Philippine and Overseas Rules

Overview: the short legal answer

Sometimes yes, sometimes no—and the deciding factor is which legal regime governs the leave:

If the domestic helper is employed in the Philippines (kasambahay): Philippine law gives a minimum paid leave entitlement (and salary must be paid during that paid leave).
If the domestic helper is an OFW (employed abroad): the right to paid vacation leave usually comes from (a) the host country’s laws and/or (b) the worker’s employment contract (including any standard contract required for deployment/attestation). Philippine laws largely protect OFWs through minimum contract standards, welfare mechanisms, and enforcement channels, but they do not magically replace the host country’s labor/ domestic-worker rules.

So the correct question is often: “Is this leave paid under my contract or the host country’s rules?” If yes, salary is due during the leave.

Part I — Philippine context (Domestic Workers / “Kasambahay” employed in the Philippines)

A. Who is covered?

A kasambahay is a domestic worker employed in a household in the Philippines (househelp, yaya, cook, gardener, family driver, etc.). Coverage and entitlements come primarily from the Domestic Workers Act (R.A. 10361) and related implementing rules.

B. What “vacation leave” means in Philippine practice

In household employment, people say “vacation leave” loosely. Legally, the usual buckets are:

Service Incentive Leave (SIL) (the statutory minimum paid leave concept used in Philippine labor standards, and specifically recognized for kasambahays under R.A. 10361)
Rest periods / weekly rest day (not “vacation leave,” but still time off)
Special leave benefits (rare in household employment unless the employer voluntarily grants)

C. Minimum statutory paid leave for kasambahays

Under Philippine rules for kasambahays, the domestic worker is entitled to a minimum number of paid leave days (commonly treated as at least 5 days paid service incentive leave). When that leave is used, it is paid—meaning the kasambahay’s salary continues for those leave days.

Key practical points:

The minimum statutory leave is with pay.
Anything beyond the statutory minimum depends on the employment contract or household policy (many households grant more days; the law sets the floor, not the ceiling).
Leave practices often vary (some households “advance” leave, allow unpaid leave, or align leave with the family’s travel). What matters legally is whether the leave day is paid or unpaid under the governing rules and agreement.

D. Weekly rest day vs. vacation leave (important distinction)

Kasambahays are entitled to a weekly rest day. This is not the same as vacation leave:

A rest day is a regular weekly entitlement to time off.
Vacation leave/SIL is a separate leave bank (or agreed set of leave days).

If a kasambahay works on a scheduled rest day, the law generally requires additional compensation or an arrangement consistent with labor standards for rest days.

E. When salary must be paid during leave (Philippines)

Salary is due during leave when:

The leave is statutorily paid (e.g., the minimum paid SIL); or
The contract/household policy grants paid vacation leave; or
The parties agreed the leave is with pay (even if not required by statute).

F. When leave may be unpaid (Philippines)

Leave can be unpaid when:

The kasambahay has exhausted paid leave and requests more days off; or
The arrangement is explicitly leave without pay and it does not violate minimum standards (you can’t “waive” the statutory minimum paid leave by simply calling it unpaid).

G. Can paid leave be “converted to cash” instead of being taken?

In many employment settings, service incentive leave can have rules on commutation/conversion. For kasambahays, what matters is what the kasambahay law and the specific contract provide. In practice:

Some households allow conversion of unused paid leave to cash, especially upon end of employment.
Others require leave to be taken and don’t cash it out unless the relationship ends.

Because commutation rules can be technical and sometimes policy-driven, the safest approach is: check the kasambahay contract and written household agreement, and keep records.

Part II — OFW Domestic Helpers employed abroad (Overseas rules + contract control)

A. The governing principle abroad: host country law + your contract

For an OFW domestic helper, “vacation leave pay” is usually governed by:

Host country law (including any domestic worker law or regulations, if domestic workers are covered); and
Your employment contract (often a standard form required by the host government, the Philippine government, or both, and typically attested by the POLO/Philippine Embassy/Consulate where applicable).

Bottom line: If your contract says “X days paid annual leave,” then salary is due during those X days. If host law grants paid annual leave, that also supports entitlement—sometimes even if the contract is silent.

B. Why OFW domestic helpers’ rules vary more than other OFWs

Many countries treat domestic helpers differently from other workers:

Some countries include domestic workers under general labor law.
Some exclude them but provide a separate domestic worker framework.
Some leave most leave entitlements to contract terms.

That’s why two OFW domestic helpers in two different countries can have completely different leave pay rights.

C. Typical leave-related terms you’ll see in OFW domestic helper contracts

While exact provisions differ by destination, many domestic helper contracts include some combination of:

Paid annual leave (often described as “annual leave,” “home leave,” or “vacation leave”)
Weekly rest day (e.g., 1 day per week)
Public holidays (some places grant paid holidays; others handle by contract)
Sick leave / medical leave (varies widely)
Airfare rules for “home leave” (who pays the ticket and when)

If your contract includes paid annual leave, then salary is payable during that leave unless the contract clearly states otherwise (which is uncommon—paid leave typically means paid).

D. The “home leave” trap: paid leave vs. airfare vs. allowances

A common misunderstanding is to bundle three separate benefits:

Paid leave days (salary continues)
Airfare / ticket home (who pays, when, and under what conditions)
Allowances in kind (food, lodging) and cash allowances (transport, phone, etc.)

Salary during paid leave is one question. Who pays your plane ticket is another. Whether you get meal allowance while away is a third.

Many employers will agree to “vacation” but deny airfare or deny certain allowances. Your rights depend on the exact wording.

