DOLE Mandatory Leave Benefits in the Philippines: Complete 2025 Guide

Philippine labor law mandates several types of leave benefits that all covered employers must provide. These are not optional perks — they are statutory entitlements backed by specific laws and enforced by the Department of Labor and Employment (DOLE) and other government agencies. Non-compliance can result in DOLE labor standards violations, administrative penalties, and civil liability to affected employees.

As of 2025, the mandatory leave types under Philippine law are:

• Service Incentive Leave (SIL) — 5 days under the Labor Code
• Maternity Leave — 105 to 120 days under RA 11210
• Paternity Leave — 7 days under RA 8187
• Solo Parent Leave — 7 working days under RA 8972
• VAWC Leave — 10 days under RA 9262
• Women's Special Leave (Magna Carta) — up to 2 months under RA 9710

Note that bereavement leave is not mandated by national law in the Philippines, though many companies provide it voluntarily or through Collective Bargaining Agreements (CBAs). Some local government units (LGUs) have enacted ordinances requiring it, so employers should check applicable LGU rules.

Legal basis: Article 95 of the Labor Code of the Philippines

Entitlement: Every employee who has rendered at least one year of service is entitled to a yearly SIL of five (5) days with pay. The SIL may be used for vacation or sick purposes — the law does not restrict how employees use it.

Key rules:

• Employees who have not yet completed one year of service are not entitled to SIL (it is not pro-rated during the first year under the standard interpretation).
• Unused SIL at the end of the year is commutative to cash — the employer must pay the monetary equivalent of unused SIL if the employee does not use them.
• The SIL cash conversion is computed based on the employee's daily rate at the time of conversion.
• Employers may integrate the SIL into a broader leave policy (e.g., a 15-day vacation leave policy) as long as the minimum 5-day paid leave entitlement is met.

Who is exempt from SIL: Government employees, field personnel (employees who perform work away from the principal place of business and whose actual hours of work cannot be determined with reasonable certainty), domestic helpers, and employees in establishments with fewer than 10 employees.

Legal basis: Republic Act 11210 (Expanded Maternity Leave Law), effective February 2019

Entitlement by delivery type:

• Normal delivery: 105 days paid maternity leave
• Caesarean section or emergency delivery: 120 days paid maternity leave
• Miscarriage or emergency termination of pregnancy: 60 days paid maternity leave
• Solo mothers: An additional 15 days on top of the standard entitlement

Key provisions:

• Maternity leave applies to all female workers in the private sector, regardless of employment status (regular, project-based, contractual, etc.)
• The benefit applies to the first four deliveries (RA 11210 removed the previous three-delivery cap for the paid portion — however employers should verify current SSS circulars as SSS reimburses the first four deliveries)
• SSS reimburses the employer for the maternity benefit paid. The employer must file the SSS Maternity Notification and comply with SSS requirements to claim reimbursement
• The maternity leave pay is based on the employee's average daily salary credit per SSS records
• Female workers may also transfer up to 7 days of their maternity leave to the father of the child
• Female workers with no available SSS credits are still entitled to the leave; the employer bears the cost

Legal basis: Republic Act 8187 (Paternity Leave Act of 1996)

Entitlement: All married male employees in the private sector are entitled to 7 working days of paid paternity leave for each of the first four deliveries of their lawful wife with whom they are cohabiting.

Key rules:

• The employee must be married and cohabiting with the wife at the time of delivery
• The leave must be availed within 60 days from the date of delivery or miscarriage
• The employee must notify the employer of the expected delivery date at least one week in advance, except in emergency situations
• Paternity leave is paid by the employer — there is no SSS reimbursement for this benefit
• Unused paternity leave is not convertible to cash and cannot be carried over
• Coverage is limited to the first four deliveries of the lawful wife

Legal basis: Republic Act 8972 (Solo Parents' Welfare Act of 2000)

Entitlement: Solo parents who have worked with their employer for at least one year are entitled to 7 working days of additional paid leave per year, on top of whatever other leave entitlements they have.

Who qualifies as a solo parent under RA 8972:

• A parent bearing the full responsibility of parenthood due to the absence or death of the other parent
• An unmarried parent
• A parent whose spouse is in prison, is physically or mentally incapacitated, or is in military/overseas service
• Any person who solely provides parental care to a child as a result of rape, other circumstances, or the legal guardian of a minor

Important requirements:

• The employee must present a valid Solo Parent ID issued by the DSWD (Department of Social Welfare and Development) to claim this benefit
• Eligibility requires at least one year of service with the current employer
• The leave is non-cumulative and cannot be carried over

Legal basis: Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004)

Entitlement: Female employees who are victims of violence under RA 9262 are entitled to a paid leave of up to 10 days (non-cumulative and non-convertible to cash), in addition to their other leave entitlements. The leave may be extended when the need arises as specified in a Protection Order.

Purpose and use: This leave is specifically intended to allow the employee to attend to medical and legal concerns, including attending court hearings, seeking medical attention for injuries, attending to children's needs, or accessing support services.

Requirements for availment:

• The employee must present a Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO) issued by the courts or barangay
• In the absence of a protection order, an affidavit attesting to being a victim of VAWC may suffice, subject to employer verification

Legal basis: Republic Act 9710 (Magna Carta of Women, 2009), specifically Section 18

Entitlement: Female employees in the private sector are entitled to a special leave of up to two (2) months with full pay after undergoing surgery caused by gynecological disorders, as may be certified by a competent physician.

Key details:

• Covered conditions include surgery for benign or malignant gynecological conditions (e.g., myomectomy, hysterectomy, mastectomy, ovarian cystectomy)
• The employee must have rendered continuous aggregate employment service of at least six (6) months for the last 12 months
• A medical certificate from an attending physician certifying the necessity of the surgery must be presented
• The benefit is per surgery, not per year — an employee may avail of the leave each time she undergoes qualifying surgery
• This leave is in addition to any other leave benefits already enjoyed by the employee

Tracking multiple leave types — each with different entitlements, eligibility requirements, documentation needs, and legal bases — is one of the most complex HR administrative tasks in the Philippines. Manual tracking in spreadsheets leads to errors, missed entitlements, and potential DOLE findings.

EngageHRIS leave management features provide:

• Separate leave type tracking: Each leave type (SIL, maternity, paternity, solo parent, VAWC, Magna Carta) is tracked independently with correct balances and rules applied automatically.
• Eligibility enforcement: The system flags when an employee does not yet meet the service requirement (e.g., 1 year for SIL and solo parent leave).
• Documentation reminders: HR teams are prompted to request required documentation (Solo Parent ID, protection orders, medical certificates) before approving protected leaves.
• SIL cash conversion: At year-end, the system automatically identifies unused SIL balances and calculates the cash equivalent for each employee.
• Payroll integration: Approved maternity benefits trigger the correct pay calculations and SSS reimbursement tracking automatically.
• Audit trail: All leave applications, approvals, and balance changes are logged for DOLE inspection purposes.

Explore the EngageHRIS solutions page to see how different deployment options fit different business sizes, or book a free demo to walk through the leave management module.