 as
right thereto has already ✓ unmarried amended by RA 8282.
accrued. ✓ unemployed
✓ below eighteen (18) years of The special leave benefit cannot
When 15 days period is not age, or even eighteen (18) be taken from existing statutory
applicable years and above but are leaves.
When the pregnant women has incapable of self-support and/
been terminated without just or mentally and/or physically If the special leave benefit has
cause in which case the challenged. already been exhausted, the
employer will pay her the full company leave and other
amount equivalent to her salary Flexible work schedule mandated leave benefits may be
for 105 days for childbirth and The employer shall provide for a availed of by the woman
60 days for miscarriage or flexible work schedule for solo employee.
emergency termination of parents: Provided, That the
pregnancy. same shall not affect individual Where the woman employee had
and company productivity: undergone surgery due to
Pending administrative case. Provided further, That any gynecological disorder during her
✓ shall be enjoyed by a female employer may request maternity leave, she is entitled
worker in the government exemption from the above only to the difference between
service and in the private requirements from the DOLE on the SL and maternity leave
sector even if she has certain meritorious grounds benefit.
pending administrative case.

Ponce !12