WORKING CONDITIONS FOR

SPECIAL GROUPS OF EMPLOYEES

TOPICS:
Maternity Leave and Paternity Leave
VAWC Victim’s Leave
Solo Parent’s Leave
Special Leave

Presented by:
Agus, Iris Gizelle
Cacho, Carlo Miguel
Fajardo, Loriedel
Tono, Kaye Dominique
Zaplan, Clarisse
3-D

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 A. MATERNITY LEAVE AND PATERNITY LEAVE

A.1 MATERNITY LEAVE:

- R.A. 1161, Social Security Act, as amended, Section 14-A
- R.A. 11210 105-Day Expanded Maternity Leave Law

R.A. 1161, SOCIAL SECURITY ACT, AS AMENDED, SECTION 14-A

- Superseded paragraphs (a) and (c) of Article 131 Maternity Leave Benefits of the Labor Code.

Coverage: ​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

Benefit granted: ​Daily maternity benefit equivalent to 100% of her average daily salary credit for sixty
(60) days or seventy eight (78) days in case of caesarian delivery.
◉ Note: this has already been extended to 105-day maternity leave under RA 11210, regardless
of the method of delivery.

Number of delivery/miscarriage covered: The maternity benefits shall be paid only for the first four (4)
deliveries or miscarriages.

To avail of the benefits, the following conditions must be satisfied:

1. Notification requirement:
a. Employer - employee will notify the employer on her wish to avail of the maternity leave
benefit.
b. SSS - said notice shall be transmitted by the employer to the SSS that maternity benefits
have been claimed and for reimbursement purposes.
2. Advance payment in two equal installments within thirty days from the filing;
◉ Note: 105-Day Expanded Maternity Leave Law: full payment shall be advanced
3. That the SSS shall immediately reimburse the employer of one hundred per cent of the amount of
maternity benefits advanced
4. In case of non-payment/ failure to notify: 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.
◉ Note:105-Day Expanded Maternity Leave Law: subject to the guidelines to be issued by
the DOLE. The following establishments are not required to pay on behalf of their
employee:
a. operating distressed establishments
b. retail/service establishments and other enterprises employing not more than ten
(10) workers
c. micro-business enterprises and engaged in the production, processing, or
manufacturing of products or commodities including agro-processing, trading,
and services, whose total assets are not more than Three million pesos
d. Those who are already providing similar or more than the benefits herein
provided.

R.A. 11210 105-DAY EXPANDED MATERNITY LEAVE LAW

Short title: ​105-Day Expanded Maternity Leave Law

Benefits granted:
● 105 days maternity leave (full pay)

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 ● Additional 15 days, for solo parents as defined in R.A. No. 8972 or the Solo Parents’ Welfare Act
of 2000
● Option to extend for 30 days without pay*
● Option to allocate up to seven (7) days of the maternity leave to the child’s father or the alternate
caregiver

* Extended maternity leave with pay is allowed, chargeable against the female employee’s sick leave
credits, and vacation leave credits in case her sick leave credits have been exhausted.

Qualification: ​Provided, That in case the worker qualifies as a solo parent under the "Solo Parents’
Welfare Act", she shall be granted an additional 15 days maternity leave with full pay.
● NOTE: Extended maternity leave of 30 days and that provided under the Solo Parents Act are
given only for LIVE CHILDBIRTH, regardless of the mode of delivery. This is not applicable in
instances of MISCARRIAGE AND EMERGENCY TERMINATION OF PREGNANCY

Granted to: ​ All covered female workers in government and the private sector, including those in the
informal economy, regardless of civil status or the legitimacy of her child, regardless of civil status.

Can be availed of at what instance of pregnancy: ​in every instance of pregnancy (pre-natal: leave
granted should not be more than 45 days prior to delivery), miscarriage or emergency termination of
pregnancy, regardless of frequency.

