SOCIAL LEGISLATION
Atty. Ralph Mendoza
LABOR CODE 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.
(b) This provision shall not apply to those who are already enjoying
the benefit herein provided, those enjoying vacation leave with pay
of at least five days and those employed in establishments
regularly employing less than ten employees or in establishments
exempted from granting this benefit by the Secretary of Labor and
Employment after considering the viability or financial condition
of such establishment.
(c) The grant of benefit in excess of that provided herein shall not be
made a subject of arbitration or any court or administrative action.
OMNIBUS RULES TO IMPLEMENT THE LABOR CODE OF THE
PHILIPPINES RULE V
Service Incentive Leave
SECTION 1. Coverage. — This rule shall apply to all employees except:
(a) Those of the government and any of its political subdivisions,
including government-owned and controlled corporations;
(b) Domestic helpers and persons in the personal service of another;
(c) Managerial employees as defined in Book Three of this Code; ***
(d) Field personnel and other employees whose performance is
unsupervised by the employer including those who are engaged on task
or contract basis, purely commission basis, or those who are paid a
fixed amount for performing work irrespective of the time consumed in
the performance thereof;
(e) Those who are already enjoying the benefit herein provided;
(f) Those enjoying vacation leave with pay of at least five days; and
(g) Those employed in establishments regularly employing less than
ten employees.
SECTION 2. Right to service incentive leave. — 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.
SECTION 3. Definition of certain terms. — The term "at least one-year
service" shall mean service for not less than 12 months, whether
continuous or broken reckoned from the date the employee 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.
SECTION 4. Accrual of benefit. — Entitlement to the benefit provided in
this Rule shall start December 16, 1975, the date the amendatory
provision of the Code took effect.
SECTION 5. Treatment of benefit. — The service incentive leave shall be
commutable to its money equivalent if not used or exhausted at the end
of the year.
SECTION 6. Relation to agreements. — Nothing in the Rule shall justify
an employer from withdrawing or reducing any benefits, supplements
or payments as provided in existing individual or collective agreements
or employer's practices or policies.
Group Members: Advincula, Arellano, Bansuan, Calipayan, Crespo, De Castro, Ebol, Furia, Go, Legaspi, Malicay, Nengasca, Pe Benito, Raz Sambrano & Verana
Group 1
II- Manresa (SY: 2019-2020)
RIGHT TO SIL
Every covered employee who has rendered at least 1 year of service
shall be entitled to a yearly SIL of 5 days with pay.
“ONE YEAR OF SERVICE”
➔ Service within 12 months, whether continuous or broken,
reckoned from date the employee started working.
➔ Includes authorized absences, unworked weekly rest days,
and paid regular holidays
➔ If through individual or collective bargaining, company
practice or policy, the period of working days is less than 12
months, the said period shall be considered as 1 year
➔ In JPL vs CA, the SIL should be computed not from the start
of employment but a year after commencement of service for
it is only then that the employee is entitled to such benefit.
Tis is because the entitlement to said benefit accrues only
from the time he has rendered at least 1 year of service to his
employer.
COVERAGE
See Section 1 of IRR of Labor Code
***Managerial employees if they meet all the following conditions:
1. Their primary duty is to manage the establishment in which
they are employed or of a department or subdivision thereof
2. They customarily and regularly direct the work of two or more
employees therein; and
3. They have the authority to hire or fire other employees of
lower rank; or their suggestions and recommendations as to
hiring, firing, and promotion, or any other change of status of
other employees are given particular weigh
Officers or members of a managerial staff, if they perform the following
duties and responsibilities:
1. Primarily perform work directly related to management
policies of their employer;
2. Customarily and regularly exercise discretion and
independent judgment;
3. (a) regularly and directly assist a proprietor or managerial
employee in the management of the establishment or
subdivision thereof in which he or she is employed; or (b)
execute, under general supervision, work along specialized or
technical lines requiring special training, experience, or
knowledge; or (c) execute, under general supervision, special
assignments and tasks; and
4. Do not devote more than 20% of their hours worked in a
workweek to activities which are not directly and closely
related to the performance of the work described in
paragraphs above.
SIL OF PART-TIME WORKERS
➔ They are entitled to full five days service incentive leave
benefit and not on a pro-rata basis this is because the
provision of Art. 95 of the Labor Code and its implementing
rules speak of months in a year for to said benefit.
SIL ON CONTRACT WORKERS
➔ In Cebu Institute Technology vs Hon. Blas Ople, teachers of
private schools on contract basis are entitled to SIL. Here the
teachers are not included or deemed included in the
exception under Section 1(d) of IRR of Labor Code. The
phrase “those who are engaged on task or contract basis”
should be related to field personnel applying the rule on
ejusdem generis. Clearly, petitioner’s teaching personnel
cannot be deemed doing field duties away from principal
place of business and whose actual hours cannot de
determined with reasonable certainty.
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 SOCIAL LEGISLATION Group 1
Atty. Ralph Mendoza II- Manresa (SY: 2019-2020)

