Labor Law RFBT 4 PDF

LABOR LAW RFBT 4 1 ST SEMESTER A.Y. 2024-2025  LABOR LAW The law that governs the rights and duties of the employer and employee as to: 1. The terms and conditions of employment; and 2. Labor disputes arising from collective bargaining or other concerted activities respecting such terms...

LABOR LAW RFBT 4 1 ST SEMESTER A.Y. 2024-2025  LABOR LAW The law that governs the rights and duties of the employer and employee as to: 1. The terms and conditions of employment; and 2. Labor disputes arising from collective bargaining or other concerted activities respecting such terms and conditions.  APPLICABILITY OF LABOR STANDARDS GR: Title 1, Book III of the Labor Code deals with hours of work, weekly rest periods, holidays, service incentive leaves, and service charges and covers all employees in all establishments, whether for profit or not.  APPLICABILITY OF LABOR STANDARDS Exceptions: 1. Government employees; - not working in the principal place of business 2. Field personnel; - not monitored 3. Managerial employees; -- roles and responsibilities not title independent management 4. Officers and members of the managerial staff; 5. Members of the family of the employer who are dependent on him for support;  APPLICABILITY OF LABOR STANDARDS Exceptions: 6. Workers paid by results; 7. Person in the personal service of another; and 8. Domestic helpers.  APPLICABILITY OF LABOR STANDARDS Employer Refers to a person who employs the services of another, called a worker or employee, and pays the latter’s wages or salaries. Employee Refers to a person who works for an employer. He/she is a person who is compensated for his/her labor or service by wages rather than by profits.  EMPLOYER-EMPLOYEE RELATIONSHIP Test of Employment Relationship I. Four-fold Test a. Selection and Engagement of the employee; - if the employer is the one who hired the employee b. Payment of wages; - if the employer pays the wages c. Power of dismissal; and - if the employer has the power to terminate d. Power of control. - if the employer has the power to say about the work of the employees Note: The control test is the most important element.  EMPLOYER-EMPLOYEE RELATIONSHIP Test of Employment Relationship II. Economic Dependency (Two-tiered Test) ELEMENTS: 1. The putative employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished (Four-fold test) 2. The underlying economic realities of the activity or relationship (Economic reality test)  EMPLOYER-EMPLOYEE RELATIONSHIP Kinds of Employment: 1. As to Tenure a. Permanent/Regular b. Temporary/Probationary  EMPLOYER-EMPLOYEE RELATIONSHIP Kinds of Employment: 2. As to the Labor Code a. Regular b. Project c. Seasonal d. Casual e. Probationary f. Fixed-term  NORMAL HOURS OF WORK GR: The normal hours of work of any employee shall not exceed 8 hours a day. Exceptions: 1. Health personnel; 2. Compressed workweek.  NORMAL HOURS OF WORK GR: The normal hours of work of any employee shall not exceed 8 hours a day. Exceptions: 1. Health personnel; 2. Compressed workweek.  NORMAL HOURS OF WORK Rationale of the 8-Hour Labor 1. To safeguard the health and welfare of the laborer; and 2. To minimize unemployment by utilizing different shifts; 3. To afford the employees adequate time to lead richer and more fruitful, meaningful lives and to be able to participate intelligently in public concerns.  NORMAL HOURS OF WORK Does the 8 working hours need to be continuous? No, the 8 working hours fixed by law need not be continuous. It may be broken hours of say, 4 hours in the morning and 4 hours in the evening or variation thereof provided the total of 8 hours is accomplished within the working day.  NORMAL HOURS OF WORK What composes work day? Work day is the 24-hour period which commences from the time the employee regularly starts to work. Ex. If the worker starts to work 8 am today, the workday is from 8 am today up to 8 am tomorrow.  NORMAL HOURS OF WORK What is compressed workweek? It is scheme where the normal workweek is reduced to less than 6 days but the total number of work-hours of 48 hours per week shall remain. The normal workhour is increased to more than 8 hours, but not to exceed 12 hours, without corresponding overtime premium.  NORMAL HOURS OF WORK Requisites for compressed workweek: 1. The scheme is expressly and voluntarily supported by the majority of the Employees; 2. In firms using substances or operating in conditions that are hazardous to health, certification is needed from an accredited safety organization or the firm’s safety committee that works beyond 8 hours and is within the limit or levels of exposure set by DOLE’s occupational safety and health standards. 3. The DOLE Regional Office is duly notified.  HOURS WORKED Working Time It is one during which an employee is actually working. It may include an instance when an employee is not actually working, but he is required to be present in the employer’s premises.  HOURS WORKED When hours worked are compensable? 