MATERNITY LEAVE PATERNITY LEAVE PARENTAL LEAVE FOR SOLO PARENTS LEAVE FOR VICTIMS OF VIOLENCE SPECIAL LEAVE

LEAVE FOR VICTIMS OF VIOLENCE SPECIAL LEAVE FOR WOMEN Service Incen ve Leave
RA 8282, as amended by RA 11210 (RA 8187) (RA 8972, as amended by RA 11861x) AGAINST (RA 9710) (Ar cle 95)
WOMEN AND THEIR CHILDREN (VAWC)
(RA 9262)
Descrip on  paid leave granted to a female  granted to a married  granted to a qualified solo parent  vic m of violence against  paid leave granted to a female  5 days paid leave for
employee for every instance of male/ ”cohabi ng” women and their children employee allowing her to recuperate employees who
pregnancy, miscarriage, and allowing her to a end to following surgery caused by rendered at least 1 year
emergency termina on of medical and legal gynecological disorders for a period of of service
pregnancy, regardless of up to two (2) months.  Can be used as sick,
frequency vaca on, and other
leave purposes.
Coverage  female employees, regardless of  all married male 1. A parent who provides sole parental care and  all female employees who are  all qualified female employees who  Exemp on:
civil status, employment status, employees, regardless of support of the child or children due to – vic ms of VAWC have undergone surgery due to - Government employees
and the legi macy of her child. employment status (e.g.,  Birth as a consequence of rape, even without  VAWC, as used in RA9262, gynecological disorder. - Persons in the personal
proba onary, regular, final convic on “refers to any act or a series of service of another
contractual, project basis).  Death of the spouse; acts commi ed by any person - Managerial employees,
 Deten on of the spouse for at least three (3) against a woman who is his managerial staff/officer
months or service of sentence for a criminal wife, former wife, or against a - Field
convic on; woman with whom the person personnel/unsupervised
 Physical or mental incapacity- cer fied by has or had a sexual or da ng by employer
medical prac oner rela onship, or with whom he - Enjoying this benefit
 Legal separa on (6 months) has a common child, or against - Who has leave provided
 Annulment of marriage her child whether legi mate or by company (at least 5
 Abandonment by the spouse for at least six illegi mate, within or without days)
(6) months; the family abode, which result - Employing less than 10
2. Spouse or any family member of an Overseas in or is likely to result in workers
Filipino Worker (OFW); belongs to the physical, sexual, psychological
low/semi-skilled worker category; away from harm or suffering, or economic
PH uninterrupted period of twelve (12)  abuse including threats of such
months acts, ba ery, assault, coercion,
3. Unmarried mother or father harassment or arbitrary
4. Legal guardian, adop ve or foster parent depriva on of liberty.”
5. Any rela ve within the fourth (4th) civil
degree of consanguinity or affinity of the
parent (absence of parents for at least 6
months);
6. A pregnant woman
Dura on  105 days with full pay  7 days with full payment  7 days, forfeitable, non-cumula ve  ten (10) days with full pay  special leave benefit of two (2) months  5 days paid leave
 15 days with full pay addi onal  granted to an employee  Every year regardless of employment status  leave shall be extended when with full pay
for solo parent before, during, and a er who has rendered service of at least six (6) the need arises specified in the
 30 days addi onal without pay delivery of wife provided, months protec on order issued by the
(op onal) that the total number of barangay or the court.
 combina ons of prenatal and days shall not exceed
postnatal leave as long as it does seven (7) days for each
not exceed one hundred five delivery.
(105) days and provided that
compulsory postnatal leave shall
not be less than sixty (60) days
 60 days with full pay for
miscarriage or emergency
termina on of pregnancy
 7 days transferable
 0 cap no. of pregnancies
Condi ons for  at least three (3) monthly  employee at the me of  rendered at least six (6) months of service  employee to present to her  Employee must have served at least 6  In service for at least 1
En tlement contribu ons to the SSS in the delivery of his child (broken or con nuous) employer a cer fica on from months in the last 12 months year, either con nuous
twelve-month period  cohabi ng with his spouse  no fied their employer of the availment the barangay chairman or broken
at the me that she gives (punong barangay), barangay
  no fied the employer of birth or suffers a  presented a valid Solo Parent Iden fica on councilor (barangay kagawad),  filed an applica on for special leave to
pregnancy and date of childbirth miscarriage Card (SPIC) prosecutor, or Clerk of Court employer (before expected date of
 applied for paternity leave surgery)
with his employer within a  undergone surgery due to gynecological
reasonable period of me disorders as cer fied by a competent
from the expected date of physician.
delivery; applica on not
required for miscarriage
 wife has given birth or
suffered a miscarriage
Frequency of  every instance of pregnancy,  first four (4) deliveries of  (7) working days with pay shall be granted  10 days  every instance of surgery due to  yearly
Availment miscarriage, or early termina on the employee’s lawful wife every year. gynecological disorder
with whom he is  maximum total period of two (2)
cohabi ng months/6o calendar days
Addi onal  not conver ble to cash if  available in both the government and the  not conver ble into cash, and  “Gynecological disorders” refers to  conver ble to cash
notes: unused private sector cumula ve. disorders that would require surgical
 “cohabi ng” means the  Child” or “dependents” - unmarried, procedures such as, but not limited to
obliga on of the husband unemployed and twenty-two (22) years old dilata on and cure age and those
and wife to live together or below; or 22 up with physical or mental involving female reproduc ve organs
 Even if not living together, disability or condi on. such as the vagina, cervix, uterus,
male employee is s ll  Qualified solo parents may apply for their fallopian tubes, ovaries, breast, adnexa
en tled of the leave SPIC at the Social Welfare and Development and pelvic floor, as cer fied by a
benefit Officer of the city or municipality of their competent physician. It shall also
residence. include hysterectomy, ovariectomy and
 Change status -no longer benefit mastectomy.
 non-cumula ve and non-conver ble to
cash
 THIRTEENTH-MONTH PAY SEPARATION PAY RETIREMENT PAY
(PD 851) (Ar cles 298-299) (Ar cle 302)
Defini on 1/12 of the total basic salary earned by an employee within a calendar  terminated from employment due to AUTHORIZED CAUSES  for re ring employees
Coverage  rank-and-file employees  En tlement depends on grounds of employment termina on  60-65 yrs old; 5 years of service on the establishment
 worked for at least one (1) month  Authorized cause = separa on pay All except:
Not covered:  Government employees
 government employees  Less 10 workers
 employers paying 13th month pay at the me of the issuance
of PD 851
 household helpers and persons in the personal service
 commission, boundary, or task basis, and those who are paid
a fixed amount for performing specific work,
Covered:
 piece-work basis
 paid a fixed or guaranteed wage plus commission (based on
their earnings during the calendar year)
 Employees with mul ple employers.
 Resigned or Separated Employee (pro-rated)
 Female Employee on Maternity Leave
Amount/ Computa on  shall not be less than 1-month basic salary 1. One-Half (1/2) Month Pay per Year of Service  ½ month salary for every year of service
Not included: - 6 months considered as 1 year
- allowances and monetary benefit - Minimum of 1 month pay
- cash equivalent of unused vaca on and sick leave credits Authorized causes:
- over me, premium, night shi differen al and holiday pay, a. Retrenchment to prevent losses (i.e., reduc on of personnel effected by management to
prevent losses);
b. Closure or cessa on of opera on of an establishment not due to serious losses or
financial reverses;

