23 November 2023
23 November 2023
The Labor Code of the Philippines and other various special laws provide for different kinds of statutory leaves to ensure that the needs of the working class are catered taking into consideration certain contingencies such as sickness, pregnancy, and family life. These leaves include:
Certain types of leaves are granted by various laws such as the Labor Code, the Expanded Maternity Leave Act, the Paternity Leave Act, the Magna Carta for Women, and the Solo Parent Leave Act for the protection of the wellbeing of the employee. These kinds of leaves are explained in the succeeding paragraphs.
Every employee who has rendered at least one year of service is entitled to a yearly SIL of five days with pay.
The SIL is a general purpose leave and may be used by the employee for any purpose such as running their personal errands, government errands, or simply taking a day off for whatever reason, but this may be subject to a company rule set by the employer.
It's worth noting that the SIL is a right of an employee that cannot be waived or forfeited which means the employer cannot deny the employee the grant of SIL within a given year whether in leaves or its cash equivalent. The requirements of this leave are as follows:
A Leave Request from Employee is a letter request by the employee asking the employer for a grant of a leave of absence due to certain personal reasons. The employee should provide this document to the employer so as not to impede the business operations of the employer and for turnover to be given properly before the intended leave.
The one year of service is generally counted from the employee's first day of work and after this period, the employee can validly claim SIL.
Employers pursuant to their sound business judgment may impose certain rules before the employee can claim SIL. These rules can involve the proper use, certain number of days required before the leave is taken, as well as procedures and clearances required to take leave.
The 5 days of SIL should be used within the calendar year, and the law does not mandate that it be carried over to the following year. The employer, however, may provide for a policy where the 5 days of SIL may be carried over to the next year. Nevertheless, if the employee does not take the 5 days of SIL, then it can be converted into cash and should be paid to the employee at the end of the year.
Every employee who has rendered at least one month of service is entitled to a sick leave of not more than five days with full pay in a calendar year.
Any type of sickness can be the reason for the grant of sick leave and may be used by the employee alongside the other types of leaves such as SIL especially when the sickness requires treatment for more than the maximum five days of sick leave.
The requirements of this leave are as follows:
If an employee feels sick leaving him incapable of reporting to or performing work, he should notify his employer as soon as possible. This could include the number of days needed by the employee to recover. This will enable the employer to take appropriate steps to cover for the absence of the employee so as not to impede business operations.
The employee should obtain a medical certificate issued by his doctor. This is the usual requirement of employers to make sure that the claim of sick leave is valid. In this medical certificate, the doctor should state the condition or the illness of the employee, the doctor may also include the number of days needed for the employee to recover.
Employers pursuant to their sound business judgment may impose certain rules before the employee can claim sick leave such as the use of the services of the employer's company physician. And the use of medical care services given by the employer as a benefit and to monitor the sick leaves claimed by employees.
There is no set number of sick leaves that the law mandates, the employer is required to allow the employee to fully recover before letting him go back or report to work. However, sick leave with pay is only guaranteed for up to 5 days, beyond this period, the employee may still claim sick leave but the employer will no longer be required to pay full wages.
The employee has the option to add his SIL to make up for the non-paid sick leaves if there are remaining SILs for him to claim.
Female workers in the private sector are granted one hundred and five days of maternity leave with full pay, regardless of the type of childbirth (i.e. vaginal or cesarean birth). If the female employee suffers a miscarriage, she is entitled to sixty days of leave. In both cases, an additional thirty days (without pay) can be requested to extend the leave, and an additional fifteen days (with pay) is granted if the employee qualifies as a solo parent.
This type of leave is meant to protect the welfare of pregnant employees and it is the responsibility of the employer to grant maternity leave to ensure that the welfare of the pregnant employee should outweigh the business needs of the employer. The employer may be penalized for with a fine and/or imprisonment if he fails to grant maternity leave.
The requirements for maternity leave can be seen below.