E. When an OFW domestic helper is entitled to salary during vacation leave

You’re typically entitled to salary during vacation leave when:

The contract grants paid annual leave (e.g., “X days paid leave per year”)
The host country law grants paid annual leave applicable to domestic workers
The employer approves the leave as paid (even informally)—and you can document it (messages, written approval, schedule, etc.)

F. When the employer may lawfully NOT pay salary during leave

Non-payment is more likely lawful when:

The leave is unpaid leave requested by the worker (e.g., extra time beyond paid leave entitlement); or
The worker is absent without approved leave, and host country rules allow wage deductions; or
The contract structure is unusual (rare) and clearly states leave is not paid (most “annual leave” clauses are expressly paid).

G. Common illegal practices (red flags)

Even without naming specific countries, these are recurring problem patterns:

“You can go on vacation but no pay” even though the contract states paid annual leave
Forced waiver: making the worker sign a paper “agreeing” leave is unpaid despite contract/law
Salary withholding to ensure the worker returns after vacation
Fake accounting: calling part of salary an “allowance” and then stopping it during leave without basis
Charging recruitment debts or making improper deductions during leave

Many of these can violate either host law, the employment contract, or both.

Part III — Practical rulebook: how to determine your entitlement in real life

Step 1: Identify what kind of “leave” it is

Ask: is it…

Weekly rest day?
Public holiday?
Annual/vacation leave (paid or unpaid)?
Emergency leave?
Sick/medical leave?

The pay rule depends on the category.

Step 2: Read the contract clause exactly

Look for keywords such as:

“annual leave,” “vacation leave,” “home leave”
“with pay / paid”
“after completion of ___ months/years”
“air ticket provided” / “air ticket reimbursed”
“mutual agreement” / “subject to employer approval”

If the contract says paid, you can treat salary as due during that leave.

Step 3: Check host country rules that apply to domestic workers

Even if you can’t access them immediately, the Philippine Overseas Labor Office (POLO) or embassy/consulate labor/assistance desks can often explain, at least generally, whether domestic workers in that destination have paid annual leave by law.

Step 4: Confirm the payroll method (monthly vs. daily)

Most domestic helpers are paid monthly. If you take paid leave:

You generally receive your full monthly wage for that month (no deduction for leave days). If your wage is computed daily/hourly (less common for live-in DH arrangements), then paid leave should still be paid based on the contract’s computation method.

Step 5: Document approvals and payslips

Keep:

written leave approval (text messages count)
a photo/scan of your contract
payslips or proof of bank transfers
any employer communications about salary deductions

Documentation often decides cases.

Part IV — Enforcement and remedies (Philippines + overseas pathways)

A. If you’re employed in the Philippines (kasambahay)

Typical avenues include:

barangay/mediation where appropriate
DOLE assistance mechanisms
claims processes depending on the dispute (wage underpayment, unlawful deduction, etc.)

B. If you’re an OFW domestic helper abroad

Your practical enforcement tools are usually:

POLO / Philippine Embassy/Consulate (labor and assistance channels)
OWWA assistance depending on membership/coverage and situation
Host country complaint mechanisms (labor ministry, domestic worker office, mediation centers—varies by destination)

If you return to the Philippines and have unresolved claims, there can be legal pathways tied to contract violations and recruitment/agency accountability, but outcomes depend heavily on facts and documentation.

Part V — Scenarios people ask about (and what usually happens)

Scenario 1: “My contract says I have paid annual leave. Can my employer stop my salary while I’m on vacation?”

Generally no. Paid annual leave means you continue to be paid for those leave days. If the employer refuses, it’s usually a contract breach and possibly violates host rules.

Scenario 2: “My employer allows me to go home, but says the leave is unpaid.”

It depends:

If the contract grants only unpaid leave, that may be allowed.
If you already have paid leave under contract/law and they label it “unpaid,” that’s likely improper.

Scenario 3: “My employer will pay my salary but says I must shoulder my own plane ticket.”

This is a separate issue. Salary during paid leave can be due even if airfare isn’t. Airfare depends on the contract and destination rules.

Scenario 4: “My employer withheld 1–2 months’ salary until I returned from vacation.”

Withholding wages as a “guarantee” is a major red flag and is often unlawful or abusive under many regimes, even when employers do it commonly. It can also be evidence of coercion.

Scenario 5: “My employer told me to ‘use my rest days’ as my vacation leave.”

Rest days are not a substitute for contractually promised paid annual leave unless the contract lawfully structures time-off that way (uncommon and often questionable). If the contract promises annual leave, it generally stands as its own benefit.

Part VI — Drafting tips: contract language that protects leave pay

If you have any say in contract review or renewal, clearer clauses help. Strong leave clauses specify:

number of paid annual leave days per year
when leave is earned (e.g., after X months)
whether unused leave can be carried over or cashed out
who pays airfare for home leave and under what conditions
what happens if employment ends before leave is used (payout, prorated leave, etc.)

Key takeaways

Philippines (kasambahay employed locally): there is a statutory minimum paid leave concept; when it’s paid leave, salary must be paid during those days.
OFW domestic helper employed abroad: paid vacation leave is not automatic under Philippine law alone; it usually comes from host law and the contract. If the leave is defined as paid, then salary is due during vacation leave.
Always separate: (1) leave pay, (2) airfare, (3) allowances—they are related in practice but not identical legally.

If you paste the exact leave clause from a domestic helper contract (remove names/IDs), I can explain—line by line—whether it creates a paid leave entitlement and what arguments support salary payment during the leave.