SIL ON PIECE-RATE WORKERS

➔ In Makati Haberdashery Inc. vs NLRC, piece rate employees
are not entitled to SIL. However, the SC appears to have
changed its mind in the late Labor Congress case.

EXCLUDED EMPLOYER
➔ One of those included from obligation to grant SIL are those
establishments employing less than 10 workers (Section
1(g))
➔ It is the employer’s duty, not of employees, to prove that there
are less than 10 employees in the company. If failed to do so,
employer must be deemed to be covered by the rule
notwithstanding the employees’ failure to allege the exacts
number of employees of the corporation.

KASAMBAHAY
RA 10361 Section 29. Leave Benefits. – A domestic worker who has
rendered at least one (1) year of service shall be entitled to an annual
service incentive leave of five (5) days with pay: Provided, That any
unused portion of said annual leave shall not be cumulative or carried
over to the succeeding years. Unused leaves shall not be convertible to
cash.

SIL of Kasambahay not Commutable

➔ RA 10361 grants SIL to domestic workers but their SIL need
not be converted to cash or carried over to succeeding years.

COMMUTATION OF SIL

“SECTION 5 OF IRR. Treatment of benefit. — The service incentive leave

shall be commutable to its money equivalent if not used or exhausted
at the end of the year.”

Use of SIL for sick and vacation leave

➔ The SIL may be used for sick and vacation leave purposes

Basis of Computation
➔ The basis shall be the salary rate at the date of commutation.
The use and commutation of the service incentive benefit
may be on a pro-rata basis.

