Kasambahay day off: weekly rest, leave, holiday pay, and the family schedule

TL;DR: You get one day off a week and it has to be 24 hours in a row, not a free afternoon. You get eight hours of rest inside every day. You get five paid leave days once you have worked a full year, and they expire. You do not get holiday pay. Families: write the day, the clock times, and the pay for any Sunday you keep her. The clause and a sample month are below.

Most fights about rest are not fights about the law. They are fights about what was never written down. The employer thinks Sunday means "free when there is nothing to do." The kasambahay thinks Sunday means Sunday. Both of them signed a contract that said nothing useful about it.

What you are owed, on one page

| Entitlement | What the law says | How to ask for it | If they refuse | | ----------------------- | ----------------------------------------------------------------------- | -------------------------------------------------------------------------- | -------------------------------------------------- | | Daily rest | Eight hours of rest in every 24, aggregate (Sec. 20) | Ask for start and finish times in the contract, plus what night duty means | Ask for the hours in writing, then take it to DOLE | | Weekly rest day | At least 24 consecutive hours (Sec. 21) | Agree the day in writing before you start | Barangay first, then DOLE | | Your choice of day | Employer must respect a preference based on religious grounds (Sec. 21) | Say the reason plainly: church, mosque, Saturday worship | Section 21 is not optional on this point | | Rest day given up | An equivalent daily rate of pay (Sec. 21b) | Ask for it on the payslip, not in loose cash | Keep the payslip and count what is missing | | Service incentive leave | Five days with pay after one year (Sec. 29) | Ask in writing, two weeks ahead, propose dates | Ask for the refusal in writing, then DOLE | | Holiday pay | Nothing. RA 10361 does not mention holidays | Negotiate it into the contract as a benefit | There is no legal claim, only the agreement | | Rest when sick | Rest plus first-aid medicines, no loss of benefits (Sec. 6 and IRR) | Tell the employer the same day | Section 6 also bans withdrawing care as punishment |

Everything above sits inside the wider set of duties covered in our Kasambahay Law guide. This page is only about time.

Eight hours of rest a day, and the word that does the damage

Section 20 of RA 10361 is one sentence: the domestic worker is entitled to an aggregate daily rest period of eight hours per day. The implementing rules repeat it word for word.

Read "aggregate" honestly. It means eight hours added up across the day. It does not say the eight hours must be unbroken, and it does not cap your working day at sixteen hours. A live-in yaya who sleeps from 10pm, gets up twice for a baby, and starts again at 5am can be counted as having had her eight hours by an employer who wants to count it that way.

That is the gap. The law protects the total, not the shape, so the contract has to do the rest. Before you accept a live-in job, get these three lines into it:

1. My work starts at __ and ends at __.
2. Night duty means __, and it happens about __ nights a week.
3. If I am woken after __, my morning starts at __ instead.

A family that will not put a start and finish time on paper is telling you something about the job. Believe them.

Your weekly rest day is 24 hours in a row

Section 21 gives you at least 24 consecutive hours of rest in a week. Consecutive is the word that matters. Two half days are not a rest day. A Sunday that begins after lunch and ends at 5am Monday is not a rest day.

The same sentence carries two more rules. The schedule has to be agreed in writing between you and the employer, so a rest day that only exists in conversation is not settled. And the employer must respect your preferred day when the preference is based on religious grounds. The DOLE question and answer booklet on Batas Kasambahay says at question 35 that religious ground is the only reason the employer has to accept.

Say it early and say why. "Linggo po sana, nagsisimba ako" is a legally different request from "Sunday would be nice."

The four deals the law lets you make with a rest day

Section 21 then lists what you and the employer may agree to. The implementing rules carry the identical list at Rule IV, Section 6:

• Offsetting. You were absent on a Tuesday, so a rest day becomes the make-up work day.
• Waiving. You give up a particular rest day in return for an equivalent daily rate of pay.
• Accumulating. You bank rest days instead of taking them weekly, up to five. This is how people go home to the province for a week.
• Other similar arrangements. The catch-all.

