PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco
Parental leave for solo parents Solo parents, as defined under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, are entitled to sev - en days of parental leave with full pay each year. This leave is granted to enable solo parents to perform parental duties and responsibilities where physical presence is required. Leave for victims of violence against women and their children Republic Act No 9262, or the “Anti-Violence Against Women and Their Children Act of 2004”, grants female employees who are victims of violence up to ten days of leave with full pay. Special leave for women Under Republic Act No 9710 or the “Magna Carta of Women”, female employees who undergo surgery due to gynaecological disorders are entitled to a special leave benefit of two months with full pay. This ben - efit applies to those who have rendered at least six months of continuous aggregate service in the 12 months preceding surgery. The special leave is not cumulative and cannot be converted into cash. These leaves are statutory entitlements in the Philip - pines and are designed to support employees during significant life events, ensuring they receive the nec - essary time off with the corresponding pay to address personal and family matters. Limitations on Confidentiality and Non- Consistent with the principle of autonomy of con - tracts under Article 1306 of the Philippine Civil Code, employers may include confidentiality provisions in employment contracts to protect sensitive business information that employees may encounter dur - ing their tenure, provided that they are not contrary to public policy. These clauses can be designed to extend beyond the period of employment, effectively prohibiting the disclosure of proprietary information, including trade secrets, client lists, financial data, and any other information that, if disclosed, could harm the business. Disparagement Clauses Confidentiality clauses
other forms of incentives, but these are not statutorily required. Minimal Government Intervention Beyond establishing regional minimum wage rates, the government generally permits employers and employees to negotiate compensation levels and other employment terms, which are typically embod - ied in a CBA. 1.5 Other Employment Terms Holiday and Holiday Pay Under Article 95 of the Philippine Labour Code, regu - lar employees who have rendered at least one year of service are entitled to a Service Incentive Leave (SIL) of five days with pay each year. This leave can be used either for holidays or periods of illness. If an employee does not use the SIL within the year, it is convertible to cash at the end of the year. Required Leaves (Including Pay) Maternity leave Under Republic Act No 11210, known as the “Expand - ed Maternity Leave Law”, all female employees are entitled to 105 days of maternity leave with full pay. This benefit is provided regardless of the employee’s civil status, employment status, or the legitimacy of the child. An additional 15 days of leave with full pay is granted if the female employee qualifies as a solo parent under Republic Act No 8972, or the “Solo Par - ents’ Welfare Act of 2000”. In the case of miscarriage or emergency termination of pregnancy, the employ - ee is entitled to 60 days of leave with full pay. If the employee wishes, she can extend her maternity leave by an additional 30 days without pay. Paternity leave Republic Act No 8187, or the “Paternity Leave Act of 1996”, provides that all married male employees in the private sector are entitled to paternity leave for the first four deliveries of their legitimate spouse with whom they are cohabiting. The leave period is seven days with full pay, which is meant to allow the husband to support his wife during her recovery and in caring for the newborn child.
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