Legal Heads Up

Labor Advisory No. 14

Entitlement of Qualified Employees with Disability to Labor Standard and Other Statutory Benefits

“Pursuant to Section 5 of Republic Act No. 7277, otherwise known as the “Magna Carta for Disabled Persons,” as amended by Republic Act No. 10524, this Advisory is being issued for the guidance of all stakeholders:

Labor Standard and Other Statutory Benefits. All qualified employees with disability shall be entitled to all the rights and benefits granted under the Labor Code of the Philippines, as amended, unless otherwise expressly provided. Employers are not prohibited from granting such other benefits above and beyond the minimum requirements of the law.

In addition, they shall be mandatorily covered under Social Security System, PhilHealth and Pag-IBIG, whenever applicable.

Leave Benefits. In addition to the service incentive leave under the Labor Code, as amended, he/she shall also be entitled to the following leave benefits: Maternity Leave (RA 1161, as amended by RA 8262), Paternity Leave (RA 8187), Solo Parent Leave (RA 8972), the Violence Against Women and Their Children (VAWC) Leave (RA 9262), Special Leave for Women (RA 9710), provided he/she meets all conditions for entitlement.

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