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 for5 daysprovided 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 for60 daysfor normal delivery and78 daysfor caesarian delivery for the first four deliveries and miscarriages

3. Paternity Leave RA 8187

The law provides for paternity leave of7 dayswith full pay to all married male employees in the private and public sectors. It is only availablefor the first four (4) deliveries ofthe 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 bygynecological 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 documentsaboutthe 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 absenceswithout 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.