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Author Topic: Solo Parents' Welfare Act 8972  (Read 71061 times)

DeeCee

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Re: RA 8972 "Solo Parents' Welfare Act of 2000"
« Reply #15 on: August 11, 2010, 11:57:54 pm »

imma get that ID very very soon. thanks sa info.very helpful  ;)
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simple_momkulit

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solo parent act 8972 --> needs help about leave my id na ko
« Reply #16 on: February 23, 2011, 09:07:45 pm »

previlege.. meron na ko solo parent id.. nun pumunta ako ng hr sab included na daw to sa 15vl namin ina year pero nun tngna ko handbook is not stated na included ang parental leave sa vl namin.. help mga mommy do you ahve idea on this.. so di pumayag ang hr namin nag fafall ang solo leave namin daw sa vl.. diba hinid pwede yun???

ano cnb nyo sa hr nun d sila pumayag at ano yun mga gnawa nyo thanks

im plnning to ko to dole an din kaso matatgalan pa.. hirap magleave..

ano pagkaintndi nyo dito

Section 21. Crediting of Existing Leave If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail.
Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited






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Katie

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #17 on: February 24, 2011, 11:31:37 am »

sis, ang alam ko, dapat on Top ng existing leave allocations ang Solo Parents leave na 7 days. Like sa amin, we have 20 Paid leaves sa isang taon, then with the solo parents' leave, nagiging 27 na siya. You may check this with Employees Compensation Commission, verify mo sa kanila.
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simple_momkulit

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #18 on: February 24, 2011, 12:10:03 pm »

thanks sis.. san banda to???
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magilas

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #19 on: February 24, 2011, 12:53:25 pm »

under R.A. 8972, to quote:

"Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year."

sis Katie is right, the solo parental leave of not more than 7 days is over and above your 15 days VL. your HR may have construed it that since the law (labor code) only provides for 5 days (see phrase, under existing laws), whereas your company provides 15 VL/year, then the 7 days should fall inside the 15 VL.

our company provides solo parental leave on top of our 15 VL/15 SL a year, for solo parents.

discuss with your HR again. the spirit of the solo parent law is to provide additional time for solo parents to take care of their kids, leaves are usually for getting the kids to the doctors, vaccination, time alone with them, etc. that is why the law provides additional leaves.

if still same result, make a written request for your 7 parental leave per year and ask your HR to deny your request on paper.  ingat lang din baka mapag initan, but you are within your rights so fight for them.
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magilas

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #20 on: February 24, 2011, 01:06:06 pm »

for the benefit of those similarly situated, the Implementing Rules and Regulations of the Solo Parents Act, on parental leave, to quote:

"Section 18. Parental Leave In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall be granted to
any solo parent employee who has rendered service of at least one (1) year. The
seven-day parental leave shall be non-cumulative.

Section 19. Conditions for Entitlement of Parental Leave A solo parent shall
be entitled to parental leave provided that:
(a) He/She has rendered at least one (1) year of service whether continuous or
broken at the time of the affectivity of the Act;
(b) He/She has notified his/her employer of the availment thereof within a
reasonable time period; and
(c) He/She has presented a Solo Parent Identification Card to his/her employer.

Section 20. Non-conversion of Parental Leave In the event that the parental
leave is not availed of, said leave shall not be convertible to cash unless specifically
agreed upon previously. However, if said leave were denied an employee as a result of
non-compliance with the provisions of these Rules by an employer, the aforementioned
leave may be used a basis for the computation of damages.

Section 21. Crediting of Existing Leave If there is an existing or similar benefit
under a company policy, or a collective bargaining agreement or collective negotiation
agreement the same shall be credited as such. If the same is greater than the seven (7)
days provided for in the Act, the greater benefit shall prevail.

Emergency or contingency leave provided under a company policy or a
collective bargaining agreement shall not be credited as compliance with the parental
leave provided for under the Act and these Rules."

even the rules, as quoted, may be used by your HR as basis to deny your additional 7 days, under the phrase "existing or similar benefit", which is the 15 VL. reason out that everyone else gets the 15 VL, the law precisely gives solo parents additional leaves because of their different situation. hence, the existing 15 VL should not be construed as an "existing or similar benefit" so as not to give you the solo parental leave.

if there is a controversy (that is, your HR insists that there is no additional 7 days leave), then this can be filed with DOLE. it's not under NLRC, it's another agency of DOLE, but name escapes me at this time.

good luck.
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Katie

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #21 on: February 24, 2011, 01:16:30 pm »

@sis magilas- pwede ba nyang sabihin sa HR na, "can I check with DOLE or NLRC as well, regarding this?" kase nung nagka dispute ako sa witholding tax ko, yan ang sinabi ko sa HR namin, kaya gumalaw ang refund ko, sabi ko, "I am yet to check/verify this with the BIR"..
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simple_momkulit

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #22 on: February 24, 2011, 02:12:57 pm »

mag sis thanks talaga...