When granted:​ should be availed of either before or after the actual period of delivery in a continuous
and uninterrupted manner.
● Cannot be availed of in protracted basis
● Pending administrative case is not a bar.
● Includes saturdays, sundays, holidays

EXCEPTION to continuous and uninterrupted grant: ​Those granted 60 days maternity leave prior to
March 11, 2019 (the effectivity of this act) and have returned to work can resume and complete the
remaining 45 days.

Notification requirement:
● Additional 30 days leave without pay: at the option of the female worker, provided that the head of
agency (for public sector) or employer (for private sector) shall be given due notice, in writing, at
least forty-five (45) days before the end of her maternity leave
● No prior notice is necessary in the event of a medical emergency but subsequent notice shall be
given to the head of the agency.

Frequency of the grant: ​in every instance regardless of frequency of childbirth, miscarraige and
emergency termination of pregnancy.

Allocation of Maternity Leave Credits: at her option, allocate up to 7 days of said benefits to the child's
father or alternate caregiver.
Qualifications:
● Father:
■ whether or not the same is married to the female worker
■ benefit is over and above that which is provided under the "Paternity Leave Act of 1996
● Alternate caregiver:
■ Only in the death, absence, or incapacity of the father.
■ who may be a ​relative within the fourth degree ​of consanguinity or the ​current partner
of the female worker sharing the same household, ​upon the election of the mother.
■ written notice provided to the employers of the female worker and alternate caregiver.

Accrual of benefit balance in case of death or permanent incapacity of the female worker: ​That in
the event the beneficiary female worker dies or is permanently incapacitated, the ​balance of her maternity

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leave benefits shall accrue t​ o the father of the child or to a qualified caregiver as provided above.

Maternity leave with full pay AFTER THE TERMINATION​ ​of an employee’s service:
● Granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs ​not
more than fifteen (15) calendar days after the termination of an employee’s service
■ as her right thereto has already accrued.
● Exception to the period requirement: employment of the pregnant woman worker has been
terminated without just cause
■ employer will pay her the full amount equivalent to her salary for one hundred five (105)
days for childbirth and sixty (60) days for miscarriage or emergency termination of
pregnancy based on her full pay, in addition to the other applicable daily cash maternity
benefits that she should have received had her employment not been illegally
terminated.

A.2 PATERNITY LEAVE ACT

- R.A. 8187
- IRR OF THE PATERNITY LEAVE ACT
- CSC Memorandum Circular 01-2016 (CSC MC No. 01, s. 2016)
- Amendment to Section 20 of Omnibus Rules on Leaves on the Period Within Which to Avail of
Paternity Leave

R.A. 8187
COVERAGE
“Paternity leave” covers a married male employee allowing him not to report for work for seven (7)
CALENDAR days 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.

As this is an employer-linked entitlement, the implementing regulations require that employers provide a
Paternity Notification Form​, to be completed by the husband and submitted to the employer with a copy
of the marriage contract (or other proof of marriage) before the wife’s due delivery date.

NOTE (From Sir, non-verbatim): The paternity leave benefit is paid for by the employer. As for maternity
leave benefits, Private-sector employers must make full payment to employees within 30 days after
receiving a leave application. The SSS will reimburse the employers. With some exceptions, employers
will be responsible for the payment of the salary differential between the cash benefit received from the
SSS and the employee’s actual weekly or regular wage for the duration of the leave. The Department of
Labour and Employment (DOLE) will issue guidelines. Companies whose maternity benefits meet or
exceed the statutory minimum will be exempt from the law, subject to annual ratification by the DOLE.

DEFINITIONS
● “Delivery”​ includes childbirth or any miscarriage.
● “Spouse” refers to the lawful wife. For this purpose, “lawful wife” refers to a woman who is
legally married to the male employee concerned.
● “Cohabiting” r​efers to the obligation of the husband and wife to live together.
● “Delivery”​ includes childbirth or any miscarriage.
● “Spouse” refers to the lawful wife. For this purpose, “lawful wife” refers to a woman who is
legally married to the male employee concerned.
● “Cohabiting” ​refers to the obligation of the husband and wife to live together.

