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RA 9262

This law which referred to Anti-Violence Against Women and their Children
approved on March 8, 2004 allows the victim of violence, which may be physical,
sexual or psychological, to apply for the issuance of a protection order. It will
shield her from further violence and give her related reliefs. If the victim is an
employee, she will be entitled to a paid leave up to ten days in addition to other
paid leaves under the Labor Code, other laws, and company policies. It is also
worthy to note that the leave can be extended when the necessity arises as
noted in the protection order.
A requirement to apply for the battered woman leave is a certification obtained
from the Barangay Captain or Kagawad or prosecutor or the clerk of court that an
action based on R. A. 9262 has been filed and is pending. The use of the ten-day
leave is at the option of the woman employee. It shall be used for the days that
she need to attend to medical and legal concerns. Leaves not availed of are noncumulative and not convertible to cash. Indeed, the battered woman leave is
useful for women as victims of violence. Lastly, this law is only applicable in the
Philippines.
Sec. 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 Sec. 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.

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