Group Members: Advincula, Arellano, Bansuan, Calipayan, Crespo, De Castro, Ebol, Furia, Go, Legaspi, Malicay, Nengasca, Pe Benito, Raz Sambrano & Verana 2|P age
 SOCIAL LEGISLATION
Atty. Ralph Mendoza
REPUBLIC ACT NO. 11210
An Act Increasing the Maternity Leave Period to One Hundred Five (105)
Days for Female Workers With an Option to Extend for an Additional
Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15)
Days for Solo Mothers, and for Other Purposes
“The 105-Day Expanded Maternity Leave Law”
What is the policy objective in the enactment of R.A. No. 11210?
It is the policy of the State to protect and promote the rights and welfare
of working women, considering their maternal functions, and to provide
an enabling environment in which their full potential can be achieved.
(Article XIII, Section 14 of the 1987 Constitution)
Further, the State recognizes the sanctity of family life and shall protect
and strengthen the family as the basic autonomous social institution;
that it shall equally protect the life of the mother and the life of the
unborn from conception; and to protect women’s rights to health and
decent work. (Article II, Section 12 of the 1987 Constitution & Section
17 and 22 of Republic Act no. 9710, otherwise known as “The Magna
Carta of Women”)
To achieve these, and in recognition of women’s maternal function as
a social responsibility, the State shall institutionalize a mechanism to
expand the maternity leave period of women workers. This will provide
them with ample transition time to regain health and overall wellness
as well as to assume maternal roles before resuming paid work.
Who are covered?
All covered female workers in
1. Government;
2. Private sectors; and
3. Including those in the informal economy
regardless of civil status or the legitimacy of her child. (Section 3 of R.A.
No. 11210)
Grant of Maternity Leave
1. They shall be granted ONE HUNDRED FIVE (105) DAYS
maternity leave with full pay; and
2. an option to extend for additional THIRTY (30) DAYS without
pay.
Provided, that in case the worker qualifies as solo parent under
Republic Act No. 8972, or the “Solo Parents’ Welfare Act,” the worker
shall be granted an additional FIFTEEN (15) DAYS maternity leave with
full pay. (Section 3)
Maternity leave shall be granted to female workers in every instance of
pregnancy, miscarriage or emergency termination of pregnancy,
regardless of frequency: Provided, that for cases of miscarriage or
emergency termination of pregnancy, SIXTY (60) DAYS maternity leave
with full pay shall be granted. (Section 3)
When to avail?
Enjoyment of maternity leave cannot be deferred but should be availed
of either before or after the actual period of delivery in a continuous and
uninterrupted manner, not exceeding 105 days, as the case may be.
(Section 3)
MATERNITY LEAVE FOR FEMALE WORKERS IN THE PUBLIC SECTOR
Group Members: Advincula, Arellano, Bansuan, Calipayan, Crespo, De Castro, Ebol, Furia, Go, Legaspi, Malicay, Nengasca, Pe Benito, Raz Sambrano & Verana
Group 1
II- Manresa (SY: 2019-2020)
(Section 4)
Any pregnant female workers in the government service, regardless of
employment status in
1. National Government Agencies (NGAs);
2. Local Government Units (LGUs);
3. Government-Owned or Controlled Corporations (GOCC); or
4. State Universities and Colleges
shall be granted a maternity leave of 105 days with full pay regardless
if the delivery was normal or caesarian:
Provided, that in case the employee qualifies as solo parent under
Republic Act No. 8972, or the “Solo Parents’ Welfare Act,” the employee
shall be paid an additional maternity benefit of 15 days.
An additional maternity leave of 30 days, without pay, can be availed of,
at the option of the female worker:
Provided further, that the head of the agency shall be given due notice,
in writing, at least 45 days before the end of her maternity leave:
Provided, finally, that no prior notice shall be necessary in the event of
a medical emergency, but subsequent notice shall be given to the head
of the agency.
Maternity leave of 60 days, with full pay, shall be granted for
miscarriage or emergency termination of pregnancy.
MATERNITY LEAVE FOR FEMALE WORKERS IN THE PRIVATE SECTOR
(Section 5)
Any pregnant female worker in the private sector shall be granted
1. a maternity leave of 105 days with full pay, regardless of
whether she gave birth via caesarian section or natural
delivery; while
2. maternity leave of 60 days with full pay shall be granted for
miscarriage or emergency termination of pregnancy.
For female members of Social Security System (SSS)
Who are covered?
Female member who has paid at least 3 monthly contributions in the
12-month period immediately preceding the semester of her childbirth,
miscarriage, or emergency termination of pregnancy.
Maternity Benefits
1. The employee shall be paid her daily maternity benefit which shall
be computed based on her average monthly salary credit for 105
days, regardless of whether she gave birth via caesarian section
or natural delivery, subject to the following conditions:
a. the female worker shall notify her employer of her pregnancy
and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and
regulations it may provide;
b. the full payment shall be advanced by the employer within 30
days from the filing of the maternity leave application;
c. that payment of daily maternity benefits shall be a bar to the
recovery of sickness benefits provided under Republic Act No.
1161, as amended, for the same period for which daily maternity
benefits have been received;
d. the SSS shall immediately reimburse the employer of 100% of
the amount of maternity benefits advanced to the female worker
by the employer upon receipt of satisfactory and legal proof of
such payment; and
e. if the female worker should give birth or suffer a miscarriage or
emergency termination of pregnancy without the required
3|P age
 SOCIAL LEGISLATION
Atty. Ralph Mendoza
contributions having been remitted for her by her employer to