What is the covered total number of deliveries?

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 - Every married employee in the private and public sectors is entitled to a paternity leave of seven
(7) calendar days with full pay for the first four (4) deliveries of the legitimate spouse with whom
he is cohabiting.
- Paternity leave benefits are granted to the qualified employee after the delivery by his wife,
without prejudice to an employer allowing an employee to avail of the benefit before or during the
delivery, provided that the total number of days should not exceed seven (7) calendar days for
each delivery.

IRR OF THE PATERNITY LEAVE ACT

Conditions for entitlement
1. He is married;
2. He is an employee at the time of the delivery of his child
3. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage
4. He has applied for paternity leave with his ER within a reasonable period of time from the
expected date of delivery by his pregnant spouse, or within such period as may be provided by
company rules and regulations, or by CBA; and,
5. His wife has given birth or suffered a miscarriage. [Sec. 3, IRR, RA 8187]

Usage of the benefit

Usage of the leave shall be after the delivery, without prejudice to an employer’s policy of allowing the
employee to avail of the benefit before or during the delivery, provided that the total number of days shall
not be more than 7 days for each covered delivery. [Sec. 5, IRR, RA 8187]

Is an unavailed paternity leave benefit convertible to cash?

No. In the event that the paternity leave is not availed of, it shall not be convertible to cash and
shall not be cumulative. [Sec. 7, IRR, RA 8187]

Crediting of existing benefits

1. If the existing paternity leave benefit under the CBA, contract, or company policy is greater than 7
calendar days as provided for in RA 8187, the greater benefit shall prevail.
2. If the existing paternity leave benefit is less than that provided in RA 8187, the ER shall adjust the
existing benefit to cover the difference. [Sec. 9, IRR, RA 8187]

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Note: Where a company policy, contract, or CBA provides for an emergency or contingency leave without
specific provisions on paternity leave, the ER shall grant to the employee 7 calendar days of paternity
leave. [Sec. 9, IRR, RA 8187]

CSC MEMORANDUM CIRCULAR 01-2016 (CSC MC NO. 01, S. 2016)

AMENDMENT TO SECTION 20 OF OMNIBUS RULES ON LEAVES ON THE PERIOD
WITHIN WHICH TO AVAIL OF PATERNITY LEAVE
"WHEREFORE, the Commission hereby RESOLVES to amend Section 20 of the Omnibus Rules on
Leave, to read, as follows:

Section 20. Paternity Leave: Non-Cumulative/Non-Commutative. —

Paternity leave of seven (7) days shall be non-cumulative and strictly non-convertible to cash. The same
may be enjoyed either in a continuous or in an intermittent manner by the employee on the days
immediately before, during, and after the childbirth or miscarriage of his legitimate spouse.
Said leave shall be availed of not later than sixty (60) days after the date of child’s delivery.’”

Sir’s Q: Is this 60-day deadline applicable to employees from the private sector?
A: Technically NO, it only applies to the public sector employees (because this is an MC issued by the
CSC). But in practice, private companies use the same deadline -- if the father does not avail of the
paternity leave within 60 days after the child’s delivery, such leave can no longer be granted.

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 B. VAWC VICTIM’S LEAVE
- R.A. 9262, Anti-Violence Against Women and their Children Act, Section 3(a), 5, 43
- Rules and Regulations Implementing Republic Act No. 9262, Section 42

Definition of Violence Against Women and Children

Under Section 3 of RA 9262, it is defined as 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 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. It includes, but is not limited to, the following acts:

Physical Violence​ ​refers to acts that include bodily or physical harm

Sexual Violence refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:
1. rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2. acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;
3. Prostituting the woman or child.

Psychological Violence refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.

