What are leaves?
These are days when employees may still be paid despite their absence from work. The leaves allowed by law are discussed below, but the employer may add (not subtract) to these leaves out of the goodness of her heart or under a negotiated Collective Bargaining Agreement (CBA).
Leaves Under Law
Service Incentive Leave
Service Incentive Leave Pay is the benefit of employees to avail of leave with pay for 5 days provided she has rendered service for at least one year.
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Solo Parents' Leave
Persons who fall under the definition of solo parents and who have rendered service of at least one year are entitled to 7 working days of leave to attend to their parental duties.
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Maternity LeaveA female member of the Social Security System (SSS) who has paid at least 3 monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary. The benefit is for 60 days for normal delivery and 78 days for caesarian delivery for the first four deliveries and miscarriages.
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Paternity Leave
The law provides for paternity leave of 7 days with full pay to all married male employees in the private and public sectors. It is only available for the first four (4) deliveries of the legitimate spouse with whom the employee is cohabiting.
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Leaves under RA 9262
Women victims of violence provided under R.A. 9262 of the Anti-Violence against Women and their Children Act are entitled to a paid leave of absence from work up to 10 days.
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Leaves under RA 9710
The Magna Carta of Women introduced a 2 month leave for women with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months
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