1. Employee is required to be on duty or to be at a prescribed workplace; 2. Employee is suffered or permitted to work; 3. Rest periods of short duration during working hours, which shall not be more than 20 minutes; and 4. Meal periods of less than 20 minutes. Note: Travel time when beneficial to the Employer is compensable.  HOURS WORKED Rules on Hours Worked A. Waiting Time It shall be considered as working time if: 1. Waiting is an integral part of this work; 2. The employee is required or engaged by the employer to wait; or 3. When an employee is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose.  HOURS WORKED Engaged to Wait vs. Waiting to be Engaged In engaged to wait, waiting is an integral part of the job, while in waiting to be engaged, idle time is not working time; it is not compensable.  HOURS WORKED Rules on Hours Worked B. Preliminary and Postliminary Activities Deemed performed during working hours and compensable: 1. Where such activities are controlled by the employer or required by the employer; and 2. Pursued necessarily and primarily for the employer’s benefit.  HOURS WORKED Rules on Hours Worked C. Travel Time 1. Travel from home to work GR: Normal travel from home to work is not working time. Exceptions: a. Emergency call outside his regular working hours where he is required to travel to his regular place of business or some other work site.  HOURS WORKED Rules on Hours Worked C. Travel Time 1. Travel from home to work Exceptions: b. Done through a conveyance provided by the Employer. c. Done under the supervision and control of the Employer. d. Done under vexing and dangerous circumstances.  HOURS WORKED Rules on Hours Worked C. Travel Time 2. Travel that is all in a day’s work Time spent in travel as part of the Employees principal activity is compensable.  HOURS WORKED Rules on Hours Worked C. Travel Time 3. Travel away from home 1. Travel time that requires an overnight stay on the part of the Employee when it cuts across the Employee’s workday is clearly working time. 2. The time is not only hours worked on regular workdays but also during corresponding working hours on non-working days. Outside of these regular working hours, travel away from home is not considered working time.  HOURS WORKED Rules on Hours Worked D. Sleeping Time Whether the an employee’s sleeping time will be considered as per his working time will depend upon the express or implied agreement of the parties. In the absence of an agreement, it will depend on the nature of the service and its relation to the working time.  HOURS WORKED Rules on Hours Worked E. Power Interruptions a. Brownouts of short duration but not exceeding 20 minutes shall be treated as worked or compensable hours whether used productively by the employees or not.  HOURS WORKED Rules on Hours Worked E. Power Interruptions b. Brownouts running for more than 20 minutes may not be treated as hours worked provided that nay of the following conditions present: i. The employees can leave their workplace or go elsewhere, whether within or outside the work premise; or ii. The employees can use the time effectively for their own interest.  HOURS WORKED Rules on Hours Worked F. Lectures, Meetings, Training programs Attendance at lectures, meetings, training programs, and similar activities need not be counted as working time if the following criteria are met: a. Attendance is outside of the employee’s regular working hours; b. Attendance is in fact voluntary; c. The employee does not perform any productive work during such attendance.  HOURS WORKED Rules on Hours Worked G. Semestral Break of Teachers Considered as compensable hours worked it is a form of interruption beyond their control. Note: Payment compensation is given only to regular full-time teachers.  HOURS WORKED Hours of Work of Health Personnel GR: 8 hours for 5 days (40-hours workweek), exclusive of time for meals. Exceptions: Where the exigencies of the service require that such personnel work for 6 days or 48 hours, they shall be entitled to an additional compensation of at least 30% of their regular wage for work on the 6th Day.  HOURS WORKED Hours of Work of Health Personnel Covered: 1. Those in cities and municipalities with a population of at least 1 million; or 2. Those in hospitals and clinics with a bed capacity of at least 100.  MEAL PERIOD Duration: Every employer shall give his employee not less than 60 minutes or 1 hour time-off for regular meals.  MEAL PERIOD Non-compensability of the Meal Period For a full one-hour undisturbed lunch break, the employees can freely and effectively use this hour not only for eating, but also for their rest and comfort, which are conducive to more efficiency and better performance in their work.  MEAL PERIOD Compensable Meal Period It is compensable where the lunch period or meal time: 1. Is predominantly spent for the Employer’s benefit; or 2. When it is less than 60 minutes. Note: Where during a meal period, the laborers are required to stand by for emergency work, or where the meal hour is not of complete rest, such is considered overtime.  