Economic Abuse refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment
of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal money or
properties.

Section 5 of the same law further enumerated circumstances that are considered as violence against
women and children:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s
freedom of movement or conduct by force or threat of force, physical or other harm or threat of

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 physical or other harm, or intimidation directed against the woman or child. This shall include, but
not limited to, the following acts committed with the purpose or effect of controlling or restricting
the woman’s or her child’s movement or conduct:
a. Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
b. Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family, or deliberately providing the woman’s children insufficient financial
support;
c. Depriving or threatening to deprive the woman or her child of a legal right;
d. Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim’s own money or properties, or solely controlling the
conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
7. Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family
8. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms
or causes substantial emotional or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
a. Stalking or following the woman or her child in public or private places;
b. Peering in the window or lingering outside the residence of the woman or her child;
c. Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
d. Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support
or custody of minor children of access to the woman’s child/children
NOTE: According to Araza v. People (GR No. 247429), this includes mental anguish caused by
marital infidelity and having illegitimate children with the other woman.

BATTERED WOMAN LEAVE

At any time during the application of any protection order, investigation, prosecution and/or trial of the
criminal case, a victim of VAWC who is employed shall be entitled to a ​paid leave of up to ten (10) days
in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations and other
existing laws and company policies, extendible when the necessity arises as specified in the protection
order.

The availment of this leave shall be at the option of the woman employee, which shall cover the days that
she has to attend to medical and legal concerns. For government employees, women employees whose
child is a VAWC victim below 18 years of age or above 18 if unable to take care of himself/herself, are
also entitled to this ​(CSC MC No. 15, s 2006). Leaves not availed of are noncumulative and not
convertible to cash.

To avail of this leave, the Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case
may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all
that is required for the employer to comply with the 10-day paid leave. For government employees, in
addition to the aforementioned certification, the employee concerned must file an application for leave
citing as basis R.A. 9262. ​(Section 42, RA 9262 and Section 43, IRR of RA 9262)

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Denial of Application
The employer/agency head who denies the application for leave, and who shall prejudice the
victim-survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be
held liable for discrimination and violation of R.A 9262.The provision of the Labor Code and the Civil
Service Rules and Regulations shall govern the penalty to be imposed on the said employer/agency
head. ​(Section 42, RA 9262 and Section 43, IRR of RA 9262)

Enforcement
The administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the
Regional Director of the DOLE under Article 129 of the Labor Code of the Philippines, as amended, for
employees in the private sector, and the Civil Service Commission, for government employees. ​(Section
43, IRR of RA 9262)

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 C. SOLO PARENT’S LEAVE
- R.A. 8972, Solo Parents’ Welfare Act of 2000, Section 3 (a), 6-8
- Implementing Rules and Regulations of R.A. No.8972, Section 16-21

What is a solo parent leave?

This is the leave benefit granted to a male or female solo parent to enable him/her to perform parental
duties and responsibilities where his/her physical presence is required. ​(Section 3(d), R.A. 8972)

Who is a solo parent?

(1) A woman who gives 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;
● the fact that the spouse is detained or is serving sentence for a criminal conviction for at least one
(1) year;
● physical and/or mental incapacity of spouse as certified by a public medical practitioner;
● 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;
● 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;
● abandonment of spouse for at least one (1) year;

(3) 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;

(4) Any other person who solely provides parental care and support to a child or children;

(5) 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. (Section 3(a), R.A.
8972, Solo Parents’ Welfare Act of 2000)

What is the effect of change of status?

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is
no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these
benefits. (Section 3(a), R.A. 8972)

Who are considered as children?

