Practice question
A qualified private-sector victim requests up to ten leave days during a pending protection-order application, presents the proper barangay official’s certification, and identifies medical treatment and hearing attendance. The employer rejects the request because no criminal information has yet been filed and no protection order has yet been issued. Which is the best analysis?
- Both completed prosecution and an issued protection order are indispensable to the initial ten-day leave
- The IRR expressly covers the application stage, and the proper certification supports the initial leave on the stated facts
- A barangay certification can support only retirement benefits
- The leave is available only if no medical treatment is needed
- The employee must first obtain a conviction in a separate case
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/22128 — RA 9262, section 43, paid leave and protection against discrimination.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/42362 — RA 9262 IRR, section 42, ten-day paid leave, certification, purposes, and non-conversion.
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