Statutory leaves in the Philippines
Philippine law grants service incentive leave, maternity leave, paternity leave, solo parent leave, leave for victims of violence against women and children, and special leave for women, each with its own conditions.
At a glance
| Leave | Days | Who qualifies | Law |
|---|---|---|---|
| Service incentive leave | 5 days a year, paid | Employees with at least one year of service | Labor Code, Art. 95 |
| Maternity leave | 105 days for live birth, 60 days for miscarriage | Female employees, with SSS benefit | RA 11210 |
| Paternity leave | 7 days | Married male employees, first four deliveries | RA 8187 |
| Solo parent leave | 7 working days a year | Solo parents with at least six months of service | RA 8972 as amended by RA 11861 |
| VAWC leave | Up to 10 days, paid | Women employees who are victims of violence | RA 9262 |
| Special leave for women | Up to 2 months, paid | Women who undergo gynecological surgery | RA 9710 |
Who pays
Maternity benefits are advanced by the employer and reimbursed by SSS for members who meet the contribution requirements. Other leaves are paid by the employer.
Setting these up
Record each leave as its own leave type, with its entitlement and the documents needed (for example a birth certificate or a solo parent ID). See Check and adjust leave balances and Service incentive leave rules.
Company leave beyond the law
Vacation leave, sick leave, bereavement leave and others are company benefits. Put the amount, accrual and conversion rules in the leave policy so every employee gets the same treatment.
Questions people ask
How many days of maternity leave does the law give?
105 days for a live childbirth, with an option to extend by 30 days without pay. A solo parent gets an additional 15 days. Miscarriage or emergency termination of pregnancy carries 60 days.
How many days of paternity leave are there?
Seven days for a married male employee, for each of the first four deliveries of his lawful spouse.
How many days of solo parent leave are there?
Seven working days a year, with full pay, for a solo parent who has rendered at least six months of service.
Are sick leave and vacation leave required by law?
No. Only the five days of service incentive leave is required by the Labor Code, and employers who give at least five days of paid vacation or sick leave already meet it. Anything beyond that comes from company policy or agreement.
Sources
- Labor Code of the Philippines, Article 95 (service incentive leave)
- Republic Act No. 11210, 105-Day Expanded Maternity Leave Law
- Republic Act No. 8187, Paternity Leave Act of 1996
- Republic Act No. 8972 as amended by Republic Act No. 11861, Expanded Solo Parents Welfare Act
- Republic Act No. 9262, Anti-Violence Against Women and Their Children Act
- Republic Act No. 9710, Magna Carta of Women