Now the part employers skip. Every one of those four begins with agreeing, and agreeing takes two people. An employer who informs you at breakfast that you are working Sunday has not agreed anything with you, and you are allowed to say no.

If you do agree to waive a day, make the waiver look like a waiver:

• [ ] It names one specific date, not "all rest days" for the whole contract.
• [ ] It is written and dated, even if it is only a text message you both keep.
• [ ] The extra day of pay is stated, and it lands on the payslip that period.
• [ ] You signed it before the day, not after.

A blanket clause buried in a contract saying the kasambahay waives her rest days is not a waiver of a particular rest day. Neither is a promise to "make it up next month" that never gets recorded. Our kasambahay payslip template has the line where that extra day belongs, and a payslip is the cheapest proof you will ever have.

Accumulation has a hard ceiling of five days. Anyone offering to save up six months of rest days for one long holiday is offering you something the law does not allow.

How families write the weekly rest day

Section 21 is an agreement, so the household has to put a day on paper before the first Monday. A line that says "rest day to be agreed" is the breakfast argument waiting to happen. Use this shape, then change only the day and the clock times:

Weekly rest day: every Sunday, 6:00am Sunday to 6:00am Monday (24 consecutive hours). The kasambahay prefers Sunday for church, and the employer accepts that preference. If the household needs her on one named Sunday, both sides sign a waiver for that date before the day, and the payslip for that period shows one extra day of basic wage. Rest days may be accumulated, in writing, up to five, for a trip home. A clause that waives every rest day for the whole contract is not an agreement under Section 21 of RA 10361.

Three checks before you print it:

1. The window is 24 hours in a row. "Free after lunch, back for the baby's 5am feed" fails Section 21.
2. The day is named. "Whenever the house is quiet" is not a schedule.
3. A waiver names one date. It does not say "all Sundays in December."

Put the same sentence in the kasambahay contract. The copy she keeps is the one that matters when someone later says the chat was only a suggestion.

Fix the clash before it is a habit

| What collided | What to write this week | | --------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Both parents work on her church Sunday | Move the written rest day to Monday, or keep Sunday and book a reliever. If she works it, pay one extra basic day on the payslip. | | Yaya and cook both want Sunday | Stagger them. Yaya Sunday, cook Monday. Do not cancel one person's day because the kitchen is empty. | | Baptism, fiesta, or out-of-town guests | Waiver for that date only, signed before the day, with the extra day's wage stated. Next Sunday goes back to the contract day. | | She was absent on Tuesday | Offsetting is allowed if you both agree. Write "Tuesday 13 October 2026 absence offset by working Sunday 18 October" and do not also skip her pay for Tuesday. | | She wants several Sundays saved for a province trip | Accumulation stops at five days. Put the leave dates and the morning she is back on the calendar. Six banked Sundays is over the cap in Rule IV, Section 6 of the IRR. | | Guest laundry on her day off | That is work. Either she is off, or you pay the extra day. "Just the guests' clothes" is still the rest day gone. |

A sample month you can copy

This is one Muntinlupa household with a live-in yaya, rest day Sunday 6:00am to Monday 6:00am, and one paid waiver. It is an illustration, not a second statute. Change the dates to your house.

| Week of | Rest day on the calendar | Paper | | --------------- | ------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------- | | 5 October 2026 | Sunday 11 October, 6:00am to Monday 6:00am | Contract clause. No waiver. | | 12 October 2026 | Sunday 18 October worked for a family event | Waiver dated 16 October. Payslip shows one extra basic day. | | 19 October 2026 | Sunday 25 October off, 24 hours | Back to the contract day. Do not "make up" the previous Sunday by shortening this one. | | 26 October 2026 | Sunday 1 November 2026 off, 24 hours | 1 November is a Sunday and a regular holiday. The rest day still happens because it is Sunday. Holiday premium is not added unless your contract says so. |

Hang the month on the fridge. When a Sunday changes, cross it out in ink and keep the waiver with the payslips. Section 26 still wants those copies for three years. The payslip template is where the extra day belongs.

