Leave privileges under RA 9262

Leave privileges under RA 9262 "I am a senior accountant in a multinational company located in Makati City. I filed a case against my former partner for violation of Republic Act (RA) 9262 (Anti-Violence Against Women and Their Children Act of 2004). The case is pending before a Regional Trial Court in Taguig City. I am having a hard time attending our hearings because of my work schedule. I was told by my officemate that I have leave privileges under RA 9262. Is this true? AmethystDear Amethyst, The Implementing Rules and Regulations of RA 9262 provides:“SECTION 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 section 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.xxx “SECTION 42. Ten-day paid leave in addition to other leave benefits. - At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of VAWC who is employed shall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations and other existing laws and company policies, extendible when the necessity arises as specified in the protection order. The Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is required for the employer to comply with the 10-day paid leave. For government employees, in addition to the aforementioned certification, the employee concerned must file an application for leave citing as basis RA 9262. The administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the Regional Director of the DoLE under Article 129 of the Labor Code of the Philippines, as amended, for employees in the private sector, and the Civil Service Commission, for government employees.” (Emphasis supplied)Applying the aforementioned law in your situation, you are entitled to a 10-day leave, which you can use during the application of any protection order, investigation, prosecution or trial of your case. Before you can avail of such leave privileges, you must first obtain a certificate from your barangay that you have filed a case under RA 9262. The law likewise states that any employer or agency head, who denies the application for leave, and who shall prejudice the victim or any person for assisting her, shall be held liable for discrimination and violation of RA 9262.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/