A Leave Request from Employee may be used by the pregnant employee to inform the employer of the intended leave. This can include relevant details such as the date of intended leave as well as the expected due date of the employee. The employee must provide the notice as soon as possible to enable the employer to make necessary preparation for the absence of the employee in the period where the leave is claimed.
Similar to a sick leave, a medical certificate provided by the employee's doctor may be attached to the Written Notice. This may include the days needed before the delivery of the employee for preparation and days thereafter for recovery. Other important details to take note in this certificate is the due date of the employee as well as the pre-natal care needed.
If the employee will be a single mother, she needs to obtain a Solo Parent ID from the city or municipality where she is a resident.
The employee has the right to choose at which date the maternity leave can commence taking into account her physician's orders, and apart from the original one hundred and five days or sixty days of leave as the case may be, in cases of live birth, said employee may, at her option, use an additional thirty days of maternity leave without pay provided that the employee must give a written notice to their employer at least forty-five days before the end of the employee's maternity leave. However, in the event of a medical emergency, no prior notice is required but the employee should give a subsequent notice to their employer.
It must be noted that maternity leaves can only be used on the employee's instance of pregnancy and cannot be deferred or accumulated for use at a later date.
A married male employee is entitled to seven days of paternity leave with full pay for the birth of their legitimate child.
A male employee is entitled to paternity leave of seven days with full pay subject to the requirements of being married and living with his spouse, and that the paternity leave is claimed within the first four pregnancies of his wife. The requriements are further discussed under section 2.4.3.
The law provides for the minimum requirements, but the employer can make policies that are more favorable to the male employee such as removing the limit of first four pregnancies of the wife of the male employee, providing easier protocols for the male employee to claim leave. But it must be noted that similar to maternity leave, employer's failure to grant paternity leave may result in the employer being penalized for with a fine and/or imprisonment.
The requirements for paternity leave can be seen below.
A Leave Request from Employee may be used by the male employee to inform the employer of the intended leave. This can include relevant details such as the date of intended leave as well as the expected due date of the employee's wife. The employee must provide the notice as soon as possible after the delivery of the employee's wife to enable the employer to make necessary preparation for the absence of the employee in the period where the leave is claimed.
The employee may submit a copy of the medical certificate issued by his wife's doctor, which may indicate the days needed before the delivery of the employee's wife for preparation and days thereafter for recovery. Other important details to take note in this certificate is the due date of the employee as well as the post-natal care needed. The birth certificate of the child may also be submitted as proof to claim paternity leave.
It must be noted that to be qualified with full pay, the law requires:
The male employee is entitled to seven days of paternity leave and his wages will be fully paid. The employer may provide for a policy where this can be claimed continuously or in separate days. But the law does not allow for this type of leave to be used if the need of taking post-natal care of the employee's wife no longer exists, meaning to say, this can only be claimed immediately after or during the pregnancy of the employee's wife.
Women who are at risk of requiring surgery due to gynecological disorders are given by the Magna Carta of Women a special type of leave to enable them to recover from said illnesses. The Magna Carta of women does provides for a maximum leave benefits of two months with full pay based on gross monthly compensation for women employees who undergo surgery caused by gynecological disorders.
Since these kinds of disorders can be considered as sensitive, the employer must handle the matter with utmost confidentiality. The law also mandates that the employer must not discriminate against a female employee by reason of having a gynecological disorder, this means they cannot be denied the benefits granted to those without the same disorders.
The requirements for gynecological leave can be seen below.
A Leave Request from Employee may be used by the female employee to inform the employer of the intended leave. This can include relevant details such as the date of intended leave as well as the expected date of surgery and the period of needed time to recover. The employee must provide the notice as soon as possible before the scheduled date of surgery to enable the employer to make necessary preparation for the absence of the employee in the period where the leave is claimed.
The female employee who is claiming gynecological leave is required to have rendered continuous aggregate employment service of at least six months for the last twelve months of employment.
Similar to sick leave, maternity leave and paternity leave. This kind of leave requires the employee to submit a medical certificate issued by her doctor showing the diagnonsis of the gynecological disorder as well as the treatment required for recovery. It should also show the need for surgery and the expected length of time for the recovery of the employee.
