VAWC Leave

VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work. The benefit consists of ten (10) working days of leave credits with full pay.

1. Concept

VAWC – refers to violence against women and their children. (See R.A. 9262, Anti-Violence Against Women and Their Children Act of 2004, Section 43)

VAWC leave credits – refer to leave credits with full pay of up to ten (10) days extended to women employees who have been the victims of violence, including their children, by their romantic partners, whether male or female. (See R.A. 9262, Anti-Violence Against Women and Their Children Act of 2004, Section 43)

Violence 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 will 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.’ (R.A. 9262, Section 3[a])

a. Legal basis

The following is the legal bases:

Legal BasisProvisions
R.A. 9262Section 43

2. The benefit

The BenefitComputation
VAWC Leave10 days with full pay
Basic salary, including mandatory and/or integrated allowances.
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.

a. Computation

Since it is a ‘paid leave’, the leave credit is equal to the basic salary, including mandatory and/or integrated allowances.

The benefit should not be less than the minimum wage.

1) 10 days of leave

Per Section 43 of R.A. 9262, the VAWC leave credits are paid leave of ‘up to ten (10) days in addition to other paid leaves under the Labor Code…’

NB: The ten (10) leave credits are applied only on working days since these are leave credits used to excuse a woman employee from work. Otherwise stated, the leave credits should not be applied to non-working days, such as weekends (if there is no work), regular holidays, special non-working days, and all other non-working days.

2) Full pay

The VAWC leave credit is a ‘paid leave.’ Thus, it is a leave credit with full pay. Otherwise stated, women employees using such leave credits will be paid as if they have worked on the days when they were absent after applying such leave credits.

3) Extendible

As provided in Section 43, the leave credits of up to 10 days is ‘extendible when the necessity arises as specified in the protection order.’

b. Usage

The benefit is designed to grant a female employee leave credits to be used at her own discretion. The law does not specifically require that the covered female employee use the said leave credits for a specific purpose, instead the decision is granted to her. Thus, she may use it for personal recovery such as attending to her mental health and well-being. (See DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits)

c. Non-cumulative

The benefit is not cumulative. This means that the covered female employee cannot add the unused leave credits for when she has been subjected to violence in the context of R.A. 9262 to add such leave credits to the next year for any subsequent violence.

d. Non-convertible to cash

The benefit is not convertible to cash. This means that the covered female employee is unable to convert to cash the leave credits if they are unused by the end of the year – unlike service incentive leaves. That is because the purpose of the VAWC leave credits is to afford the covered female employee the opportunity to attend to legal, medical, or personal concerns in relation to the violence that was committed against her or her children in the context of R.A. 9262.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:
x x x
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.
This benefit may be extended depending on the protection order that may be issued by the Barangay or the Court.

(R.A. 9262)

Under Section 8, protection orders may be granted by either of the following

1) Barangay Protection Order (BPO);

2) Temporary Protection Order (TPO); and

3) Permanent Protection Order (PPO).

NB: There is no cap/ceiling/limit on the extension of the leave credit.

3. Conditions for entitlement

The conditions for entitlement are as follows:

1) That the female employee presents a Certificate of Pending Action as proof that an action is pending relative to the violence; and

2) Such certificate is issued by either the Barangay Chairman/Councilor, Prosecutor, or Clerk of Court.

4. Favorable employee stipulations

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

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