VAWC Leave in the Philippines: Who Is Entitled and How to Avail (RA 9262)

Prepared in the Philippine legal context for employees, HR practitioners, and counsel.

1) Legal Basis & Policy Rationale

Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act of 2004) recognizes the right of victim-survivors to take time off work to address safety, medical, legal, and psychosocial needs stemming from violence. The law and its implementing rules created a paid “VAWC leave” of up to ten (10) days, separate from other leave benefits, with the possibility of extension when the necessity arises (often reflected in a protection order or similar directive).

2) Who Is Entitled

Covered persons

Women employees (public and private sector), regardless of employment status (e.g., probationary, regular, casual, project-based), who are victim-survivors of acts defined as “violence against women and their children” under RA 9262.
The law protects a woman who is or has been in an intimate relationship with the perpetrator (e.g., spouse, former spouse, live-in partner, dating relationship, one with whom the perpetrator has a common child). Violence “against her child” is likewise covered by the statute; in practice, employers commonly recognize VAWC leave for the woman employee in relation to violence committed against her child, as contemplated by the Act.

Note: The benefit is specifically crafted for women employees under RA 9262. Male employees, or employees outside the statute’s scope, may rely on other leave types or company/CBA benefits unless an employer extends analogous coverage as a matter of policy or equity.

No minimum length of service

VAWC leave is available even without a minimum tenure and even if other paid leaves are exhausted.

3) What Counts as “Violence” Under RA 9262

VAWC under the Act is broad. It can be physical, sexual, psychological, or economic abuse, including:

Physical injuries, threats, intimidation, harassment, stalking;
Sexual coercion/violence;
Psychological harm (e.g., repeated verbal abuse, humiliation, controlling behaviors, isolation);
Economic abuse (e.g., withdrawal of financial support, controlling access to funds, destroying household property);
Acts committed against the woman or her child within or by reason of an intimate relationship.

4) Scope and Amount of Leave

Ten (10) working days with full pay (separate from Service Incentive Leave, sick/vacation leave, or special leaves).
Extendible when the necessity arises (commonly where a Barangay Protection Order (BPO), Temporary/Permanent Protection Order (TPO/PPO), or court/agency directive indicates further time is needed).
Purpose-bound: For medical, legal, psychosocial, and safety-planning needs, e.g.:
- Medical/dental or psychological treatment, forensic exams;
- Reporting to barangay/police; securing BPO/TPO/PPO;
- Prosecutorial/court hearings; conferences with counsel;
- Safety relocation, shelter admission, school transfers for children;
- Social work interventions and case conferences.

Key characteristics

In addition to existing leave benefits; taking VAWC leave does not reduce your SIL or vacation/sick credits.
Not convertible to cash and generally not cumulative year-to-year (unless a company/CBA grants more generous terms).
Charge to employer (public: agency; private: company). Employers may not pass the cost to the employee.

5) Documentary Requirements (Typical & Reasonable)

The law anticipates proof but intentionally avoids creating barriers during crisis. Commonly accepted documents include any one (or a combination) of the following:

Protection Orders: BPO (Barangay), TPO or PPO (court-issued).
Police/Incident Reports or blotter entries.
Medical/Medico-Legal Certificates or psychological assessment notes.
Complaints, Affidavits, or Sworn Statements of the victim-survivor.
Certifications from DSWD/LSWDO, accredited NGOs, or barangay officials attesting to the situation.
Subpoenas/Notices of Hearing related to the case.

Practical tip for HR: Accept any credible proof and avoid imposing rigid forms not required by law. Prioritize safety and confidentiality. Where immediate documentation is not yet available (e.g., emergency treatment), allow post-submission within a reasonable period.

6) Procedure: How to Avail

For employees

Notify HR/Head as soon as practicable. If there is immediate danger or emergency care is needed, seek safety first, then inform HR thereafter.
Submit proof (see Section 5). If not yet available, submit a written statement explaining the circumstances and timeline for follow-up documents.
Indicate dates needed and the purpose (e.g., medical, hearing, securing a TPO). If you anticipate more than 10 days because of a court/agency schedule or safety relocation, attach the order/notice showing this.
Coordinate return-to-work and any safety arrangements (e.g., staggered hours, transfer of workstation).

For HR/Employers

Designate a confidential focal person (usually HR) to receive requests.
Evaluate promptly and grant up to 10 paid days upon reasonable proof; extend when a protection order or comparable directive shows necessity.
Keep records confidential (locked file or secured digital folder; restricted access).
Implement safety measures: e.g., no-visitor list, controlled access, security briefings, flexible schedules, or temporary reassignment.
Non-retaliation: Do not penalize, demote, or discriminate against an employee for availing VAWC leave or participating in proceedings.

