Short answer. No. As a VAWC victim you are entitled to up to ten days of paid leave on top of your other leaves, and an employer who denies that right or punishes you for using it is penalised under the Labor Code and Civil Service rules.
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
RA 9262, Section 43 — Paid Leave For Victims. Read the full provision →
The paid leave is a legal entitlement
Section 43 of Republic Act No. 9262 gives a woman or child who is a victim of violence the right to 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. This is a floor set by law, so your employer cannot treat it as a discretionary perk, fold it into your existing vacation or sick leave, or dock your pay for the days you use. The leave is also extendible when the necessity arises, as specified in the protection order the court issues. It exists so that you can attend hearings, seek medical help, relocate, or recover, without losing your income for doing so.
Punishing you for taking it is itself unlawful
The provision does not stop at granting the leave. It states that 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. To prejudice your right means more than an outright refusal. Cutting your pay, denying a promotion, handing you a poor rating, reassigning you to a worse post, or dismissing you because you took or asked for the leave all fall within it. In short, the law treats retaliation as a separate wrong on top of the denial of the leave itself, and it points to the labour and civil service penalty rules to enforce that.
Helping a co-worker is protected too
The safeguard reaches beyond the victim. The same section says that 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. So a colleague, supervisor, or HR officer who supports you — by processing your leave, testifying, or simply standing by you — cannot lawfully be punished for it either. This closes off a common pressure tactic, where management leans on the people around a victim to isolate her. Their protection is framed as liability for discrimination, a recognised labour wrong with its own consequences.
What the leave does not do
The entitlement has edges worth knowing. It is triggered by your status as a victim under the Act, usually shown through the protection order or the pending case, not by merely alleging trouble at home. The ten days are a statutory minimum for VAWC purposes; they do not replace your regular service incentive, maternity, or sick leave, and unused days do not automatically convert to cash unless another rule says so. The section also does not spell out a filing procedure, so your workplace policy or the protection order will guide how you notify your employer. If your employer refuses the leave or retaliates, keep written proof and act promptly, because labour claims are subject to time limits.