Part 1 -
NCR Minimum Wage, COLA, Normal Hours of Work, Rest Day, Meal Period
Part 2 -
Holiday Pay, Conditions for Entitlement and How to compute Holiday Pay
Part 3 -
Premium Pay, Overtime Pay and Night Shift Differential
16. WHAT ARE THE LEAVE BENEFITS THAT AN EMPLOYEE IS ENTITLED TO UNDER EXISTING LAWS?
a. 5 days service incentive leave with pay for employee who has rendered at least 1 year of service. (Article 95 of the Labor Code, as amended)
b. Maternity Leave with pay of 60 days for normal delivery and 78 days for caesarian section delivery for every pregnant employee in the private sector, whether married or unmarried. A female employee should be an SSS member and must have paid at least 3 monthly contributions within the 12-month period. (RA 1161, as amended by RA 8282)
c. 7 days Paternity Leave with pay for all married male employees in the private sector regardless of status of employment, to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child, provided he is: (RA 8187)
1. An employee at the time of the delivery of his child;
2. Cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;
3. Applied for paternity leave with his employer within a reasonable period of time; and
4. His wife has given birth or suffered a miscarriage.
d. 7 days Solo Parent Leave with pay is granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required provided he/she has: (RA 8972)
1. Rendered at least 1 year of service, whether continuous or broken which includes authorized absences and paid regular holidays;
2. Notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
3. Presented Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
e. 10 days Leave with pay for Victims of Violence Against Women and their Children (VAWC) is granted to women employees who are victims of physical, sexual, psychological harm or suffering, or economic abuse. The leave benefit shall cover the days that the woman employee has to attend to medical and legal concerns, provided that: (RA 9262)
The victim woman employee presents to her employer a certification from the barangay chairman (Punong Barangay) or barangay kagawad or prosecutor or the Clerk of Court that an action relative to the matter is pending.
f. Special Leave for Women of maximum 2 months with full pay who have rendered continuous aggregate employment service of 6 months for the last 12 months, following surgery caused by gynecological disorders. (RA 9710)
17. WHEN CAN A WOMAN EMPLOYEE AVAIL OF SPECIAL LEAVE BENEFITS?
A woman employee regardless of age and civil status, can avail of special leave benefits after she has undergone surgery due to gynecological disorder without prejudice to an employer allowing her to receive her pay before or during the surgery.