c. When the employee is suffering from a disease not curable within a period of six (6) Formula:
months; he is already a risk to self and others Minimum Re rement Pay
d. Lack of service assignment of security guard for a con nuous period of six (6) months; = Daily Rate x 22.5 days x # of years in service
e. Lack of service assignment of a worker in a contrac ng or subcontrac ng arrangement
for a con nuous period of three (3) months. Re rement benefits of:
- Under CBA – age and terms depending on the CBA
Authorized causes: - Paid by results (no fix monthly rate); basis for the determina on
a. Installa on of labor-saving device of the salary for fi een (15) days shall be their average daily
b. Redundancy salary (ADS).
c. Impossible reinstatement of the employee- employer’s fault - Part- me workers – ½ month salary/ yrs. of service
d. Lack of service for SG – age 60 yrs. old; 5 yrs. Service
 Computa on based on latest salary. - Mine Employees –60 yrs. old; 50 yrs. old (op on); 5 yrs. Service
 Basic salary + allowances - Racehorse Jockeys – 55 yrs. Old/5 yrs. Service; paid premium sss
- Op onal or compulsory re rement – propor onate of 13th
- month pay; accrued leave benefits (cash)

Time of payment  not later than December 24

Other details  13th month pay - not part of the regular wage  Tax exempted Tax exempt if:
 Above ₱90,000.00 - taxable (combined bonus, incen ve,  Wri en no ce be given to DOLE and EMPLOYEE at least 1 month  same employer for at least ten (10) years and is not less than
cash gi s, etc) fi y (50) years of age at the me of his re rement:
 Mandatory