7) Pay, Benefits & Employment Protections

Full pay during approved VAWC leave, consistent with the employee’s usual payable components (basic pay and regular fixed allowances, per standard payroll practice and any applicable rules/CBA).
No loss of seniority, performance ratings, or benefits because of VAWC leave.
No retaliation: Any adverse action tied to availing VAWC leave can constitute unlawful discrimination and may expose an employer to labor, civil, or administrative liability.

8) Interaction with Other Leaves & Benefits

Service Incentive Leave (SIL) (Labor Code), Sick/Vacation Leave, Solo Parent Leave (RA 11861), Special Leave for Women (RA 9710/MCW—e.g., gynecological surgery), Magna Carta of Women accommodations, and Paternity Leave (RA 8187) are separate. HR should sequence leaves to maximize protection, starting with VAWC leave for VAWC-related needs.
Company/CBA policies may expand eligibility, days, or pay but cannot reduce the statutory minimum.

9) Confidentiality & Data Protection

Strict confidentiality is mandatory. Limit access to those with a need-to-know (e.g., HR focal, payroll for processing pay).
Use neutral payroll codes (e.g., “special paid leave”) if needed to avoid disclosing sensitive status in shared reports.
Comply with Data Privacy principles: collect only what is needed, store securely, set retention periods, and avoid extraneous circulation of orders or medical notes.

10) Common Practical Questions (FAQ)

Q1: Is VAWC leave renewed every year? There is no “annual cap” in the law; it is per instance of necessity, up to 10 paid days, extendible if a protection order or competent directive shows continuing need. Repeated or separate incidents may justify fresh availments.

Q2: Can an employee take the 10 days non-consecutively? Yes. The law does not require consecutive days. Employees often take intermittent days to attend hearings or medical sessions.

Q3: Must there be a filed criminal case to qualify? No. A BPO, police blotter, medical note, or even a sworn statement with subsequent proof is generally sufficient. A pending case strengthens the basis for time off but is not a prerequisite.

Q4: Can HR deny the leave for “insufficient proof”? HR should take a victim-centered, good-faith evaluation. If something is missing, allow reasonable post-submission rather than outright denial in emergencies. Document your request for additional proof.

Q5: Is unused VAWC leave convertible to cash? Generally, no. It is a purpose-specific protection, not a monetizable entitlement.

Q6: Does the leave cover therapy or children’s school transfer needs? Yes—psychosocial treatment, safety relocation, and children’s welfare arrangements arising from VAWC are within the intended purposes.

Q7: Can employers offer more than 10 days? Yes. More generous benefits via company policy/CBA are allowed and encouraged, provided the statutory minimum is maintained.

11) Employer Compliance Checklist

Written VAWC Leave Policy embedded in the handbook/CBA;
Designated HR focal; simple request forms; clear documentation list (flexible, non-exhaustive);
Confidential record-keeping and neutral codes;
Training for HR/security/frontline managers on RA 9262 and handling requests with sensitivity;
Safety protocols: visitor restrictions, coordination with building security/barangay as appropriate;
Non-retaliation clause and complaint channels.

12) Practical Templates (Use/Adapt)

A. Employee Request (Short Form)

Purpose: (e.g., court hearing / medical treatment / secure TPO)
Dates/Times Needed:
Supporting Document: (e.g., BPO copy / police report / sworn statement; if none yet, indicate timeline to submit)
Contact During Leave (optional for HR coordination):

B. HR Acknowledgment

Approval: VAWC Leave, up to __ days (Paid)
Period: __ to __ (intermittent use allowed)
Conditions: Submit follow-up documentation by __; coordinate re-entry and safety plan as needed.
Confidentiality: We will protect your information and restrict access to authorized personnel.

13) Red Flags & Good Practices

Do not require the employee to confront or notify the alleged abuser.
Do not demand multiple documents when one credible proof suffices.
Do allow flexible scheduling and intermittent use.
Do coordinate workplace safety discreetly.
Do document decisions (for both employee protection and compliance).

14) Remedies for Wrongful Denial or Retaliation

Internal grievance mechanisms (HR, Compliance, or Grievance Officer);
DOLE (for private sector labor standards/retaliation issues) or CSC (for civil servants);
Barangay/Police/Prosecution (for threats or continued abuse);
Courts (civil/criminal remedies under RA 9262 and related laws).

15) Key Takeaways

VAWC leave = up to 10 working days with full pay, purpose-specific, separate from other leaves, extendible when necessary.
Available to women employees who are victim-survivors under RA 9262, including situations involving violence against their children.
Documentation should be flexible and confidentiality is paramount.
Employers must adopt a victim-centered, non-retaliatory approach and may enhance the benefit via policy or CBA.

Disclaimer

This article is for general information and HR policy design. For case-specific advice, consult counsel or your HR/legal office, especially where proceedings, protection orders, or collective agreements are involved.