PD 442 LABOR CODE

Article 95. Right to service incentive leave. 

(a) Every employee who has rendered at least one year of service shall be entitled to a yearly
service incentive leave of five days with pay.
(b) This provision shall not apply
1. To those who are already enjoying the benefit herein provided,
2. Those enjoying vacation leave with pay at least five days
3. And those employed in establishments regularly employing less than ten employees

Meaning of "one year of service" - service within twelve (12) months, whether
1. continuous or broken,
2. reckoned from the date the employee started working,
3. including authorized absences
4. and paid regular holidays

Service incentive leave is commutable to cash if unused at the end of the year.

The basis of computation of service incentive leave is the salary rate at the date of
commutation

Grant of vacation leave or sick leave may be considered substitute for service incentive leave

Driver is covered by Labor Code-If required to be at specific places at specific times,

employees including drivers cannot be said to be field personnel despite the fact that
they are performing work away from the principal office of the employee.

Take note of those who are covered and not:

Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments
and undertakings whether for profit or not, but not to government employees, managerial
employees, field personnel, members of the family of the employer who are dependent on
him for support, domestic helpers, persons in the personal service of another, and workers
who are paid by results as determined by the Secretary of Labor in appropriate regulations.

As used herein, "managerial employees" refer to those whose primary duty consists of the
management of the establishment in which they are employed or of a department or
subdivision thereof, and to other officers or members of the managerial staff.

"Field personnel" shall refer to non-agricultural employees who regularly perform their
duties away from the principal place of business or branch office of the employer and
whose actual hours of work in the field cannot be determined with reasonable certainty.

- Establishments employing less than 10 employees are exempted

- The practice in giving this incentive must be consistent and deliberate, and must not be
due to a doubtful question of law
- PRESCRIPTIVE PERIOD: 3 years- starts from the time the employer refuses to pay the
monetary equivalent upon demand
Accrual of benefit, Entitlement to the benefit provided in this Rule shall start December 16, 1975, the date
the amendatory provision of the Code took effect.

Treatment of benefit, The service incentive leave shall be commutable to its money equivalent if not used
or exhausted at the end of the year.

Relation to agreements, Nothing in the Rule shall justify an employer from withdrawing or reducing any
benefits, supplements or payments as provided in existing individual or collective agreements or
employer’s practices or policies.

Article 291 of the Labor Code states that all money claims arising from employer-employee
relationship shall be filed within three (3) years from the time the cause of action accrued;
otherwise, they shall be forever barred.

The three (3)-year prescriptive period commences, from the time the employer refuses to pay
its monetary equivalent after demand of commutation or upon termination of the employee’s
services, as the case may be.

Article 133. Maternity leave benefits. 

(a) Every employer shall grant to any pregnant woman employees who has rendered an
1. Aggregate service of at least six months for the last twelve months,
2. maternity leave of at least two weeks prior to the expected date of delivery and another
four weeks after normal delivery or abortion,
3. With full pay based on her regular or average weekly wages.
4. The employer may require from any woman employee applying for maternity leave the
presentation of a medical certificate stating that delivery will probably take place within two
weeks.

(b) The maternity leave shall be extended

1. Without pay on account of illness medically certified to arise out of the pregnancy,
delivery, abortion or miscarriage, which renders the woman unfit for work,
2. Unless she has earned unused leave credits from which such extended leave may be
charged.

(c) The maternity leave provided in this Article shall be paid by the employer only for the first
four deliveries by a woman employee after the effectively of this Code.

What are maternity leave benefits?

A covered female employee who has paid at least three monthly maternity contributions in the twelve-
month period preceding the semester of her childbirth, abortion or miscarriage and who is currently
employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present
basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) days
subject to the following conditions:
(a) That the employee shall have notified her employer of her pregnancy and the probable date of her
childbirth which notice shall be transmitted to the SSS in accordance with the rules and
regulations it may provide;
(b) That the payment shall be advanced by the employer in two equal installments within thirty (30)
days from the filing of the maternity leave application;
 (c) That in case of caesarian delivery, the employee shall be paid the daily maternity benefit for 78
days;
(d) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits
provided by this Act for the same compensable period of sixty (60) days for the same childbirth,
abortion or miscarriage;
(e) That the maternity benefits shall be paid only for the first four deliveries after March 13, 1973;
(f) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the
amount of maternity benefits advanced to the employee by the employer upon receipt of
satisfactory proof of such payment and legality thereof; and
(g) That if an employee should give birth or suffer abortion or miscarriage without the required
contributions having been remitted for her by her employer to the SSS, or without the latter
having been previously notified by the employer of the time of the pregnancy, the employer shall
pay to the SSS damages equivalent to the benefits which said employee would otherwise have
been entitled to, and the SSS shall in turn pay such amount to the employee concerned. (R. A.
7322, March 3, 1992).

Is an unmarried pregnant woman entitled to maternity leave benefits?

Every pregnant woman in the private sector, whether married or unmarried, is entitled to the maternity
leave benefits.
th
Are maternity leave benefits included in the computation of 13 month pay?
Maternity benefits, like other benefits granted by the SSS, are granted to employees in lieu of
wages and, therefore, may not be included in computing the employee’s 13th-month pay for the calendar
year.