"Children" refer to those living with and dependent upon the solo parent for support who are unmarried,
unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are
incapable of self support because of mental and/or physical defect/disability. (Section 3(b), R.A. 8972)

BENEFITS OF SOLO PARENTS

Flexible Work Schedule

The employers are mandated to provide for a Flexible work schedule for solo parents. The same shall not
affect individual and company productivity Any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.
For government employees, flexible working hours will be subject to the discretion of the head of the
agency. In no case shall the weekly working hours be reduced in the event the agency adopts the flexible
working hours schedule format (flexitime). In the adoption of flexi-time, the core working hours shall be

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prescribed taking into consideration the needs of the service.(Section 6 of R.A. 8972, and Section 16 of
the IRR)

Non-discrimination
No employer shall discriminate against any solo parent employee with respect to terms and conditions of
employment on account of his/her status. (Sections 7 of R.A. 8972, Section 17 of the IRR)

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. The seven-day parental leave shall be non-cumulative. (Atty. Yan: the employer may provide for at
least 1 day of paid leave, the employer cannot be compelled to provide for 7 days). (Sections 8 of R.A.
8972, Section 18 of the IRR)

CONDITIONS FOR ENTITLEMENT TO PARENTAL LEAVE

(a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the
effectivity of the Act;

(b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and

(c) He/She has presented a Solo Parent Identification Card to his/her employer.(Section 19 of the IRR)

Can you convert parental leave to cash?

GR: In the event that the parental leave is not availed of, said leave shall not be convertible to cash

EXP: Unless specifically agreed upon previously or if said leave were denied an employee as a result of
non-compliance with the provisions of these Rules by an employer, the aforementioned leave may be
used as a basis for the computation of damages. (Section 20 of the IRR)

Crediting of Existing Leave

● If there is an existing or similar benefit under a:

❖ company policy, or
❖ collective bargaining agreement or
❖ collective negotiation agreement

The same shall be credited as such.

● If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall
prevail.
● Emergency or contingency leave provided under a company policy or a collective bargaining
agreement shall not be credited as compliance with the parental leave provided for under the Act
and these Rules. (Section 21 of the IRR)

Other Benefits

● Comprehensive Package of Social Development and Welfare Services (Section 5)

● Educational Benefits (Section 9)
● Housing Benefits (Section 10)
● Medical Assistance (Section 11)

Note: These benefits are exclusive to solo parents whose income is below the poverty line.​

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 D. SPECIAL LEAVE
- R.A. 9710, Magna Carta of Women, Section 18
- Implementing Rules and Regulations of R.A. No. 9710, Section 7 (M), 21

R.A. 9710, MAGNA CARTA OF WOMEN

The Magna Carta of Women is comprehensive women’s human rights law that seeks to eliminate
discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino
women, especially those in marginalized sector.

SPECIAL LEAVE BENEFITS FOR WOMEN

A woman employee having rendered continuous aggregate employment service of at least six (6) months
for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by gynecological disorders. ​(Section
18, RA 9710)

NOTE: ​Gynecological disorders refer to disorders that would require surgical procedures such as, but
not limited to, dilatation and curettage and those involving female reproductive organs such as the vagina,
cervix, uterus, fallopian tube, ​ovaries, breast, adnexa and pelvic floor, as certified by a competent
physician. Gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy.

IRR OF R.A. 9710 (2011)

1. She has rendered at least six (6) months continuous aggregate employment service for the last
twelve (12) months prior to surgery;
2. In the event that an extended leave is necessary, the female employee may use her earned leave
credits; and
3. This special leave shall be non-cumulative and non-convertible to cash.

DEPARTMENT ORDER 112-A, SERIES OF 2012

1. The 2-month period refers to the maximum leave with pay.
2. Certification of a competent physician is controlling to determine the period of leave.
3. Availment - when the woman has undergone surgery due to gynecological illness.
4. Frequency - Once a year
5. Cannot be taken from existing statutory leaves
6. When the woman has undergone surgery during her maternity leave, she is only entitled to the
difference between her Special Leave and Maternity Leave.
7. If there is a similar provision in the CBA or company policy granting the same benefit, it must be
deemed compliance.
8. Non-cumulative and non-convertible to cash

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