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Philippine Bar review · Question

Practice question: Leave under the Anti-VAWC Act of 2004 (RA 9262)

Multiple Choice Hard Jurisprudence

Practice question

A woman has used the initial VAWC leave. A protection order specifies that additional leave is necessary for further related treatment and proceedings. The employer argues that the ten-day figure is an absolute ceiling and that unused ordinary vacation credits must replace the ordered extension. Which response is most accurate?
  1. The ten-day figure is absolute regardless of the protection order
  2. The law permits the necessary extension specified in the protection order, and the benefit remains additional to other paid leave
  3. Only a company accountant may authorize the statutory extension
  4. The order is irrelevant unless the offender has been convicted
  5. The extension automatically eliminates all other employment rights

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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