THE STATUTORY LEAVES

SERVICE INCENTIVE
LEAVE
LEGAL BASIS
The legal basis of service incentive leaves
is Article 95 of the Labor Code.
 EMPLOYEES NOT ENTITLED TO SERVICE
INCENTIVE LEAVE

Aside from those employees

mentioned in Article 82 of the Labor
Code, the following employees are not
entitled to service incentive leave:
(a) Employees who have not rendered one (1) year of
service;
(b) Employees of establishments regularly employing
less than ten (10) employees;
(c) Employees already enjoying vacation leave with
pay of at least five (5) days.
(d) Employees of establishments exempted by the
Secretary of Labor after considering the viability or
financial condition of such establishments.
This could be gleaned from Article 95 of the
Labor Code which reads as follows;

“ART. 95. Right to Service Incentive

Leave- (a) Every employee who has
rendered at least one year of service shall
be entitled to a yearly service incentive of
five days with pay.
Government employees and those in
government-owned/controlled corporations;
managerial employees; officers and members of the
managerial staff; field personnel; family members of
the employer who are dependent on him for support;
persons in the personal service of another; domestic
helpers; and workers paid by results.
(b) This provision shall not apply to those who are
already enjoying the benefit herein provided; those
enjoying vacation leave with pay of least five days
and those employed in establishments exempted
from granting this benefit by the Secretary of Labor
after considering the viability or financial condition
of such establishments.”
DURATION OF SERVICE INCENTIVE
LEAVE

Five (5) days with pay.

 CONDITION OF
ENTITLEMENT

To be entitled to the service incentive

leave, the employee must render at least
one (1) year service.
 COMMUTABLE TO CASH IF
UNUSED
If not used or exhausted at the end of
the year, the service incentive leave
shall be commuted to its money
equivalent. [Sec. 5, Rule V, Book III,
Rules Implementing the Labor Code]
 MATERNITY LEAVE

LEGAL BASIS
The legal basis of maternity
leave is Section 14-A of the Social
Security Act.
WHO ARE ENTITLED TO MATERNITY
LEAVE?

Female members of the Social Security

System, whether married or unmarried, are
entitled to maternity leave on occasion of
childbirth, abortion or miscarriage.
 DURATION OF MARTERNITY LEAVE

•60 days – for normal delivery,

•78 days –for Cesarean delivery,
 CONDITIONS FOR
ENTITLEMENT
(a) Payment of at least three (3) monthly SSS
contributions during the 12-month period
immediately preceding the semester of
childbirth, abortion, or miscarriage;
(b) Notice to the employer of the pregnancy and
the probable date of childbirth;
(c) Available only for the first four (4)
deliveries or miscarriages.
 PATERNITY
LEAVE

LEGAL BASIS
The legal basis of paternity leave is
Republic Act 8187.
WHO ARE ENTITLED TO PATERNITY
LEAVE?
Only married male employees (regardless of
employment status) whose lawful wife he is
cohabiting with, gave birth or suffered
miscarriage or abortion are entitled to
paternity leave.
 DURATION OF PATERNITY
LEAVE

Duration is seven (7) working

days, non-cumulative.
 CONDITION FOR
ENTITLEMENT
(a) The lawful wife of the employee has given birth or has suffered a
miscarriage or abortion;
(b) The employee must be cohabiting with his wife at the time of
birth, miscarriage or abortion,;
(c) Notice to employer about the pregnancy and expected date of
delivery; and
(d) Submission of proof marriage.
(e) Can be availed of only for the first four (4) deliveries or
miscarriages;
(f) Can be availed of before, during or after childbirth, miscarriage
or abortion, but not later than sixty (60) days after the date of
such childbirth, miscarriage, or abortion.
 PARENTAL LEAVE FOR SOLO
PARENTS
LEGAL BASIS
The legal basis of parental leave for
solo parents is Republic Act 8972.
 WHO ARE ENTITLED TO PARENTAL LEAVE
FOR SOLO PARENTS?
(a) Persons, male or female, who are left alone with
the responsibility of parenthood because of:
•Giving birth as a result of rape or crimes against
chastity;
•Death of spouse
•Detention or imprisonment of spouse for at least
one (1) year;
•Abandonment of spouse for at least one (1) year;
•Physical or mental incapacity of spouse as
certified by a public medical practitioner;
•Legal separations or de facto separation from
spouse for at least one (1) year, 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 entrusted with the custody of the
children;
(b) An unmarried mother/father who preferred to
keep and rear his/her child or children instead of
having others care for them or given them up to a
welfare institution;
(c) A foster parent duly licensed by the Department
of Social Welfare and Development or a legal
guardian appointed by the court, who solely provides
parental care and support to a child or children;
(d) A family member who assume the
responsibility of head of family as a result of the
death. Abandonment, disappearance, or prolonged
absence of the parents or solo parent, provided,
that such abandonment, disappearance, or
absence lasts for at least one(1) year.
 CONDITION FOR
ENTITLEMENT
(a) At least one (1) year of service, whether
continuous or broken;
(b) Notice of availment given to the employer within a
reasonable period of time; and
(c) Solo Parent Identification Card which must be
presented to the employer. [The Solo
Identification Card is issued by the Municipal or
City Social Welfare and Development Office.]
 DURATION OF PARENTAL LEAVE FOR SOLO
PARENTS

Duration is seven (7) working days,

non-cumulative.
LEAVE FOR VICTIMS OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
LEGAL BASIS
The legal basis for leave for victims of
violence against women and their
children is Republic act 9262.
 WHO ARE ENTITLED TO LEAVE FOR VICTIMS OF
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN?
Leave for victims of violence against women and
their children is available to female employees who, or
her child, whether legitimate or illegitimate, have
suffered from or has been threatened with violence by:
•her husband,
•former husband,
•a person with whom she has a common child.
 DURATION OF LEAVE FOR VICTIMS OF
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN

Ten (10) days, not convertible to cash

and not cumulative.
 WHEN LEAVE FOR VICTIMS OF VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN
AVAILABLE

The leave is available only on days

when the woman-employee has to
attend to medical and legal concerns.
 SPECIAL LEAVE FOR WOMEN
EMPLOYEES

LEGAL BASIS
The legal basis of special leave for
women employee is Republic act 9710.
 WHO ARE ENTITLED TO SPECIAL
LEAVE?
Only female employees who undergo
surgery because of gynecological
disorders are entitled to special leave.
DURATION OF SPECIAL LEAVE FOR WOMEN
EMPLOYEES

Two (2) months with full pay based on

gross monthly compensation.
 CONDITIONS FOR
ENTITLEMENT
To be entitled to the special leave, the female employee
must have:
(a) undergone surgery due to gynecological disorder such
as, dilatation and curettage and those involving female
reproductive organs, like vagina, cervix, uterus
fallopian tubes, ovaries, breast, adnexa and pelvic
floor, as certified by a competent physician, including
hysterectomy, ovariectomy, and mastectomy, as
certified by a competent physician.
(b) rendered at least six (6) months continuous
service for the last twelve (12) months prior to
surgery;
(c) filed an application for special leave with the
employer within a reasonable time from
expected date of surgery or within such period
as may be provided under company policies or
collective bargaining agreement.
 NOTE: Prior application for leave is not necessary in
cases requiring emergency surgical procedure, provide
that the employer is notified verbally or in writing
within a reasonable period, and provided that after
surgery or appropriate recuperating period, the female
employee must immediately file her application in the
prescribed form.