BASIC PAY Wages It is the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, payable by an employer to an employee under a written or unwritten contract of employment.  BASIC PAY “No work, no pay” Principle (Fair Day’s Wage for a Fair Day ‘s Labor) GR: If there is no work performed by the employee, without the fault of the employer, there can be no wage or pay burden of economic loss suffered by employee shall not be shifted to the employer.  BASIC PAY “No work, no pay” Principle (Fair Day’s Wage for a Fair Day ‘s Labor) Exception: When the laborer was able, willing, and ready to work but was: 1. Prevented by management; 2. Illegally locked out; 3. Illegally suspended; 4. Illegally dismissed; 5. Illegally prevented from working.  BASIC PAY “Equal Pay for Equal Work” Principle Persons who work with substantially equal qualifications, skills, effort, and responsibility under similar conditions should be paid similar salaries.  BASIC PAY Salary Denotes a higher degree of employment or a superior grade of services, implies a position of office, and is suggestive of a larger and more important.  BASIC PAY Basic Salary The term includes remuneration or earnings paid by the employer to the employee but excludes cost-of-living allowances (COLA), profit-sharing, payments, and all allowances and monetary benefits that are not considered part of the employee's basic salary.  NIGHT SHIFT DIFFERENTIAL Every employee shall be paid a night shift differential of not less than TEN PERCENT (10%) of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM. GR: All employees are entitled to Nigh Shift Differential.  NIGHT SHIFT DIFFERENTIAL Not Covered: 1. Those of the government and any of its political subdivision, including GOCCs; 2. Those retail and service establishments regularly employing not more than FIVE (5) workers; 3. Domestic helpers and persons in the personal service of another; 4. Managerial employees; 5. Field personnel and other employees whose time and performance are unsupervised by the employer, including those who are engaged on a task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time presumed in the performance thereof.  NIGHT SHIFT DIFFERENTIAL Purpose of NSD: To give premium to night work when an employee is supposed to be sleeping. Working of night is violative of the law of nature for it is the period for rest and sleep.  NIGHT SHIFT DIFFERENTIAL Non-waivability: GR: Waiver of NSD is against public policy. Exception: Waiver is allowed if it will result in higher or better benefits to employees.  NIGHT SHIFT DIFFERENTIAL Night Shift Differential in Overtime Pay If work done between 10 PM and 6 AM is overtime work, then the 10% NSD should be based on the overtime rate.  OVERTIME PAY Overtime Work Is the service rendered in excess of and in addition to eight hours on ordinary working days. Overtime Pay Is the additional compensation of at least TWENTY FIVE (25%) on the regular wage for the service or work rendered or performed as overtime work.  OVERTIME PAY Rationale: Employee is made to work longer than what is commensurate with his agreed compensation for the statutory fixed or voluntarily agreed hours of labor he is supposed to do.  OVERTIME PAY Is notice to the employer necessary? Express instruction from the employer to the employee to render OT work is not required for the Employee to be entitled to OT pay; it is sufficient that the Employee is permitted or suffered to work. However, written authority after office hours during rest days and holidays is required for entitlement to compensation.  OVERTIME PAY Can employees be compelled to work overtime? GR: The employee may not be compelled to work more than 8 hours a day. Exception: 1. When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive; 2. When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency locally caused by a serious accident, fire, floods, typhoons, earthquakes, epidemic, or other disaster or calamities. 3. When the work is necessary to prevent loss or damage to perishable goods;  OVERTIME PAY Can employees be compelled to work overtime? Exception: 4. When there is urgent work to be performed on machines, installations, or equipment in order to avoid serious loss or damage to the employer or some other causes of similar nature; 5. When the completion or continuation of work started before the 8th hours is necessary to prevent serious obstruction or prejudice to the business or operations of the employer; or 6. When overtime work is necessary to avail of favorable weather or environmental conditions where the performance or quality of work is dependent thereon.  OVERTIME PAY Overtime Pay Rates OVERTIME PAY RATES During a Regular working day Additional Compensation of 25% of the regular wage. During a holiday or rest day Additional compensation of 30%: 1. If done on a special working day OR rest day, 130% of Regular Wage; 2. If done on a special working day AND rest day, 150% of Regular Wage; 3. If done on a regular holiday, 200% of Regular Wage.  