THE Labor department has issued an advisory on the leave entitlements of household workers under Republic Act 10361, or the Kasambahay law.
“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,” Department of Labor and Employment (DoLE) Secretary Silvestre H. Bello said in a statement on Wednesday.
He issued Labor Advisory No. 10 or “Entitlement of Kasambahay to Other Statutory Leave Benefits and Labor Standard Benefits” which will further strengthen the rights of household workers and their entitlement to work benefits and statutory leaves.
DoLE said that the Kasambahay Law entitles household workers to “13th-month pay, five days annual service incentive leave, and a one whole day uninterrupted weekly rest period.” Household workers will also get to enjoy benefits provided by the Social Security System (SSS), PhilHealth, and Pag-Ibig.
The labor advisory identified three other laws that “entitle kasambahays to special leave benefits.”
Household service workers can avail of Solo Parent Leave (Republic Act 8972), Special Leave Benefit for Women under the Magna Carta for Women (Republic Act 9710), and Violence against Women and their Children (VAWC) Leave (Republic Act 9262) “provided he/she meets all the conditions for entitlement,” the advisory stated.
Solo Parent Leave can be utilized by household workers who have to fulfill parental duties where their actual presence is important.
The Special Leave Benefit for Women is paid leave of up to two weeks to two months for women who need to address gynecological disorders.
Household workers who have experienced violence, which also includes economic abuse, are entitled to 10 days’ leave with pay under the VAWC law.
Household workers are also entitled to five days’ service incentive leave under the Labor Code. — Gillian M. Cortez