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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- Victims of Republic Act No. 9262 or the Anti-Violence against Women and her Children shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. (Section 43, R.A. No. 9262)
“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.
It includes, but is not limited to physical, sexual, psychological violence and economic abuse.
10-day VAWC Leave
Female employees in both private and public sector who are victims or victim-survivors of violence or abuse as defined under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act, are entitled to a leave of absence with full pay for a period of up to ten (10) days.
The law says:
“SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.” (Section 43 (a), R.A. No. 9262)
This leave benefit shall cover the days when the victim-employee has to attend to medical or legal concerns. It must be noted that the 10-day leave shall be at the option of the victim-employee.
As such, the leave credits, if availed are not cumulative and not convertible to cash. If unused, these leave credits are deemed waived.
Requirements for the entitlement to the 10-day VAWC Leave
To be entitled to the 10-day VAWC leave, the victim-employee must present to her employer a certification that an action for VAAWC has been filed or is pending. This certification may be issued by the Punong Barangay or Barangay Captain, a barangay kagawad, a prosecutor or the clerk of court, as the case may be.
The victim employee may show a police report indicating the details of the incidence of violence and/or a medical certificate, but subject to the discretion of the victim-employee’s immediate supervisor.
Question: May the employer be held liable for discrimination, violation of R.A. 9262, or denial of the right of application for leave?
Yes, the law says:
“Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.” (Section 43 (a), R.A. No. 9262)
Related article: Working Mother-Baby-Friendly Establishments under the Expanded Breastfeeding Promotion Act of 2009
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