OVERTIME PAY Waiver of Overtime Pay GR: The right to overtime cannot be waived. Any stipulation in the contract that the laborer/employee shall work beyond eight hours without additional compensation for the extra hours is contrary to law and null and void.  OVERTIME PAY Waiver of Overtime Pay Exceptions: 1. When the alleged waiver of overtime pay is in consideration of benefits and privileges that may be more than what will accrue to them in overtime pay, the waiver may be permitted. 2. Compressed workweek. Note: OT beyond 12 hours a day or 48 hours a week.  OVERTIME PAY Undertime not offset by overtime. Where a worker incurs undertime hours during his regular daily work, said undertime hours should not be offset against the overtime hours on the same day or on any other day.  REST PERIODS Right to weekly rest day Every employer shall give his employee a rest period of not less than 24 consecutive hours after every 6 consecutive normal work-days.  REST PERIODS Person who determines Weekly Rest Period: GR: The employer shall determine and schedule the weekly rest period for employees. Exceptions: 1. Collective Bargaining Agreement; 2. Rules and Regulations as the Secretary of Labor and Employment provides; 3. Preference of Employee based on religious grounds.  EMERGENCY REST DAY WORK Employee to work on his rest day? GR: The Employee cannot be compelled by the Employer to work on his rest day. Exception: 1. In case of actual or impending emergencies caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity to prevent loss of life and property, or imminent danger to the public. 2. In case of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; 3. To prevent loss or damage to perishable goods.  EMERGENCY REST DAY WORK Employee to work on his rest day? GR: The Employee cannot be compelled by the Employer to work on his rest day. Exception: 4. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; 5. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and 6. Under circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.  EMERGENCY REST DAY WORK Premium Pay INSTANCES RATES OF ADDITIONAL COMPENSATION Work on a scheduled rest day +30% premium pay of 100% RW Work performed on Sundays and +30% premium pay of 100% RW Holidays by an Employee who has no regular workdays and rest days Work on a Sunday if Employees +30% premium pay of 100% RW scheduled rest day Work performed on a special +50% premium pay of 100%RW holiday and same day is the scheduled rest day Work performed on a special Employee is only entitled to basic working holiday rate.  HOLIDAY PAY Holiday Pay is one-day pay given by law to an employee even if he does not work on a regular holiday.  HOLIDAY PAY Person entitled to Holiday Pay: GR: All Employees are entitled. Exception: 1. Government Employees and any of its political subdivisions, including GOCCs; 2. Retail and service establishments regularly employing less than 10 workers; 3. Domestic helpers and persons in the personal service of another; 4. Employee engaged on task or contract basis or purely commission basis;  HOLIDAY PAY Person entitled to Holiday Pay: GR: All Employees are entitled. Exception: 5. Members of the Family of the employer who are dependent on him for support; 6. Managerial employer and other members of the managerial staff; 7. Field personnel and other Employees whose time and performance are unsupervised by the Employer; and 8. Employee paid fixed amount for performing work irrespective of the time consumed in the performance thereof.  HOLIDAY PAY Purpose: To secure the payment of undiminished monthly income undisturbed by any work interruption. In other words, although the worker is forced to take a rest, he earns what he should earn, that is, his holiday pay. (JRC vs. NLRC, G.R. No. 65842)  HOLIDAY PAY Regular Holiday Date New Year’s Day January 1 Araw ng Kagitingan Monday nearest April 1 Maundy Thursday Movable Date Good Friday Movable Date Labor Day May 1 Independence Day June 12 National Heroes Day Last Monday of August Eidl Fitr Movable Date Eidl Adha Movable Date Bonifacio Day November 30 Christmas Day December 25 Rizal Day December 30  HOLIDAY PAY SPECIAL (NON-WORKING) HOLIDAY Date Ninoy Aquino Day August 21 All Saints Day November 1 Feast of Immaculate Conception of December 8 Mary Last Day of the year December 31 Other Holidays declared by law and ordinances  HOLIDAY PAY COMPUTATION 1. Regular Holiday a. If it is employee’s regular workday i. Unworked – (Daily rate + COLA) X 100% ii. Worked – 1st Eight hours- (Daily rate + COLA) X 200% - Excess of 8 hours – (Hourly rate of the basic daily wage X 200% X 130% X No. of hours worked)  HOLIDAY PAY COMPUTATION 1. Regular Holiday b. If it is the employee’s rest day i. Unworked – (Daily rate + COLA) X 100% ii. Worked – 1st Eight hours – [(Daily rate + COLA) X 200%] + [30% (Daily rate X 200% - Excess of 8 hours – (Hourly rate of the basic daily wage X 200% X 130% X 130% X No. of hours worked)  HOLIDAY PAY COMPUTATION 1. Special Non-Working Day a. If it is the employee’s workday i. Unworked – No pay unless there is a favorable company policy, practice or CBA granting payment of wages on special days if unworked ii. Worked – 1st Eight hours – (Daily rate X 130%) + COLA - Excess of 8 hours – (Hourly rate of the basic daily wage X 130% X 130% X No. of hours worked)  HOLIDAY PAY Important Condition that should be met in order to avail/receive the single holiday pay: The employee should not have been absent without pay on the working day immediately preceding the Regular Holiday.  