Practice question
A qualified victim has five days of ordinary paid leave available and needs three VAWC leave days for related medical and legal concerns. The employer insists she must first exhaust the ordinary leave. Which is correct?
- VAWC leave is available only after every other leave is exhausted
- VAWC leave is additional to other paid leaves; the stated exhaustion condition is not the statutory rule
- VAWC leave is always unpaid when another leave balance exists
- The victim must resign to preserve her ordinary leave
- The employer may convert both leave balances into a fine
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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