Leave Benefits Under Philippine Law
Maternity leave is 105 days with full pay, paternity leave 7 days, solo parent leave up to 7 working days, VAWC leave up to 10 days, SIL 5 days.
| Leave | How many days | Who can take it | Source |
|---|---|---|---|
| Maternity leave (childbirth) | 105 days with full pay, plus an option of 30 more days without pay | Female workers in government and the private sector, including the informal economy, "regardless of civil status or the legitimacy of her child" (RA 11210, Sec. 3). For the extra 30 days, the employer must get written notice at least 45 days before the leave ends; in a medical emergency, notice can be given afterwards (Secs. 4 and 5(b)) | Republic Act No. 11210 (105-Day Expanded Maternity Leave Law), Secs. 3, 4 and 5, Supreme Court E-Library |
| Maternity leave of a solo parent | 105 + 15 = 120 days with full pay | A female worker who qualifies as a solo parent under RA 8972 (RA 11210, Sec. 3) | Republic Act No. 11210, Sec. 3, Supreme Court E-Library |
| Maternity leave for miscarriage or emergency termination of pregnancy | 60 days with full pay | Female workers, in every instance, "regardless of frequency" (RA 11210, Sec. 3) | Republic Act No. 11210, Sec. 3, Supreme Court E-Library |
| Maternity leave days given to the father (allocation) | Up to 7 days, taken from the mother's maternity leave | The child's father, "whether or not the same is married to the female worker"; if he is dead, absent or incapacitated, an alternate caregiver. Written notice to the employers is required. It is on top of RA 8187 paternity leave (RA 11210, Sec. 6) | Republic Act No. 11210, Sec. 6, Supreme Court E-Library |
| Paternity leave | 7 days with full pay | A married male employee, public or private, for the first four deliveries of his legitimate spouse with whom he is cohabiting. "Delivery" includes childbirth or miscarriage. He must notify his employer of the pregnancy and the expected date of delivery (RA 8187, Sec. 2) | Republic Act No. 8187 (Paternity Leave Act of 1996), Sec. 2, Supreme Court E-Library |
| Solo parent leave (parental leave) | Not more than 7 working days with pay every year; forfeitable and noncumulative | A solo parent employee, "regardless of employment status", with at least 6 months of service (RA 8972, Sec. 8, as amended by RA 11861) | Republic Act No. 11861 (Expanded Solo Parents Welfare Act), Sec. 7, Supreme Court E-Library |
| Solo parent leave of a kasambahay | 7 days (the same parental leave) | A solo parent kasambahay with at least 6 months of service to the same employer (Revised IRR of RA 8972, Sec. 22). The rules also ask for a valid Solo Parent ID Card (Secs. 22 and 23) | Revised Implementing Rules of RA 8972 as amended by RA 11861, Secs. 22 and 23, Supreme Court E-Library |
| VAWC leave | Up to 10 days with pay, on top of other paid leaves; extendible when needed, as specified in the protection order | Victims of violence against women and their children under RA 9262 (Sec. 43) | Republic Act No. 9262 (Anti-VAWC Act), Sec. 43, Supreme Court E-Library |
| Service incentive leave (SIL) | 5 days with pay every year | Every employee with at least one year of service, except those the rules exclude (Labor Code, Art. 95, as quoted by the Supreme Court in Auto Bus Transport Systems v. Bautista, 2005) | Auto Bus Transport Systems, Inc. v. Bautista (2005), quoting Labor Code Art. 95, Supreme Court E-Library |
| Service incentive leave of a kasambahay | 5 days with pay every year; unused days are not carried over and not converted to cash | A domestic worker (kasambahay) with at least one year of service (RA 10361, Sec. 29) | Republic Act No. 10361 (Batas Kasambahay), Sec. 29, Supreme Court E-Library |
Notes
- These are the minimums set by law. A company policy or a collective bargaining agreement may give more. For a private-sector worker who is an SSS member, the employer advances the maternity benefit and SSS pays it back to the employer (RA 11210, Sec. 5(a)): see the SSS maternity benefit guide and the maternity benefit calculator.
- Maternity leave does not depend on marriage, and it applies to every pregnancy, miscarriage or emergency termination of pregnancy. See Maternity leave rights.
- A married father can have both his 7 days under RA 8187 and up to 7 days allocated by the mother under RA 11210, because the law says the allocation is "over and above" RA 8187. A father who is not married to the mother has no RA 8187 leave, but the mother can still allocate up to 7 days to him. See Paternity leave.
- For solo parent leave, RA 11861 removed the old one-year service rule: 6 months is enough, and contractual workers are covered. See Solo parent leave and Solo parent benefits.
- VAWC leave is for the victim, not the offender. See VAWC leave of up to 10 days and How to file a VAWC case.
- In Auto Bus, the Supreme Court held that a bus driver paid by commission but under constant supervision is entitled to SIL. It also held that the three-year period to claim the money value of unused SIL starts when the employer refuses to pay it after the worker asks for it, or when the employer fails to pay it at the end of the worker's employment. Unused SIL is often part of final pay: see Service incentive leave, the final pay guide and the final pay calculator.
- Kasambahay have their own rules on leave, rest days and benefits: see Kasambahay rights.
- Made-up example: Maria, who is not married, gives birth while working at a call center. She is entitled to 105 days with full pay. She chooses to give 7 of those days to Jose, the baby's father, who works elsewhere, and gives written notice to both employers. Maria keeps 98 days.
- Made-up example: Carla, a widow with a Solo Parent ID, has worked 7 months as a contractual sales clerk. She can take up to 7 working days of paid parental leave this year.
- If your employer refuses a leave you think you are entitled to, see How to file a labor complaint or Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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