13th Month Pay It is a form of monetary benefit equivalent to the monthly basic compensation received by the employee, computed pro-rata according to the number of months within a year that the employee has rendered service to the employer.  13th Month Pay Basis For purpose of computing the 13 month pay, “basic salary” includes all remuneration or earnings paid by an employer to an employee for services rendered. It does not include benefits which are not considered or integrated as part of the regular or basic salary such as COLA, Holiday pay, overtime pay, premium pay, NSD, cash equivalent of unused vacation and sick leave, and commission if it s not an integra part of the basic salary.  13th Month Pay Time of Payment: All employers are required to pay all their rank-and-file employees, a 13th month pay not later than Dec. 24 of every year.  13th Month Pay Minimum Period of Service Required: It is imposed as a minimum service requirement that the employee should have worked for at least One (1) month during a calendar year.  13th Month Pay Coverage: 1. Employee GR: All rank-and-file employees regardless of the amount of basic salary that they receive in a month if their employers are not otherwise exempted paying the 13 month pay. Exception: a. Employees paid purely on commission basis; b. Employees already receiving 13 month pay; c. Government employees.  13th Month Pay Coverage: 2. Employer GR: All employers are covered by 13-month pay. Exception: Employers of those who are Paid on Purely commission basis; boundary basis; task basis; or a fixed amount for performing a specific work.  SERVICE INCENTIVE LEAVE (SIL) It is a 5-day leave with pay for every employee who has rendered at least 1 year of service whether continuous or broken.  SERVICE INCENTIVE LEAVE (SIL) Purpose: The stipulation in the contract for the allowance of a vacation to employees is merely recognition by management and labor that a short interval of complete ret and relaxation from daily routine with the benefit of full pay is essential to the mental and physical well-being of the workmen.  SERVICE INCENTIVE LEAVE (SIL) Requirements to be entitled: Service for not less than 12 months, whether continuous or broken, reckoned from the date the Employee started working, including authorized absence and paid regular holidays UNLESS the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year.  SERVICE INCENTIVE LEAVE (SIL) Right to SIL: GR: Every employee who has rendered at least 1 year of service shall be entitled to a yearly SIL of 5 days with pay. Exceptions: 1. Government employees, whether employed by the National Government or and any of its political subdivisions, including those employed in GOCCs with original charters or created under special laws; 2. Domestic helpers and persons in the personal service of another;  SERVICE INCENTIVE LEAVE (SIL) Right to SIL: Exceptions: 3. Managerial Employees; 4. Field personnel and those whose time and performance are unsupervised by the Employer, including those who are engaged on a task or contract basis, purely commissioned basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof; 5. Those who are already enjoying the benefit;  SERVICE INCENTIVE LEAVE (SIL) Right to SIL: Exceptions: 6. Those enjoying vacation leave with pay of at least 5 days; and 7. Those employed in establishments regularly employing less than 10 Employees.  SERVICE INCENTIVE LEAVE (SIL) Commutability of SIL to monetary equivalent; When: It is commutable if not used or exhausted at the end of the year. Basis: The basis shall be the salary rate at the date of commutation. The availment and commutation of the SIL may be on a pro-rata basis.  SERVICE INCENTIVE LEAVE (SIL) Prescription of SIL Period: Three (3) Years. From: From the time when the Employer refuses to pay its monetary equivalent after demand of commutation or upon termination of the Employees service, as the case may be.  MATERNITY LEAVE Coverage: This benefit applies to all female employees, whether married or not married. Under the new law, maternity leave applies to all qualified female workers in the Public Sector, Private Sector, Inform Economy, Voluntary contributors to the SSS, and National athletes.  