Short answer. Yes. RA 9262 grants victims a paid leave of up to ten days in addition to other paid leaves, and declares it extendible when the necessity arises as specified in the protection order. The extension therefore turns on what the protection order specifies, not on the employer's discretion.
What the law says
extendible when the necessity arises as specified in the protection order
RA 9262, Section 43 — Paid Leave For Victims. Read the full provision →
The base entitlement
The statute entitles victims 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. Two features matter. It is paid leave — the days are not deducted from salary. And it is in addition to existing leave credits, so an employer cannot charge it against vacation, sick or service incentive leave. It covers both private-sector workers, through the Labor Code, and government employees, through the Civil Service rules. The leave exists so a victim can attend to safety, medical needs and legal proceedings without choosing between protection and a paycheck.
How the extension works
The ten days are a starting figure, not a ceiling: the leave is extendible when the necessity arises as specified in the protection order. The law thus ties the extension to one document — the protection order issued in the victim's favour. If the situation requires more than ten days, the need for extended leave is a matter to raise in the protection-order proceedings, so that the order itself spells out the necessity. For the employee, this is the practical takeaway: secure and keep a copy of the protection order, because it is both the basis of the entitlement and the instrument that can carry the extension.
What happens to an employer who refuses
The provision has teeth on the employment side. 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. Prejudice would include refusing the leave, docking pay for it, or punishing the employee for taking it. The statute goes one step further: 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 retaliation against a colleague who helped — who accompanied the victim to court, say — is itself a violation.
Using the leave in practice
An employee invoking this leave should be ready to show the employer the basis for it — the protection order is the document the statute itself points to. Keep records: when leave was requested, what was submitted, and how the employer responded, because those facts are what any complaint over a refusal will stand on. If more than ten days will plainly be needed — extended court hearings, relocation, medical treatment — raise the extension early through the protection order rather than waiting for the days to run out. A lawyer or the barangay and court personnel handling the protection order can help put the necessity on record.