All There is to Know About Battered Woman Leave (VAWC Leave) Under Republic Act No. 9262

Governing Law and Purpose
The entitlement to a special leave for a battered woman arises from Republic Act No. 9262, known as the “Anti-Violence Against Women and Their Children Act of 2004” (VAWC law). Enacted to protect women and their children from various forms of abuse—physical, psychological, sexual, and economic—this law includes labor standards that aim to assist victim-survivors in seeking redress, securing their safety, and restoring their well-being. One such protective mechanism is the grant of a paid leave benefit distinct from other statutorily mandated leaves.
Nature of the Leave
The Battered Woman Leave (sometimes referred to as the "VAWC Leave") grants eligible female employees suffering from violence—committed by an intimate partner or any person as defined under the law—up to ten (10) days of paid leave. This is a labor standard benefit and is separate from, and in addition to, other leaves such as the Sick Leave, Vacation Leave, or the 105-Day Expanded Maternity Leave. It is not contingent upon the length of service and must be granted once the conditions are met.
Coverage and Eligibility
- Who May Avail:
  Any female employee in the private or public sector, regardless of employment status or tenure, is entitled to this special leave if she is a victim of violence as defined under R.A. No. 9262. The violence may be physical, sexual, psychological, or economic, committed by the spouse, former spouse, or any person with whom the woman has or had a sexual or dating relationship, or with whom she has a common child, or against her child who is a minor, whether legitimate or illegitimate.
- Substantiation/Proof Required:
  The woman must present reasonable proof or documentation to her employer to support her claim of violence. Typically, this includes one or more of the following:
  - A Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO) issued by the court.
  - A certification or report from law enforcement agencies, such as the police blotter or medico-legal report.
  - Any official document or affidavit attesting to the occurrence of violence.
  The presentation of a protection order or a report from the authorities would generally suffice as it is recognized by law and employers as a credible basis for granting the leave.
Duration and Usage of the Leave
- Duration:
  The law provides for a paid leave of up to ten (10) days. The full ten days need not be taken at once and may be utilized on a staggered basis, depending on the victim’s needs and the circumstances. The leave is granted for every instance or episode of violence. If multiple instances occur (properly documented), the victim may avail of a new 10-day leave per instance.
- Purpose of the Leave:
  This special leave is intended to give victim-survivors the time and resources to:
  - Seek legal remedies, such as filing the appropriate criminal or civil case.
  - Attend to medical or psychological treatments related to the abuse.
  - Make the necessary arrangements for safety and support, including temporary shelter, counseling sessions, and necessary court appearances.
The fundamental idea is to reduce economic vulnerability during a critical period when the victim is dealing with the aftermath of abuse.
Payment and Benefits During Leave
- Wage and Benefit Continuity:
  The battered woman leave is fully paid. The employer is mandated to pay the employee’s salary during the ten days of absence. Moreover, the period during which the employee is on VAWC leave is considered part of her continuous service for purposes of seniority, length of service, and other employment benefits.
- Non-Diminution of Benefits:
  Employers cannot reduce, revoke, or substitute existing leave benefits with the VAWC leave, nor can they use this as a ground to diminish previously agreed upon or company-granted leaves or benefits.
Employer’s Obligations and Restrictions
- Mandatory Compliance:
  The granting of battered woman leave is not discretionary. Once a qualifying employee presents the required documentation, the employer must grant and pay the leave. Failure to do so can expose the employer to administrative and possibly civil or criminal liability under the labor laws and under R.A. No. 9262 itself.
- Confidentiality and Non-Discrimination:
  Employers must handle all matters pertaining to VAWC leave requests with utmost confidentiality. They should not discriminate against the employee for having been a victim of violence. Any retaliatory action, harassment, or denial of rights because the employee took the leave may give rise to claims under labor law and under the anti-VAWC law.
- Record Keeping:
  Employers are encouraged to keep proper records of the VAWC leave usage while maintaining strict confidentiality. Such records must be handled in compliance with data privacy standards and should not be disclosed to unauthorized personnel.
Relation to Other Laws and Regulations
- Labor Code Consistency:
  The VAWC leave does not contravene existing provisions of the Labor Code. It enhances the protective measures for female employees who are survivors of violence and operates alongside general labor protections.
- Coordination with Department Orders and Circulars:
  The Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC), for public sector employees, have issued guidelines to ensure the proper implementation of R.A. No. 9262’s leave provision. Employers and HR personnel should consult relevant department orders, circulars, and updates to ensure correct and uniform application.
- Consistency with Anti-VAWC Framework:
  The leave aligns with the overall framework of R.A. No. 9262, which empowers victims by providing immediate practical aid (such as employment protection and financial stability through paid leave) while they navigate the justice system and personal safety considerations.
Enforcement and Remedies
- Enforcement Mechanisms:
  The DOLE is primarily responsible for monitoring compliance with labor standards in the private sector. If an employer refuses to grant the leave or penalizes the employee for availing of it, the aggrieved employee may file a complaint before the DOLE, the National Labor Relations Commission (NLRC), or appropriate courts.
- Legal Recourse for Violations:
  Beyond labor violations, non-compliance with the VAWC leave entitlement can be considered a form of discrimination or interference with a legally mandated right. Victims can seek remedies provided under labor laws, and, if warranted, may also explore civil or criminal action under R.A. No. 9262 for certain violations.

In Summary:
The Battered Woman Leave under R.A. No. 9262 is a statutorily mandated, fully paid leave of up to ten days granted to female employees who are survivors of violence. It provides a vital legal mechanism to allow them time to address physical, psychological, legal, and safety concerns without the added burden of losing income or jeopardizing their employment. All employers—public or private—must comply with this requirement, treat affected employees with utmost respect and confidentiality, and avoid any form of retaliation, ensuring that this legislative protection truly empowers women to safeguard their rights and well-being.