Dear Atty. Maan,
I recently got out of an abusive relationship and am currently undergoing treatment for the physical and emotional trauma I experienced. Since I’ve already used up all my leave credits and I’m still a probationary employee, I asked my employer if I could avail of the 10-day VAWC leave under Republic Act 9262. Can my employer do deny my request?
Joann
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Dear Joann,
Female employees in both private and public sector who are victims or victim-survivors of violence or abuse as defined under Republic Act 9262, or the Anti-Violence Against Women and Their Children Act, are entitled to a leave of absence with full pay for a period of up to 10 days. Section 43 of RA 9262 provides:
“SECTION 43. Entitled to Leave. —Victims under this Act 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.
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.” (Section 43 (a), RA No. 9262)
As such, Employers may be held liable for discrimination and for violation of RA 9262 if the employer/head of office prejudices the right or denies the application for leave by his/her employee who is a victim-survivor under the VAWC law or (2) any person for assisting a co-employee who is a victim under the VAWC law.
To be entitled to the 10-day VAWC leave, the victim-employee must present to her employer a certification that an action for VAAWC has been filed or is pending. This certification may be issued by the Punong Barangay or Barangay Captain, a barangay kagawad, a prosecutor or the clerk of court, as the case may be. The victim employee may show a police report indicating the details of the incidence of violence and/or a medical certificate, but subject to the discretion of the victim-employee’s immediate supervisor.
Hope this helps.
Atty. Mary Antonnette Baudi