Short answer. No. Section 43 of RA 9262 gives victims of violence against women and their children a paid leave of up to ten days, on top of other paid leaves they already have. An employer who denies or prejudices this right faces penalties 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, extendible when the necessity arises as specified in the protection order.
RA 9262, Section 43 — Paid Leave For Victims. Read the full provision →
The right to ten days of paid leave
Section 43 of RA 9262 grants victims under the Act a paid leave of absence of up to ten days. This is separate from your sick leave, vacation leave, or any other leave you are already entitled to under the Labor Code — it is additional, not a substitute. The ten days is the baseline; if your situation requires more time and a protection order specifies it, the leave can be extended beyond that period.
Your employer cannot refuse or retaliate
The law is direct: 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. Refusing to grant the leave, demoting you, cutting your pay, or making your workplace hostile because you used this right are all forms of prejudicing it. The law also protects co-workers who help you — an employer who discriminates against a colleague who assisted a victim is equally liable.
Who qualifies as a victim under RA 9262
RA 9262 covers women and their children who have experienced physical, sexual, psychological, or economic abuse by a spouse, former spouse, partner, or any person with whom they have a dating or sexual relationship, or with whom they share a child. The leave right belongs to the victim, not limited by her current employment status or the stage of any legal case. You do not need a final conviction against the abuser to use this leave.
How to exercise the right
Although the brief does not prescribe a specific form, in practice you would notify your employer in writing and indicate that you are availing of VAWC leave. Keep documentation of what is happening — police reports, barangay protection orders, medical records — as these support your claim if the employer disputes it. If you obtain a protection order from the court specifying additional leave beyond ten days, present that to your employer as well. If your employer refuses despite notice, this is a labor matter you can raise with the DOLE.