VAWC Leave

Summary

⦁ 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.

⦁ The employee is required to submit a Certification of Pending Action.

⦁ The benefit is non-convertible to cash, and non-cumulative.

1. Concept

Female employees who have been subjected to violence, including their children, by their romantic partners, whether male or female, are extended leave credits with full pay to be used at her own discretion. (R.A. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004”)

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.” (Ibid.)

2. The benefit

The benefit consists of ten (10) working days of leave credits with full pay.

This benefit may be extended depending on the protection order that may be issued by the Barangay or the Court.

3. The Computation

The leave credit is equal to the basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.

4. 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.

5. Conditions for entitlement

The only condition for entitlement is that: the female employee presents a Certificate of Pending Action as proof that an action is pending relative to the violence, issued by either the Barangay Chairman/Councilor, Prosecutor, or Clerk of Court.

6. 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.

7. 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 in order to add such leave credits to any subsequent incidence.

8. Employment contract, company policies, CBA

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.

References

Republic Act No. 9262, a.k.a. Anti-Violence Against Women and Their Children Act of 2004

2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

/Updated: January 3, 2023

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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