(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.
Editor’s notes from DOLE (1)
See R.A. No. 8972, Solo Parents' Welfare Act, for Parental Leave “granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required”; R.A. No. 9262, Anti-Violence Against Women and their Children Act of 2004, for the Battered Woman Leave, thus “victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order”; R.A. No. 9710, Magna Carta of Women, which grants a special leave benefit of two months with full pay after a surgery caused by gynecological disorders; and R.A. No. 8187, Paternity Leave Act of 1996, which grants every married male employee “to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.” See also Article 131 for notes on maternity leave benefit.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.