VAWC Leave: 10 Days Paid Leave for Victims of Violence

Section 43 of RA 9262 says victims under the law are "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."

Four points follow from this text:

1. Paid. You keep your pay for the days of leave.
2. Up to ten days. You may take fewer days if you need fewer.
3. Extra. The leave does not use up your vacation leave, sick leave or service incentive leave.
4. Extendible. More days may be allowed when needed, as stated in a protection order.

It applies to workers in the private sector (Labor Code) and in government (Civil Service rules).

The leave is for "victims under this Act." Section 3 defines violence against women and their children as acts committed by any person against:

• his wife or former wife;
• a woman with whom he has or had a sexual or dating relationship;
• a woman with whom he has a common child;
• her child, legitimate or illegitimate, inside or outside the family home.

A "dating relationship" means living as husband and wife without marriage, or being romantically involved over time and on a continuing basis. A casual acquaintance or ordinary socializing at work is not a dating relationship.

The violence can be physical, sexual or psychological, or economic abuse. Psychological violence includes intimidation, harassment, stalking, public ridicule or humiliation and repeated verbal abuse. Economic abuse includes withdrawal of financial support and controlling the woman's own money or property.

RA 9262 protects women and their children. In Garcia v. Drilon (2013), a husband argued that the law was unconstitutional because it protects only women. The Supreme Court, sitting en banc, rejected this. It held that the law rests on a valid classification and does not violate equal protection by favoring women over men as victims of violence and abuse. So an adult man is not a victim under RA 9262 and cannot use this leave.

Section 43 has two protections:

• An employer who prejudices your right to the leave "shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations."
• An employer who prejudices a co-worker for helping you is also "liable for discrimination."

Records of VAWC cases, including those at the barangay, are confidential under Section 44. Publishing a victim's name, address, employer or other identifying information without consent is punishable by the court's contempt power.

The law itself does not list the papers an employer can ask for. The implementing rules of RA 9262 were not reviewed for this page, so it does not name a specific document. In general, the worker asks the employer for the leave under Section 43 of RA 9262 and keeps the documents received from the barangay, the court or the prosecutor.

The extension depends on the protection order. A Barangay Protection Order is issued by the Punong Barangay (Section 14). A Temporary Protection Order is issued by a court and is effective for 30 days; the court sets a hearing on a Permanent Protection Order on or before the day it expires (Sections 15 and 16). See how to file a VAWC case.

These are made-up examples to show how the rules work. They are not advice for any real case.

Liza. Liza's husband hits her and threatens her. She goes to the barangay and gets a protection order, then files a complaint. She tells her HR in writing that she will use VAWC leave and takes four days to attend the hearings and move to her sister's house. Her vacation leave stays untouched.

Ana. Ana dated Paolo for two years. After the break-up he follows her to work and sends threats. A dating relationship counts under RA 9262 even if they never married. Ana can use the leave while she files her case.

Joy. Joy, Ana's co-worker, goes with her to the police station after work and later tells HR what happened. If the employer punishes Joy for helping Ana, the employer can be liable for discrimination under Section 43.

If you are in danger, go to the barangay or the police. Barangay officials and the police must respond immediately to a call for help under RA 9262. For the full process, protection orders and where to file, see how to file a VAWC case. The leave benefits table compares VAWC leave with other paid leaves.

If an employer denies the leave, the issue can be brought to DOLE through the Single Entry Approach. See how to file a labor complaint.

Talk to a lawyer or the Public Attorney's Office (PAO) as early as you can if you are filing a VAWC case, asking for a protection order, or if your employer penalizes you for taking the leave. RA 9262 gives victims the right to legal assistance from PAO or any public legal assistance office.

If you cannot afford a lawyer, see Free legal help in the Philippines.