MATERNITY LEAVE Requirements in order that Maternity Benefits may be claimed: 1. There is a childbirth or miscarriage; 2. She has paid at least three (3) monthly contributions immediately preceding the semester of her childbirth or miscarriage.  MATERNITY LEAVE Benefits under (R.A. No. 11210 or Expanded Maternity Leave Law): 1. Paid leave benefit granted to a qualified female worker in the PUBLIC SECTOR, for the duration of: a. 105 days for live childbirth, regardless of mode of delivery, and an additional 15 days paid leave if the female worker qualifies as a solo parent. b. 60 days paid leave for miscarriage and emergency termination of pregnancy.  MATERNITY LEAVE Benefits under (R.A. No. 11210 or Expanded Maternity Leave Law): 2. Paid leave benefit granted to a qualified female worker in the PRIVATE SECTOR, including those in the informal economy, for the duration of: a. Same as those provided in 1(a) or 1(b) b. Employed female workers shall receive full pay which consists of: i. SSS maternity benefit computed based on their average monthly salary credit; and ii. Salary differential to be paid by the employer, if any.  MATERNITY LEAVE Benefits under (R.A. No. 11210 or Expanded Maternity Leave Law): 3. An “option” to extend for an additional 30 days WITHOUT PAY in case of live childbirth, provided that: a. The employer shall be given due notice; b. The same must be in writing; c. It must be given at least 45 days before the end of the female worker’s maternity leave; d. No prior notice is necessary in the event of a medical emergency, a subsequent notice to the employer shall suffice.  MATERNITY LEAVE Benefits under (R.A. No. 11210 or Expanded Maternity Leave Law): 4. Paid maternity leave, allowances, and benefits to female national athletes; 5. Health care services for prenatal, delivery, postpartum, and pregnancy-related conditions are granted to female workers, particularly those who are neither voluntary nor regular members of the SSS as governed by the existing rules and regulations of the PhilHealth.  MATERNITY LEAVE Frequency of the Grant of Maternity Leave: Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage, or emergency termination of pregnancy, REGARDLESS OF FREQUENCY.  MATERNITY LEAVE Grant of Maternity Leave Benefits after Termination of Employment. Maternity leave with full pay shall also be granted even if the childbirth, miscarriage, or ETP occurs not more than FIFTEEN (15) calendar days after the termination of an Employee’s services, as her right thereto has already accrued. Note: The period is not applicable when the employment has been terminated without just cause.  MATERNITY LEAVE Conditions for Female Workers in the Public Sector: 1. She shall give prior notice to the head of the agency of her pregnancy and her availment of maternity leave at least thirty (30) days in advance, whenever possible, specifying the effective date of the leave. 2. She shall use the prescribed civil service form in the filing of the maternity leave application, supported by a medical certificate.  MATERNITY LEAVE Conditions for Female Workers in the Public Sector: Manner of Payment: The female worker shall be entitled to full pay during maternity leave, which the agency shall pay. She shall have the option to receive full pay either through lump sum payment or regular payment of salary through agency payroll.  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: 1. She must have at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of childbirth, miscarriage, or ETP. 2. She shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide.  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: Manner of Payment: Full payment of the benefit shall be advanced by the Employer within 30 days from the filing of the maternity leave application. The SSS shall immediately reimburse the employer the maternity benefits advanced to the employed female member, only to the extent of 100% of her average daily salary credit (ADSC) for 105 days, 120 days, or 60 days, as the case may be.  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: Average Daily Salary Credit is the result obtained by dividing the sum of the six (6) highest monthly salary credits in the twelve- month period immediately preceding the semester of contingency by one hundred eighty (180).  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: Salary Differential GR: Employers from the private sector shall pay for the difference between the full salary and the actual cash benefits received from the SSS. Exceptions: 1. Those operating distressed establishments; 2. Those retail/services establishments and other enterprises employing not more than 10 workers.  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: Salary Differential Exceptions: 3. Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities, including agro-processing, trading, and services, whose total assets are not more than three million pesos; and 4. Those who are already providing similar or more than the benefits herein provided under an existing CBA or company policy.  