the SSS, or without the latter having been previously notified by
the employer of the time of the pregnancy, the employer shall be
pay to the SSS damages equivalent to the benefits which said
female member would otherwise have been entitled to.
2. An additional maternity leave of 30 days, without pay, can be
availed of, at the option of the female worker:
Provided, that the employer shall be given due notice, in
writing, at least 45 days before the end of her maternity leave:
Provided, further, no prior notice shall be necessary in the
event of a medical emergency, but subsequent notice shall
be given to the head of the agency.
3. Workers availing of the maternity leave period and benefits must
receive their full pay. Employers from the private sector shall be
responsible for payment of the salary differential between the
actual cash benefits received from the SSS by the covered female
workers and their average weekly or regular wages, for the entire
duration of the maternity leave, with the following exceptions,
subject to the guidelines to be issued by the Department of Labor
and Employment (DOLE):
a. distressed establishments;
b. retail/service establishments and other enterprises
employing not more than 10 workers
c. micro-business enterprises and engaged in the production,
processing or manufacturing of products or commodities
including agro-processing, trading and services, whose total
assets are not more that PhP 3,000,000 in accordance with
the Barangay Micro Business Enterprises Act of 2002; and
d. enterprises already providing similar or more than the
benefits provided in RA 11210
ALLOCATION OF MATERNITY CREDITS
(Section 6)
The female worker may allocate her maternity leave benefits up to 7
days to:
1. child’s father, whether or not married to the female worker; or
2. upon election of the mother taking into account the best interest of
the child, an alternate caregiver in case of death, absence, or
incapacity of the child father who can be either
a. a relative within the fourth degree of consanguinity; or
b. the current partner, regardless of sexual orientation or gender
identity, of the female worker sharing the same household.
The female worker shall notify her employer of her option to allocate
with her application for maternity leave. Likewise, the child’s father or
the alternate caregiver shall notify his/her employer of the allocated
leave and the inclusive dates.
MATERNITY LEAVE FOR WOMEN REGARDLESS OF CIVIL STATUS
(Section 7)
All female workers in the government and female members of the SSS,
regardless of their civil status, shall be granted maternity leave, with full
pay, upon compliance with the preceding section.
AFTER TERMINATION OF EMPLOYEE’S SERVICE
(Section 8)
In case of childbirth, miscarriage, or emergency termination of
pregnancy, the worker shall be granted maternity leave with full pay
even if it occurs not more than 15 calendar days after the termination
of an employee’s service, as her right thereto has already accrued.
Group Members: Advincula, Arellano, Bansuan, Calipayan, Crespo, De Castro, Ebol, Furia, Go, Legaspi, Malicay, Nengasca, Pe Benito, Raz Sambrano & Verana
Group 1
II- Manresa (SY: 2019-2020)
In case of termination without just cause, the period is not applicable,
in which case the employer will pay her full amount equivalent to her
salary for 105 days for childbirth and 60 days for miscarriage or
emergency termination of pregnancy based on her full pay.
MATERNITY LEAVE CREDITS
(Section 9)
Maternity leave can be used as combinations of prenatal and postnatal
leave provided that it does not exceed 105 days and the compulsory
postnatal care shall not be less than 60 days.
MATERNITY LEAVE BENEFITS FOR WOMEN IN THE INFORMAL AND
VOLUNTARY CONTRIBUTORS TO THE SSS
(Section 10)
Female workers in the informal economy are entitled to maternity leave
benefits if they have remitted to the SSS at least 3 monthly
contributions in the 12-month period immediately preceding the
semester of her childbirth, miscarriage, or emergency termination of
pregnancy.
MATERNITY BENEFITS FOR FEMALE WORKERS WHO ARE NON-
MEMBERS OF THE SSS
(Section 11)
For non-members, they shall be governed by the PHILHEALTH.
NON-DIMINUTION OF BENEFITS
(Section 14)
Nothing in this Act shall be construed as to diminish existing maternity
benefits currently enjoyed whether or not these are granted under
collective bargaining agreements (CBA) or present laws, if the same are
more beneficial to the female worker. Any other working arrangement
which the female worker shall agree to, during the additional maternity
leave period, shall be allowed:
Provided, this shall be consented to in writing by the female worker and
shall primarily uphold her maternal functions and the requirements of
postnatal care.
SECURITY OF TENURE
(Section 15)
Those who avail of the benefits, shall be assured of security of tenure.
Also, it shall not be used as basis for demotion in employment or
termination. Reassignment is allowed provided it shall not involve
reduction in rank, status, salary, or otherwise amount to constructive
dismissal.
PENALTIES
(Section 18)
Whoever fails or refuses to comply with the provisions of this Act shall
be punished by a fine of not less than Twenty thousand pesos
(₱20,000.00) nor more than Two hundred thousand pesos
(₱200,000.00), and imprisonment of not less than six (6) years and one
(1) day nor more than twelve (12) years or both. If the act or omission
penalized by this Act shall be committed by an association, partnership,
corporation, or any other institution, its managing head, directors, or
partners shall be liable to the penalties provided in this Act for the
offense.
Failure on the part of any association, partnership, corporation, or
private enterprise to comply with the provisions of this Act shall be a
ground for non-renewal of business permits.
4|P age
 SOCIAL LEGISLATION Group 1
Atty. Ralph Mendoza II- Manresa (SY: 2019-2020)

