Short answer. Yes. Victims under RA 9262 are entitled to up to ten paid leave days in addition to other leaves you already have under the Labor Code or Civil Service Rules. This leave can be extended further when a protection order specifies that the necessity exists for longer.
What the law says
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.
RA 9262, Section 43 — Paid Leave For Victims. Read the full provision →
What the VAWC leave covers
Section 43 of RA 9262 creates a dedicated paid leave entitlement for victims of violence against women and their children. The ten days are specifically for dealing with the consequences of being a VAWC victim — attending court hearings, seeking medical care, securing temporary housing, meeting with lawyers, or any other necessity arising from the situation. These days are separate from and additional to whatever service incentive leave, sick leave, vacation leave, or other leave credits you already have. Your employer cannot count them against your existing leave balance.
Extending the leave through a protection order
Ten days may not be enough depending on the complexity of your case and your safety needs. The law provides that the leave is extendible when the necessity arises as specified in the protection order. This means that if you have obtained a Barangay Protection Order, a Temporary Protection Order, or a Permanent Protection Order, and that order identifies the need for extended leave as part of your protection, the leave entitlement can go beyond ten days. The protection order is therefore not just a safety instrument — it is also the mechanism for unlocking additional leave time if your situation demands it.
Your employer cannot punish you for taking this leave
Section 43 directly addresses employer conduct. An employer who prejudices the rights of a VAWC victim under this provision — whether by denying the leave, docking pay, demoting the employee, or creating a hostile environment because the employee exercised this right — is penalized under the Labor Code and Civil Service Rules and Regulations. The same protection extends to co-employees who assist a VAWC victim: discriminating against someone for helping a colleague who is a victim is also punishable. This protection matters because fear of workplace retaliation sometimes prevents victims from using the leave they are legally entitled to.
How to claim the leave
In practice, you should notify your employer or HR department and provide documentation establishing that you are a victim covered by RA 9262. This typically means a copy of the relevant protection order, a barangay certification, or a similar document showing the active VAWC situation. Government employees follow Civil Service rules on how to formally apply; private sector employees follow company HR procedures supplemented by the Labor Code. The law does not specify the exact form of documentation required, but having a written record of your request and your employer's response protects you if a dispute arises later.