Employee Leave Benefits

1. Annual Leave (Service Incentive Leave)

Statutory Basis: Section 95, Labor Code

No. of Days: At least 5 days with pay
Who are entitled: Employees who have rendered at least one (1) year of service.
If not used:
May be commuted to its cash equivalent if not used or exhausted at the end of the year. Also, upon his
resignation or separation from work, employee is entitled to the commutation of his accrued service
incentive leave. [see Auto Bus Transport Systems, Inc. vs. Bautista, G.R. No. 156367, May 16, 2005]
Not Covered:
Employees not covered by the SIL benefit:

(a) those already enjoying vacation leave with pay at least five days or similar benefit
(b) those employed in establishments regularly employing less than ten employees
(c) those employed in establishments exempted by the Secretary of Labor after considering the viability
or financial condition of such establishment. [Art 95(b), Labor Code]
2. Maternity Leave

Statutory Basis: Article 14-A, Republic Act 8282 (Social Security Act of 1997)
No. of Days: 60 days with pay (normal delivery)
78 days with pay (caesarean)
** Daily maternity benefit is equivalent to 100% of her average daily salary
** Extended maternity leave is without pay, but may be charged against any unused leave credits
Who are entitled: Female employee covered under the Social Security System (SSS)

Conditions:
(a) Employee has paid at least 3 monthly contributions in the twelve-month period immediately preceding
the semester of her childbirth or miscarriage.
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(b) Benefit available only for the first four deliveries and miscarriages
(c) Employee shall notify her employer of her pregnancy and the probable date of her childbirth which
notice shall be transmitted to the SSS;
(d) Payment of daily maternity benefits shall be a bar to the recovery of SSS sickness benefits for the
same compensable period of sixty (60) days for the same childbirth or miscarriage.
Remarks:

Female employee need not be married to avail of this benefit.

SSS shoulders the payment but the employer shall advance in full the monetary benefit within thirty (30)
days from the filing of the maternity leave application, subject to reimbursement by the SSS.

Article 133 of the Labor Code, which requires that the female employee must have rendered an
aggregate service of at least six months for the last twelve months, has been superseded.

3. Paternity Leave

Statutory Basis: Republic Act no. 8187 (Paternity Leave Act of 1996)
No. of Days: 7 days with pay
Who are entitled: Married male employees in the public and private sector, regardless of employment
status (regular, probationary, contractual, project basis)

Conditions:

(a) Male employee is legally married

(b) Benefit is available only for the first four (4) deliveries of the legitimate spouse. (Delivery refers to
childbirth, miscarriage, or abortion)
(c) Male employee is co-habiting or living together with the delivering spouse
4. Solo Parent (Childcare) Leave
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Statutory Basis: Republic Act No. 8972 (Solo Parents Welfare Act of 2000)
No. of Days: up to 7 working days every year
Who are entitled: Solo or Single parent employee
(a) a woman who gives birth as a result of rape and other crimes against chastity even without a final
conviction of the offender: provided, that the mother keeps and raises the child;
(b) parent left solo or alone with the responsibility of parenthood due to death of spouse;
(c) parent left solo or alone with the responsibility of parenthood while the spouse is detained or is
serving sentence for a criminal conviction for at least one (1) year;
(d) parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity
of spouse as certified by a public medical practitioner;
(e) parent left solo or alone with the responsibility of parenthood due to legal separation or de facto
separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the
children;
(f) parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment
of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the
children;
(g) parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at
least one (1) year;
(h) unmarried mother/father who has preferred to keep and rear her/his 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 or children; 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. [Sec 3, RA 8972]
* A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she
is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these
benefits
If not used:
In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless
specifically agreed upon previously. [Sec 20, IRR of RA 8972]

The solo parent leave is non-cumulative. [Sec 18, IRR of RA 8972]

Conditions:
(a) Employee has rendered at least one (1) year of service whether continuous or broken at the time of
the effectivity of the Act;
(b) Employee has notified the employer of the availment of the leave within a reasonable time period;
and
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(c) Employee has presented a Solo Parent Identification Card to the employer. [Sec 19, IRR of RA 8972]
Remarks:
The solo parent leave shall be given in addition to leave privileges under existing laws. [Sec 8, RA 8972]
5. Leave for Victims of Violence Against Women and Their Children

Statutory Basis: Republic Act 9262 (Anti-Violence Against Women and their Children Act of 2004)
No. of Days: up to 10 days with pay
(may be extended as the need arises provided under the protection order issued by the barangay or the
court)

Who are entitled: Employee victim of violence against women and their children

Remarks:
Violence against women and their children refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. [Sec 3, RA 9262]
6. Special Leave Benefit under the Magna Carta of Women

Statutory Basis: Section 18, Republic Act No. 9710 (Magna Carta of Women)
DOLE Department Order No. 112-11, Series of 2011

No. of Days: Two months with pay based on gross monthly compensation following surgery

Who are entitled: A woman employee, regardless of age or civil status, who has undergone surgery
caused by a gynecological disorder.
Gynecological disorder 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.
Gynecological surgeries shall also include hysterectomy, ovariectomy, mastectomy. [Section 1(b), DOLE
Dept Order 112-11]
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Conditions:

(a) Female employee has rendered at least six (6) months continuous aggregate employment service for
the last twelve (12) months prior to surgery;
(b) Employee has filed an application for special leave with her employer within a reasonable period of
time from the expected date of the surgery, or within such period as may be provided by company rules
and regulations or by collective bargaining agreement. [ Note: Prior application for leave not required in
emergency cases, provide proper verbal or written notice is given to the employer within a reasonable
time and the employee files the necessary application form afterwards]
(c) Employee has undergone surgery due to gynecological disorder as certified by a competent
physician. [Section 2, DOLE Dept Order 112-11]
Remarks:
Leave benefit is in addition to leave privileges under existing laws. [Section 1(a), DOLE Dept Order
112-11]
7. Sick Leave and Vacation Leave

Sick Leaves and Vacation Leaves are not mandated by law. They are voluntarily given by the employer
and the terms and conditions of the benefit, if given, are contained in the company policy, the
employment contract, or the Collective Bargaining Agreement, whichever is applicable.

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