MATERNITY LEAVE Conditions for Female Workers in the Private Sector: Liability of the Employer. The employer shall pay to the SSS damages equivalent to the benefits to which she would otherwise have been entitled in any of the following instances: 1. Failure of the employer to remit to the SSS the required contributions for the female worker; or 2. Failure of the employer to transmit to the SSS the female worker’s notification on the fact of pregnancy and probable date of childbirth.  MATERNITY LEAVE Conditions for Female Workers in the Informal Economy. She must have remitted to the SSS at least three (3) monthly contributions in the twelve (12) month period immediately preceding the semester of her childbirth miscarriage, or ETP.  MATERNITY LEAVE Conditions for Female Workers in the Informal Economy. Manner of Payment: The SSS shall directly pay the maternity benefit.  MATERNITY LEAVE Allocation of Maternity Leave Credits. In case of live childbirth, a qualified female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. In case of death, absence, or incapacity of the child’s father, the female worker may allocate to an alternate caregiver.  PATERNITY LEAVE It refers to the benefits granted to a married male Employee allowing hime not to report for work for 7 days but continues to earn compensation on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly born child. Note: For the first 4 deliveries of the legitimate spouse with whom he is cohabiting.  PATERNITY LEAVE Conditions for Entitlement to Paternity Leave: The male is: 1. Legally married to and is cohabiting with the woman who delivers the baby; 2. Employed at the time of delivery of his child; 3. Employees of the private or public sector; 4. He has notified his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.  PATERNITY LEAVE When to avail: Paternity leave may be availed after the delivery without prejudice to an Employer policy of allowing the Employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) days for each covered delivery.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Parental Leave Leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. Parental leave of not more than 7 working days every year shall be granted to any solo parent Employee who has rendered service of at least one (1) year. Note: Not convertible to cash equivalent.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Conditions for entitlement: 1. He or she must fall among those referred to as solo parent; 2. Must have the actual and physical custody of the child or children; 3. Must have at least rendered service of 1 year to his or her Employer, whether continuous or broken; 4. He or she must remain a solo parent; 5. He or she must have SOLO PARENT ID issued by the DSWD; and 6. He or she must notify the Employer of the availment thereof within a reasonable period of time.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Persons considered solo parent entitled to parental leave: 1. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided, that the mother keeps and raises the child; 2. Parent left solo or alone with responsibility of parenthood due to: a. Death of Spouse; b. Detention or service of sentence of spouse for a criminal conviction for at least 1 year; c. Physical and/or mental incapacity of spouse as certified by a public medical practitioner; d.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Persons considered solo parent entitled to parental leave: 2. Parents left solo or alone with the responsibility of parenthood due to: a. Death of Spouse; b. Detention or service of sentence of spouse for a criminal conviction for at least 1 year; c. Physical and/or mental incapacity of spouse as certified by a public medical practitioner; d. Legal separation or de facto separation for at least one year; e. Nullity or annulment of marriage; f. Abandonment of spouse for at least 1 year.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Termination of the Benefit. A change in the status or circumstances of the parent claiming benefits shall terminate his/her eligibility for these benefits.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Protection against work discrimination. No Employer shall discriminate against any solo parent Employee with respect to terms and conditions of employment on account of his/her being solo parent.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Flexible work schedule The Employer shall provide for a flexible work schedule for solo parents, provided that the same shall not affect individual and company productivity, provided further, that any Employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.  PARENTAL LEAVE/SOLO PARENTS WELFARE ACT Crediting of Existing Leave If there is an existing or similar benefit under a company policy, a CBA, or a collective negotiation agreement, the same shall be credited as such. If the same is greater than seven (7) days, the greater benefit shall prevail.