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AT A GLANCE:
Battered Woman Leave refers to paid leave of absence of up to ten (10) days given to female employees who are victims of violence under Republic Act No. 9262 or the Anti-Violence Against Women and their Children (VAWC) Act of 2004.
Battered Woman Leave refers to paid leave of absence of up to ten (10) days given to female employees who are victims of violence under Republic Act No. 9262 or the Anti-Violence Against Women and their Children (VAWC) Act of 2004.
Female employees who are victims of violence, as defined under Republic Act No. 9262 shall be entitled to the paid leave benefit of up to (10) days with full pay, consisting of basic salary and mandatory allowances. This leave benefit shall cover the days that such female employee has to attend to medical or legal concerns in relation to the said law.
This ten-day paid leave benefit is in addition to other paid leaves under existing labor laws, company policies, and/or collective bargaining agreement that a qualified female employee shall be entitled to. The said leave shall be extended when the need arises, as specified in the protection order issued by the barangay or the court. (Leave for Victims of Violence against Women and their Children, 2022 Handbook of Statutory Monetary Benefits)
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.
xxx” (Section 43, R.A. No. 9262)
To be entitled to the leave benefit, the female employee must to present to her employer a certification that an action relative to the matter has been filed and is on-going. This certification may be secured from any of the following, as the case may be: (1) barangay chairman, (2) barangay councilor, (3) prosecutor, or (4) the Clerk of Court where the action is pending.
Question: May a covered female employee choose not to avail of the Battered Woman Leave?
Answer: Yes. The usage of the ten-day leave shall be at the option of the covered female employee. In the event that the leave benefit is not availed of, it shall not be convertible into case and shall not be cumulative. (Leave for Victims of Violence against Women and their Children, 2022 Handbook of Statutory Monetary Benefits)
Question: May an employer refuse to grant Battered Woman Leave benefits to a covered female employee?
Answer: No. An employer who denies the application for leave, and who shall prejudice the female employee or any person for assisting a co-employee who is a covered female employee shall be held liable for discrimination and violation of Republic Act No. 9262.
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.
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, R.A. No. 9262)
Read also: What is the rule on the allocation of maternity leave credits?
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