I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
There are only 5 leaves that an employee can avail of under the law: Service Incentive Leave, Maternity Leave, Paternity Leave, Battered Woman Leave and Parental Leave. The rest: Vacation Leave, Sick Leave and all the others, depend on company policy or collective bargaining. Personally, however, I think there should be a law on Sick Leave; nobody should be fired simply because of illness.
Service Incentive Leave
An employee who has worked for at least 1 year is entitled to an annual leave with pay for 5 days. This isn't available if the business has less than 10 employees, gives vacation leave for at least 5 days, the employee is already enjoying service incentive leave (kinda redundant,) or if granted by the DOLE secretary if he considers the viability or financial condition of the business. Extending the leave can't be the subject of a court or administrative action. In fact, an extension can be given either by an agreement (like a CBA) or simply because the employer wants to give it. If the business has less than 10 employees the employer can still decide to give Service Incentive Leave or agree with the employees to give it. Unused Service Incentive Leave at the end of the year is convertible into cash.
Battered Woman Leave
This is a leave granted by RA 9262, the VAWC Law. A woman worker suffering from violence is allowed up to 10 days' leave with pay. It is not cumulative and not convertible to cash. It may, however, be extended as the need arises. It requires a protection order. When the protection order is issued the barangay, prosecutor or court where the case is filed and pending will give a certification to the woman, who shall then submit it to her employer. If the application for leave is denied by the employer, he will be liable for discrimination and violation of the VAWC Law.
Maternity Leave
This covers even unmarried women. Maternity benefit is 60 days leave with all pay, allowances and benefits and is granted to a woman who has paid at least 3 monthly contributions in the 12-month period before the semester of her childbirth, abortion or miscarriage. This leave, however, is only limited to 4 pregnancies regardless of whether they ended in birth or miscarriage.
Paternity Leave
Paternity leave is given only if the wife of the male worker has given birth or suffered a miscarriage. It applies only to the legal wife, not a common-law one or a mistress. 7 days' leave with full pay is granted, provided the following requirements are present:
1.) The man claiming leave must be married
2.) He is living with his wife at the time she gives birth or suffers miscarriage
3.) He must apply for paternity leave
4.) The wife has given birth or suffered miscarriage.
Parental Leave
This applies only to solo parents. In addition to all leaves granted by law and/or the company, a solo parent is given 7 days' leave with full pay every year if he has worked in the company for at least 1 year.
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