“The entitlements are aside from the five-day service incentive leave granted under the Labor Code.”
Household service workers (HSW) can now enjoy more leave benefits on top of the provisions in the Domestic Workers’ Act (Republic Act 10381), popularly known as the Kasambahay Law.
In a labor advisory, Secretary Silvestre Bello III identified three other laws that entitle kasambahays to special leave benefits.
Under the advisory, HSW meet the requirements for Solo Parent Leave (Republic Act 8972), Special Leave Benefit for Women under Magna Carta for Women (RA 9710) and Violence Against Women and Their Children (VAWC) Leave (RA 9262), may apply for holiday benefits under the law.
The entitlements are aside from the five-day service incentive leave granted under the Labor Code.
The Solo Parent Leave under RA 8972 can be availed of by domestic household workers if they need to perform parental duties and responsibilities where physical presence is required.
Meanwhile, the Special Leave Benefit for Women under the Magna Carta for Women provides two weeks and up to 60 days (or two months) of paid leave. This is applicable to woman workers who have a gynecological disorder that would require surgical procedures, such as dilatation and curettage or those involving female reproductive organs as well as gynecological surgeries such as hysterectomy, ovariectomy and mastectomy.
Also, the househelps who are victims of physical, sexual and psychological violence, as well as economic abuse, are entitled to avail of a 10-day paid leave under RA 9262.
“Our household service workers shall be entitled to all the rights and benefits granted under RA 10361, or Batas Kasambahay, as amended unless expressly provided. The employers are not prohibited from granting such other benefits in addition to the minimum requirements of the law,” Bello said.
The Labor chief also encouraged healthy dialogue between the kasambahays and their employers to promote a harmonious working environment and settle disputes.
The Kasambahay Law provides benefits for household service workers such as a standard minimum wage, social benefits, 13th-month pay, five-day annual service incentive leave and a one-whole day uninterrupted weekly rest period.