Leave benefits under Philippine laws.

A. Service Incentive Leave (SIL) – 5 Days

General rule: Every employee who has rendered at least 1 year of service (whether continuous or broken)[1] shall be entitled to a yearly SIL of 5 days with pay.[2]

Exceptions[3]:

(a) Government employees;

(b) Domestic helpers (kasambahays)* and persons in the personal service of another;

(c) Managerial employees;

(d) Field personnel;

(e) Those who are already enjoying the benefit herein provided;

(f) Those enjoying vacation leave with pay of at least 5 days; and

(g) Those employed in establishments regularly employing less than 10 employees.

*Under Section 29 of Republic Act No. (R.A. No.) 10361, otherwise known as the Batas Kasambahay (January 2013), a domestic worker who has rendered at least 1 year of service shall be entitled to an annual SIL of 5 days with pay.

The SIL under the Labor Code shall be commutable to its money equivalent if not used or exhausted at the end of the year.[4] Note that under the Batas Kasambahay, unused leaves shall NOT be convertible to cash.[5]

B. Maternity Leave – 105 Days

All covered female workers regardless of civil status or the legitimacy of her child, shall be granted 105 days maternity leave with full pay.

Related article: Benefits under RA No. 11210, otherwise known as the "105-Day Expanded Maternity Leave Law"

C. Paternity Leave – 7 Days

Every married male employee in the private and public sectors shall be entitled to a paternity leave of 7 days with full pay for the first 4 deliveries of the legitimate spouse with whom he is cohabiting.[6] “Cohabiting” means the obligation of the husband and wife to live together.[7]


Moreover, any female worker entitled to maternity leave benefits under "105-Day Expanded Maternity Leave Law" may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. The allocated benefit granted to the child’s father is over and above that which is provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996".

D. Parental Leave for Solo Parents – 7 Days

Parental leave of not more than 7 working days every year shall be granted to any solo parent employee who has rendered service of at least 1 year.[8]

E. Leave for Victims of Violence Against Women and Their Children – 10 Days

Victims under the Anti-Violence Against Women and Their Children Act of 2004 shall be entitled to take a paid leave of absence up to 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.[9]

F. Special Leave for Women – 2 months

A woman employee having rendered continuous aggregate employment service of at least 6 months for the last 12 months shall be entitled to a special leave benefit of 2 months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.[10] “Gynecological disorders” refers to disorders that would require surgical procedures such as, but not limited to dilatation and curettage and those involving female reproductive organs and which shall also include hysterectomy, ovariectomy and mastectomy.[11]



[1] Section 3 – Definition of certain terms, Rule V, Book III, Rules to Implement the Labor Code. [2] Article 95, Labor Code, as amended. [3] Sec. 1 – Coverage, supra note 1. [4] Sec. 5 – Treatment of benefit, Id. [5] Sec. 29 – Leave Benefits, R.A. No. 10361. [6] Sec. 2, R.A. No. 8187, Paternity Leave Act of 1996. [7] Department of Labor and Employment, 2019 Handbook on Workers Statutory Monetary Benefits, p.29. Retrieved from http://www.ble.dole.gov.ph/downloads/2019-Edition-of-Handbook-on-Workers-Statutory-Monetary-Benefits.pdf [8] Sec. 8 – Parental Leave, R.A. No. 8972, Solo Parents' Welfare Act of 2000. [9] Sec. 43 – Entitled to Leave, R.A. No. 9262, Anti-Violence Against Women and Their Children Act of 2004. [10] Sec. 18 – Special Leave Benefits for Women, R.A. No. 9710, The Magna Carta of Women. For more information about the law, you may visit Philippine Commission on Women's page on R.A. No. 9710 at https://pcw.gov.ph/law/republic-act-9710 [11] Supra note 7 at p. 36.

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