More Leave Benefits for Kasambahays

Household service workers may enjoy more leave benefits on top of the provisions in the Domestic Workers’ Act or the Kasambahay law.

This according to Secretary Silvestre Bello III in a Labor Advisory he issued which identified three other laws that entitle kasambahays to special leave benefits.

Under the advisory, household service workers who meet the requirements for Solo Parent Leave (RA 8972), Special Leave Benefit for Women under the Magna Carta for Women (RA 9710), and Violence against Women and their Children (VAWC) Leave (RA 9262), can apply for leave benefits provided by laws.

The leave entitlement are aside from the five days service incentive leave granted under the Labor Code.

The Solo Parent Leave under RA 8972 can be availed of by domestic household workers if they need to perform parental duties and responsibilities where physical presence is required.

Meanwhile, the Special Leave Benefit for Women under the Magna Carta for Women, or RA 9710, provides two weeks and up to 60 days (or 2 months) of paid leave. This is applicable to women workers who have a gynecological disorder that would require surgical procedures, such as dilatation and curettage or those involving female reproductive organs as well as gynecological surgeries, such as hysterectomy, ovariectomy, and mastectomy.

Also, the Kasambahays who are victims of physical, sexual, and psychological violence, as well as economic abuse, are entitled to avail of a 10-day paid leave under Republic Act No. 9262.

“Our household service workers shall be entitled to all the rights and benefits granted under RA 10361, or Batas Kasambahay, as amended unless expressly provided. The employers are not prohibited from granting such other benefits in addition to the minimum requirements of the law,” Bello said.

Bello also encouraged healthy dialogue between the Kasambahay and their employer to promote a harmonious working environment and settle disputes.

RA 10361 provides benefits for household service workers such as a standard minimum wage, among others.

The Kasambahay law, which is considered as a landmark labor and social legislation, also entitles household service workers to mandatory social benefits such as SSS, Philhealth, and Pag-Ibig, 13th-month pay, five days annual service incentive leave, and a one whole day uninterrupted weekly rest period. (DOLE/Paul Ang)