Are voluntary or self-employed members of the SSS entitled to maternity leave benefits?
Voluntary or self-employed members are not entitled to the maternity benefit because to be
entitled thereto, corresponding maternity contributions should be paid by employers. Voluntary or self-
employed members have no employers so they do not have maternity contributions.

Points to GIVEN EMPHASIS:

- 60 days leave for normal delivery
- 78 days leave for cesarean
- Can be availed of during the first 4 deliveries, either normal or miscarriage
- Legitimate or illegitimate
- Requirement:
That the employee shall have notified her employer of her pregnancy and the probable 
date of child birth.
- The full payment shall be advanced by the employer within thirty (30) days from the filin
g of the maternity leave application.
- That payment of daily maternity benefits shall be a bar to the recovery of sickness bene
fits for the same period for which daily maternity benefits have been received.
- Different from the 13th month pay
- Those who don’t have employees can still avail as long as they have contributed to SSS
RA 8187 PATERNITY LEAVE
What is paternity leave?
“Paternity leave” refers to the benefit granted to a married male employee allowing him not to report for
work for seven (7) days (for each delivery for the first 4 deliveries) but continues to earn the
compensation therefor, on the condition that his spouse has delivered a child or suffered miscarriage for
purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the
nursing of the newly-born child. If paternity leave is not availed of, it is not convertible to cash.
What is “delivery”?
“Delivery” shall include childbirth or any miscarriage.
What is meant by “spouse”?
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally
married to the male employee concerned.
What is meant by “cohabiting”?
“Cohabiting” refers to the obligation of the husband and wife to live together.

Paternity leave available only for the 1st four deliveries of the legitimate spouse
with whom the husband is cohabiting; delivery includes childbirth, miscarriage, or
abortion

shall not exceed 7 calendar days for each delivery

entitled to full pay
non-commutation of benefits
Requisites:
1. he is an employee at the time of delivery of his child
2. he is cohabiting with his spouse at the time she gives birth or suffers a
miscarriage
3. he has applied for paternity leave
4. his wife has given birth or suffered a miscarriage

Employee whether Regular or permanent – is not a requisites for entitlement to paternity leave

Not entitled to paternity leave when the wife leave with his parent

PATERNITY LEAVE (RA 8187)

- 7 days for the first 4 deliveries of the legitimate spouse with whom he is cohabiting
- Including govt. employees
- Not convertible to cash
- Can be availed of before, during delivery but not later than 60 days after delivery

RA 8972 THE SOLO PARENTS' WELFARE ACT OF 2000:

Parental leave- shall mean leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical presence is required.”
It bears noting that this leave privilege is an additional leave benefit which is separate and distinct from
any other leave benefits provided under existing laws or agreements.
Sec. 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not
more than seven (7) working days every year shall be granted to any solo parent employee who
has rendered service of at least one (1) year.”

What is meant by flexible work schedule under R. A. No. 8972?

Flexible Work Schedule - is the right granted to a solo parent employee to vary his/her arrival and
departure time without affecting the core work hours as defined by the employer. That the same shall not
affect individual and company productivity: Provided, further, That any employer may request exemption
from the above requirements from the DOLE on certain meritorious grounds.

Applicable to government employee

Solo parent– any individual who falls under any of the following categories:
(1) A woman who givers birth as a result of rape and other crimes against chastity even without a
final conviction of the offender: Provided, That the mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or
is serving sentence for a criminal conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental
incapacity of spouse as certified by a public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de
facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of
the children;
(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or
annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody
of the children;
7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse
for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of
having others care for them or give them up to a welfare institution;
(9) Any other person who solely provides parental care and support to a child or children;
(10) Any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.

- 7 working days leave

- Can be availed by those who has worked for at least 1 year of service whether
continuous or broken
- Employee must notify the employer within a reasonable period of time if he wants to
avail of the benefit
- The solo parent must possess the solo parent id which must be presented to the
employer that can be obtained from the DSWD
- Government employees can also avail of this benefit
- Not convertible to cash

R.A. 9262 Violence Against Women and their Children

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.
BATTERED WOMAN LEAVE
- 10 days with pay in addition to other benefits
- Certification must be obtained from a healthcare provider, physician, or any authorized
person to issue the same
- Must have filed a case
- Not convertible to cash

D.O. 112-11 Gynecological Disorder Leave

Medicine treating women: the branch of medicine that deals with women's health, especially with the
health of women's reproductive organs. Gynecologists are trained as surgeons to perform a number of
different procedures on the female genital tract

- Employee must have rendered continuous aggregate service for at least 6 months for
the past 12 months
- 2 months leave with full pay
- Following a surgery caused be gynecological disorders

Art. 96 SERVICE CHARGES

Service charges, all service charges collected by hotels, restaurants and similar establishments
shall be distributed at the rate of eighty-five percent (85%) for all covered employees and
fifteen percent (15%) for management. The share of the employees shall be equally distributed
among them. In case the service charge is abolished, the share of the covered employees shall
be considered integrated in their wages.
Remember:
- Hotels, restaurants, other similar establishments
- 85% shall be distributed to the employees, and 15% will go to the management
- Collection of the service charge can be abolished subject to management prerogative,
the shares of the employees shall be integrated in their wages
- How often?: every 2 weeks (not sure, but murag ang distribution sa service charges)