- up to 7 days of leave credits may be allocated to the child’s father,

whether or not the same is married to the female worker, provided the
following requisites:
PATERNITY LEAVE ACT OF 1996 1) the mother/female worker is entitled to Maternity
REPUBLIC ACT NO. 8187 Leave as provided for in RA 11210
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH 2) written notice thereof is provided to the employer of
FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND the mother/female worker
PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE
LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR note: the said benefit is on top of what is provided under
OTHER PURPOSES. RA 8187 (maximum paternity leave of 14 days)

PATERNITY LEAVE, DEFINED B. in case of death or permanent incapacity of the mother/female

SECTION 3 worker
- benefits granted to a married male employee allowing him not to report - the balance of her maternity leave benefits shall accrue to the
for work but continues to earn the compensation therefor for purposes father of the child
of enabling him to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born child

COVERAGE
SECTION 2
A. who are covered?
- every married male employee in the private and public sectors

B. benefits granted
- paternity leave of seven (7) days
- full pay for the first four (4) deliveries of the legitimate spouse with
whom he is cohabiting

C. application for Paternity Leave

- the male employee applying for paternity leave shall notify his employer
of:
1) the pregnancy of his legitimate spouse; and
2) expected date of delivery

note: the term “delivery” includes childbirth or miscarriage

PENALTIES
SECTION 5
A. violation by any person
1) imprisonment of not less than thirty (30) days nor more than
six (6) months; or
2) fine not exceeding twenty-five thousand pesos (P25,000)
B. violation by a juridical person
i. who are liable?
- officers of the corporation, trust, firm, partnership, or
association directly responsible therefor, including but not
limited to:

a) president
b) vice-president
c) chief executive officer
d) general manager
e) managing director
f) partner

ii. penalties
1) imprisonment of not less than thirty (30) days nor more
than six (6) months; or
2) fine not exceeding twenty-five thousand pesos (P25,000)

ALLOCATION OF MATERNITY LEAVE CREDITS

(in relation to RA 11210)

SECTION 6, RA 11210
A. what may be allocated?

Group Members: Advincula, Arellano, Bansuan, Calipayan, Crespo, De Castro, Ebol, Furia, Go, Legaspi, Malicay, Nengasca, Pe Benito, Raz Sambrano & Verana 5|P age