Families hiring this month can drop the clause into the contract before day one, then create a family account and keep the calendar next to the wage.

Five paid leave days, and the trap at the end of the year

Section 29 gives a kasambahay who has finished at least one year of service five days of service incentive leave with pay. Unused leave does not carry over, and it cannot be converted to cash. Question 32 of the DOLE booklet says the same thing: unused service incentive leave is forfeited and is not convertible to cash.

The law does not say what the leave is for. Sick, tired, a wedding in Samar, a PhilHealth appointment. It is yours.

How to actually get it approved:

1. Count your anniversary date and say it out loud to the employer a month before it arrives.
2. Ask in writing at least two weeks ahead. A text message counts as writing.
3. Offer two possible dates instead of one, and say what you will finish before you go.
4. If the answer is no, ask for the reason in writing. Employers who are refusing something they legally owe rarely want to write it down.

Holidays: the answer nobody wants to give you

Search the whole text of RA 10361 for the word holiday. It is not there. Not once.

That is not an oversight you can argue around. Regular holiday pay comes from Article 94 of the Labor Code, which sits inside Book Three, Title One. Article 82 says that Title does not apply to "domestic helpers, persons in the personal service of another." The article that creates holiday pay does not reach you.

So 25 December and 12 June are not automatically paid non-working days for a kasambahay the way they are for an office worker. If someone tells you the law guarantees you double pay on Christmas, they are quoting a rule that covers a different set of workers.

Plenty of decent families give the day anyway. That is a benefit by agreement, so put it in the agreement. Ask for a line like this:

The kasambahay is not required to work on the regular holidays in the annual national proclamation. If she is asked to work one, she receives one additional day of wage for it.

If the family has given you the holiday off for years, write it in at the next renewal. If it has never happened, ask before you start, not in December.

Getting sick: first aid, rest, then SSS

There is no separate paid sick leave beyond the five service incentive leave days.

Section 6 requires appropriate rest and assistance for illnesses and injuries during service, without loss of benefits. The implementing rules describe that assistance as first-aid medicines. The same section bans withdrawing food, sleeping arrangements, or medical attendance as punishment.

Cash beyond that comes from SSS. The SSS sickness benefit is a daily allowance of 90 percent of your average daily salary credit if you paid at least three monthly contributions in the 12-month period before the semester of sickness, and you are confined for at least four days. The cap is 120 days in one calendar year. Tell your employer within five calendar days of home confinement. Check that the contributions were actually posted, using the SSS contribution guide for kasambahay.

Maternity: 105 days, and pregnancy is not a reason to fire you

RA 11210 grants 105 days of maternity leave with full pay for live childbirth, with an option to extend 30 days without pay. A solo mother gets 15 more paid days. Miscarriage or an emergency termination of pregnancy carries 60 days with full pay. Up to seven days may go to the child's father, married or not.

SSS pays it. The SSS maternity benefit needs at least three monthly contributions in the 12 months before the semester of childbirth. Tell your employer the probable date so they can file.

Rule VII Section 4 of the IRR says pregnancy and marriage are not valid grounds to end the job. Section 34 does not list pregnancy. Dismissal for pregnancy is unjust dismissal: earned pay plus indemnity equal to 15 days of work under Section 32. The separation pay guide covers that payment.

If you are 15 to 17, the rules are tighter

A working child, in the law's own words, is a kasambahay who is 15 or older but under 18. Employing anyone below 15 in a household is unlawful under Section 16, full stop.

For 15 to 17, the implementing rules set three hard limits, drawn from RA 9231:

| Limit | The rule | | ------------ | ------------------------------ | | Daily hours | No more than eight hours a day | | Weekly hours | No more than 40 hours a week | | Night work | No work between 10pm and 6am |

Hazardous work is out. Working children still get the minimum wage and the other benefits in the law. The six-month salary advance does not apply to them, so a minor cannot be tied to the house by that debt.

If you are 16 and kept past 10pm with a baby, or told school has to wait, that is outside the law. Tell the barangay, a teacher, or a relative you trust.

