VAWC Leave and Special Leave for Women: Benefits You May Not Know
Learn about the 10-day paid VAWC leave under RA 9262 and the 2-month special leave for gynecological surgery under RA 9710 — benefits many Filipino women workers don't know they have.
Philippine law provides two special leave benefits specifically for women workers that many employees are not aware of. The first is VAWC leave for victims of violence against women and their children under RA 9262. The second is special leave for gynecological surgery under RA 9710, the Magna Carta of Women. Both are paid leave benefits that exist on top of your regular vacation leave, sick leave, and other statutory leave entitlements. Understanding these benefits can make a real difference during difficult times.
VAWC leave: 10 paid days for victims of violence
Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, provides up to 10 days of paid leave to women employees who are victims of violence. This applies to physical, sexual, psychological, and economic abuse committed by a spouse, former spouse, partner, or any person with whom the woman has or had a sexual or dating relationship. The leave allows you to attend to medical and legal concerns — such as seeking medical treatment, attending court hearings, or finding a safe place to stay — without losing your income.
How to use VAWC leave
To avail of VAWC leave, you need to present a protection order from the barangay or court, or a certification from the barangay or prosecutor's office that your case has been filed. The 10 days of paid leave can be used all at once or spread over separate periods as needed. If your situation requires more than 10 days, the leave is extendible as the court or other competent authority deems necessary. Your employer cannot refuse the leave if you present the proper documentation, and your employment status, seniority, and benefits must not be affected by taking this leave.
Confidentiality protections
The law protects your privacy throughout the process. Your employer is prohibited from disclosing the details of your VAWC case to other employees or to anyone outside the company. The fact that you took VAWC leave should be treated as confidential. If your employer retaliates against you — through termination, demotion, or harassment — for taking VAWC leave, that retaliation is a separate violation of the law and can be grounds for both a labor complaint and a criminal complaint under RA 9262.
Special leave for gynecological surgery: 2 months paid
Republic Act No. 9710, the Magna Carta of Women enacted in 2009, provides a special leave benefit of up to two months with full pay for women employees who undergo surgery caused by gynecological disorders. To qualify, the surgery must require hospitalization of at least one day, as certified by a competent physician. You must also have rendered at least six months of continuous aggregate employment service with your current employer during the 12-month period immediately preceding the surgery. This leave is separate from your SSS sickness benefit and from your regular sick leave.
What conditions are covered
The special leave covers a wide range of gynecological conditions that require surgery, including but not limited to hysterectomy, ovarian cystectomy, and mastectomy. The key requirement is that the condition must be gynecological in nature and the surgery must require at least one day of hospitalization. Outpatient procedures or non-surgical treatments do not qualify for this particular benefit, though they may be covered under your regular sick leave or SSS sickness benefit. Your attending physician will need to provide medical documentation to support your leave application.
Check your contract for these protections
Many employment contracts do not explicitly mention VAWC leave or special leave for gynecological surgery, even though these are mandatory benefits under the law. The absence of these provisions in your contract does not mean you are not entitled to them — they apply regardless of what your contract says. However, knowing what your contract does and does not include helps you advocate for your rights. Upload your contract to PlainDoc to see a complete picture of your leave benefits and to identify any gaps where the law provides more protection than your written agreement.