9. Battered Woman Leave

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battered woman leave RA 9262

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  • RA 9262 This law which referred to Anti-Violence Against Women and their Children approved on March 8, 2004 allows the victim of violence, which may be physical, sexual or psychological, to apply for the issuance of a protection order. It will shield her from further violence and give her related reliefs. If the victim is an employee, she will be entitled to a paid leave up to ten days in addition to other paid leaves under the Labor Code, other laws, and company policies. It is also worthy to note that the leave can be extended when the necessity arises as noted in the protection order. A requirement to apply for the battered woman leave is a certification obtained from the Barangay Captain or Kagawad or prosecutor or the clerk of court that an action based on R. A. 9262 has been filed and is pending. The use of the ten-day leave is at the option of the woman employee. It shall be used for the days that she need to attend to medical and legal concerns. Leaves not availed of are non-cumulative and not convertible to cash. Indeed, the battered woman leave is useful for women as victims of violence. Lastly, this law is only applicable in the Philippines. Sec. 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. Any employer who shall prejudice the right of the person under this Sec. shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.