Time to study

Section 9 gives you a chance to finish basic education, including the alternative learning system. The implementing rules say the employer shall adjust the work schedule so you can attend, without dropping the work the house still needs. Money for tuition is optional. The schedule change is not written as optional.

Bring the real class or ALS hours. Name which chores move and who covers the afternoon. For a TESDA certificate, the Housekeeping NC II guide covers the assessment, which shortens the conversation.

Words you can send today

For the rest day, send one message and keep the reply:

Magandang umaga po. Pwede po ba nating isulat sa kontrata ang araw ng pahinga ko? Linggo po sana, 6:00am hanggang 6:00am ng Lunes, kasi nagsisimba ako. Kung kailangan ninyo ako sa isang Linggo, extra po na isang araw na sahod sa payslip, para sa petsang iyon lang.

Good morning po. Can we write my rest day into the contract? I would like Sunday, 6:00am to 6:00am Monday, because I go to church. If you need me on one Sunday, that is one extra day of pay on the payslip, for that date only.

That is the arrangement Section 21 already assumes. Leave requests can use the same pattern: name the two dates, say which chores you will finish, and ask for a yes or no in the same thread.

If they say no

1. Get the refusal in writing, or keep the message where the refusal happened. Screenshots are evidence.
2. Go to the barangay where your employer lives. You should already be listed in its Registry of Domestic Workers under Section 17, and it is the nearest neutral office to a household.
3. Go to the nearest DOLE field, provincial, or regional office. Question 43 of the DOLE booklet points unpaid wage and other labor complaints there by name.
4. File a Request for Assistance under the Single Entry Approach. It is free, it runs on a 30-day mandatory conciliation and mediation period, and NCMB lists "Kasambahay/Family Driver" as one of its six categories of requesting parties. You do not need a lawyer to start one.
5. Section 37 of RA 10361 sends all labor-related disputes to the DOLE Regional Office with jurisdiction over the workplace, which is where a stuck case ends up anyway.

Firing you for complaining is not a Section 34 ground, so it is unjust dismissal, with the 15-day indemnity. The employer pays the cost of hiring. A kasambahay may not be charged a recruitment or finder's fee. Keep photocopies, keep the originals yourself, and keep the messages where the rest day was agreed.

Frequently Asked Questions

How many days off does a kasambahay get?

One a week, and it has to be at least 24 consecutive hours. That is Section 21 of RA 10361. An afternoon free, or a Sunday that starts at noon and ends at 6am Monday when the baby wakes, is not a rest day under the law.

Can my employer make me work on my rest day?

Not by announcement. Section 21 lets you and your employer agree to waive a particular rest day in return for an equivalent daily rate of pay, but agreeing means you can also say no. If you do work it, that extra day of pay should appear on your payslip.

Is a kasambahay entitled to holiday pay in the Philippines?

No, not by law. RA 10361 never mentions holidays, and Article 82 of the Labor Code takes domestic workers out of the Title that contains the holiday pay rule. Christmas off with pay is something you negotiate into your contract, not something you can demand.

How many paid leave days does a kasambahay get in a year?

Five, after one full year of service, under Section 29 of RA 10361. They do not carry over to next year and they cannot be converted to cash. If you do not use them by your work anniversary, they are gone.

Can a kasambahay be fired for being pregnant?

No. The implementing rules of RA 10361 say pregnancy and marriage are not valid grounds for termination. A kasambahay dismissed for pregnancy has been unjustly dismissed, which means earned wages plus indemnity of 15 days work under Section 32.

Settle the rest day before you take the job

Ask which day is the rest day, ask whether it goes into the contract, and watch how fast the answer comes. A family that answers in one sentence has thought about it. A family that says "we will see how it goes" has already decided.

Your helpers.ph profile has a day-off preference and a live-in or live-out setting, so you can state Sunday before the first message. Browse the jobs board, read get hired, and create your helper profile with the rest day already written on it.

Families using this page as the schedule: copy the Sunday clause into the contract template before day one, then open a family account so the waiver and the payslip sit in the same place.