5. Leave under the Anti-VAWC Act of 2004 (RA 9262)

R.A. No. 9262 or the Anti-Violence Against Women and their Children Act of 2004

Violence against women and their children 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. (R.A. 9262 “Anti-Violence Against Women and Their Children Act of 2004”)

Coverage:

Allows the victim of violence, which may involve physical, sexual, or psychological harm or economic abuse, to apply for the issuance of a protection order. If such victim is an employee, she is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies.

Conditions to entitlement

• The employee has to submit a certification from the Punong Barangay or Kagawad or prosecutor or Clerk of Court that an action under RA 9262 has been filed and is pending.
• The use of the 10-day leave is at the option of the employee
• It shall be used for the days that she need to attend to medical and legal concerns.
• Leaves not availed of are non-cumulative and not convertible to cash.

Availment

Victims under this Act are entitled to paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when necessity arises as specified in a protection order. (Sec. 43, RA 9262)