Leaves

These are days when employees may still be paid despite their
absence from work. The leaves allowed by law are discussed below,
but the employer may add (not subtract) to these leaves out of the
goodness of her heart or under a negotiated Collective Bargaining
Agreement (CBA).

Leaves under the Labor Code of the Philippines

1. Service Incentive Leave
Our laws do not require employers to grant their employees
vacation leave, bereavement leave, emergency leave and sick leave
benefits. What our laws require is the grant of service incentive leave.
Service Incentive Leave Pay is the benefit of employees to avail of
leave with pay for 5 days provided she has rendered service for at
least one year. (Article 95, Labor Code of the Philippines). However,
the aforestated provision does not apply to the following employees:
(a) those who are already enjoying a similar benefit; (b) those who are
already enjoying vacation leave with pay of at least five days; and (c)
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 (Article 95, Labor
Code).
If an employee is given vacation leave with pay of at least five
days, the provisions of the Labor Code, insofar as service incentive
leave benefit is concerned, will no longer apply (Article 95, Labor Code
of the Philippines). Instead, the terms provided under the company
policy, the stipulations agreed upon in the employment contract, or the
conditions stated under the collective bargaining agreement,
whichever is applicable, shall apply.
In my humble opinion, it is better for employers to give SIL rather
than Vacation Leaves, Emergency Leaves or Sick Leaves credits. This
way, employees does not need to lie about being sick if they ran out of
vacation leave credits.
However it is important to note that policies on how to avail SIL
properly is essential. This is to avoid situations where employees

simultaneously asking for SIL to the prejudice of the business

operation. A designed scheme and/or schedule when to avail SIL or
even the seeking of approval of your supervisor at least one week in
advance are effective ways to avoid this problem.
2. Maternity Leave
A female member of the Social Security System (SSS) who has
paid at least 3 monthly contributions in the twelve-month period
immediately preceding the semester of her childbirth or miscarriage
shall be paid a daily maternity benefit equivalent to 100% of her
average daily salary. The benefit is for 60 days for normal delivery
and 78 days for caesarian delivery for the first four deliveries and
miscarriages
3. Paternity Leave RA 8187
The law provides for paternity leave of 7 days with full pay to all
married male employees in the private and public sectors. It is only
available for the first four (4) deliveries of the legitimate spouse with
whom the employee is cohabiting.
4. Leaves under RA 9710
The Magna Carta of Women introduced a 2 month leave for
women with full pay based on gross monthly compensation, for women
employees who undergo surgery caused by gynecological disorders,
provided that they have rendered continuous aggregate employment
service of at least six (6) months for the last twelve (12) months

Leaves not under the Labor Code of the Philippines

Other leave benefits are optional for employees to provide.
Sometimes, other leaves are demanded by employees during
employment negotiations or regularization process. Some of these
leaves not provided by law are stipulated in employee manuals. The
following list is the usual optional leave benefits given by employers:
1. Vacation Leave

This is normally a ten (10) day vacation leave with pay but should
be filed several days before the said leave. This is not convertible to
cash when not availed.
2. Calamity Leave
Two (2) days leave for employees who were affected by flood, fire
and typhoon (must be supported by a Government proclamation)
3. Sick Leave
An employee is usually given fifteen (15) days sick leave with pay
but should present pertinent documents about the sickness.
4. Bereavement Leave
Some companies provide a week long leave with pay for those
employees who lost an immediate member of the family.
5. Emergency Leave
A five (5) days emergency leave with pay is given to employees
who went on leave without prior approval due to unavoidable
circumstances. This is usually convertible to cash if not consumed.
6. Sabbatical Leave
This is usually given to faculty members of colleges and
universities. A one year leave with pay is given to faculty members
who rendered a certain number of years in a company but they are
usually required to conduct researches.
Taking leave of absences without prior approval is considered by
some companies as an abandonment of work and a voluntary
withdrawal from employment and thus, privileges and benefits are
automatically forfeited. This is usually stated and elaborated in
employee manual.