@ magilas-ganyan yun cnb sakin na rason.. exact reason
@ Katie - ano yun sa bir mo? baba ba ang tax ko nito pag single mom ako, kasi nalagay lang is s1 single with dependen

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magilas

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #23 on: February 24, 2011, 02:24:16 pm »

sis Katie, yes that's a good strategy - it worked for you - tell HR that you will be asking the opinion of DOLE in this matter. it's not really a threat, it's just that you want to be enlightened on this matter.

R.A. 8972 is still a relatively new law so there are still questions on how this should be implemented. companies usually interpret laws in their favor so if a law can be interpreted in their favor, they will do it. that's why there are disputes, 2 views/interpretations on a single provision of law.
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sweet&spice

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #24 on: February 24, 2011, 03:32:43 pm »

actually, when i read the provisions of the law, you could argue it both ways, depending on who's side ka:

if for employer -- "somehow" lusot ka dun sa section 21 and 18.

Section 21. Crediting of Existing Leave If there is an existing or similar benefit
under a company policy, or a collective bargaining agreement or collective negotiation
agreement the same shall be credited as such. If the same is greater than the seven (7)
days provided for in the Act, the greater benefit shall prevail.

Section 18. Parental Leave In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall be granted to
any solo parent employee who has rendered service of at least one (1) year. The
seven-day parental leave shall be non-cumulative.

if for employee --- you argue, based on the spirit/reason for  the law... that this is on account of helping the solo parents to accompany their children to health/school affairs. you could go further, for your personal enrichment, and get a copy of the senate deliberations on the bill, kasi andun yung reasons given why the leave was prayed for and given.

tama si sis magilas, your HR could really argue on this with you, kasi pareho naman kayong may point. so best option, yung advice ni sis katie. it's the best balance to keep employment and assert rights.

goodluck! update this thread of the result.
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Katie

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #25 on: February 24, 2011, 04:01:29 pm »

simple_momkulit : off topic but yes, I had a dispute re witholding tax kase nagkamali sila ng input sa system nila ng Tax status ko, h2 kase ako, eh nalagay nila h1 lang ( h2 meaning head of the family with 2 dependents ) since 2006, ganun pala ang status ko sa system nila, so sinabi ko sa HR na iverify ko yung computation with the BIR, then pag check ng BIR rep., sabi, mali daw yung computation, so it affected my tax refund- kase dapat exempt ng 25k per dependent. na-refund naman sa akin sis, yung difference, ngayun, may bago na naman akong issue sa payroll, again, regarding tax computation na naman. check mo din sis, kung updated ang tax status mo, kase after what happened to me, i encourage everyone to do it, since, mygod! gawin nila ang trabaho nila, kase nagtatrabaho tayo ng maayos.
@sis magilas and sis funnyarte-  thanks, sisses! hindi masamang magtanung, kahit sa kids ko, I tell them that palagi.
« Last Edit: February 25, 2011, 05:03:31 am by Katie »
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simple_momkulit

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #26 on: February 28, 2011, 09:34:59 pm »

sis thanks sa mga replies nyo it really helps in on this nagpunta na ko dole(long story) to ake it short lahat tyo single mom dapat my additional leave.. wait ko din email din nila pakita sa hr..and also mag email an din ako sa hr nmain what we discussed with dole and also attched konyun mga link na na research ko about dito hayzz thank you somuch mga mommiess
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ahyzeyuh

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #27 on: March 01, 2011, 03:20:16 am »

single mom here also..

sa office namin its on top of VL(15days) and SL(10days) every year.. hindi nga lang siya convertible to cash. medyo my issue din ako sa upper management namin, they questioned it, but syempre dahil lahat ng email ng HR is with me, kaya di sila pwedi umangal..

« Last Edit: March 01, 2011, 03:23:35 am by ahyzeyuh »
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magilas

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #28 on: March 01, 2011, 01:14:20 pm »

sis simple_momkulit, it's good you did some pro-active work done. i hope it goes well with your hr and give you your additional leaves, with all the research you did, dole discussion, etc. good work!

sis katie, yes, better to ask than just shut up if you don't know the answer or still need clarification.

sis ahyzeyuh, am glad your office gives you the additional leaves and hopefully all issues resolved.

to all other moms for your questions please refer to sis funnyarte. he he he  ;D  peace
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sweet&spice

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Re: solo parent act 8972 --> needs help about leave my id na ko
« Reply #29 on: March 01, 2011, 01:26:02 pm »

@magilas --- so ito pala yung "pasaload" comment mo ha? hmmmph! guys, sis magilas is more senior, better equipped, more talented, more intelligent, and more motherly, and better in all respects. i am in awe of her presence. refer difficult questions to her. mine yung semi-difficult lang. *double harhar*
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