The recovery time of the female employee may vary depending on the diagnosis of her doctor but the law allows for a maximum of two months to claim leave with full pay. It must be noted that claiming this leave cannot be used at a later time or beyond the time for recovery on the part of the employee as instructed by her doctor.
A solo parent is entitled to seven working days of leave per year.
A solo parent leave can be used by the employee to perform their duties to the children under their supervision and care. It is not required under the law that the solo parent be the actual parent of the child, the employee can be a sibling who is taking care of the child or a relative who acts as the child's guardian.
The requirements of this leave are as follows:
Solo parents are required to notify their employer within a reasonable period of their intention to use Solo Parent Leave depending on the needs of the children under the supervision and care of the solo parent. The notification should include the proposed dates for taking the leave. It is advisable for employees to provide this notice as early as possible to allow the employer sufficient time to make necessary arrangements.
To be eligible for Solo Parent Leave, an employee must qualify as a solo parent as defined by the law as an individual who is left alone with the responsibility of parenthood due to any of the following circumstances:
Solo parents must be registered with the City or Municipal Social Welfare and Development Office (C/MSWDO) where they reside. The registration process typically involves submitting documents to prove the solo parent's eligibility. This evidence may include a death certificate, legal separation documents, or medical certificates, depending on the circumstances.
After registering with the C/MSWDO, the solo parent is issued a Solo Parent Identification Card. This card serves as proof of the individual's status as a solo parent. To claim Solo Parent Leave, the employee must present this identification card to the employer when making the leave request.
The law does not provide whether the Solo Parent Leave of seven days may be cumulated or deferred to a later date. This may depend upon the company policies laid down by the employer. However, it must be noted that the leave should be granted if the solo parent is required to give attention and care to the child concerned within a given year.
A solo parent is entitled to seven working days of leave per year.
A solo parent is one who is acting as a sole gaurdian of a child enumerated under Section 2.6.1. Solo Parent leaves can last for seven days which can be claimed for a period of one year.
The law does not require that the solo parent be the actual parent of the child, the employee can be a sibling who is taking care of the child or a relative who acts as the child's guardian.
The requirements of this leave are as follows:
A Leave Request from Employee may be used by the employee to inform the employer of the intended leave. This can include relevant details such as the date of intended leave as well as the circumstances of the child which requires the attendance of the solo parent.
A Solo parent refers to the following persons:
Solo parents must be registered with the Solo Parent Office (SPO) in every province and city and a Solo Parent Division (SPD) under the Municipal Social Welfare where they reside.
The SPO of the province or city, or the SPD of the municipality shall review and verify the documents submitted by the applicant and shall issue a Solo Parent Identifiation Card and booklet, the documents to be submitted may vary depending on the SPO, however, generally an application form should be submitted and an assessment will be conducted by an SPO officer. The solo parent will also be required to attend a seminar to be informed of his rights as a solo parent. For the complete set of requirements, the implementing rules and regulations of the Solo Parent Leave law may be inspected.
2.6.4 Duration of Leave:
The law does not provide whether the Solo Parent Leave of seven days may be cumulated or deferred to a later date. This may depend upon the company policies laid down by the employer. However, it must be noted that the leave should be granted if the solo parent is required to give attention and care to the child concerned within a given year.
These are leaves that are not mandatorily required by the law for the employer to grant but for purposes of enhancing the working conditions and quality of life of employees, these types of leaves may also be granted by the employer in addition to the leaves granted by law. It must be noted that these leaves are granted by virtue of an employment contract or company policy and as such, the requirements to claim them are subject to the provisions of the employment contract or company policy concerned.
The employee can claim these kinds of leaves through the use of a Leave Request from the Employee. As part of the employer's management prerogative, the employer can allow employees to take different types of leave depending on the needs of the employees.
The employer in upholding the well-being of their employees is given much freedom in granting favorable benefits in favor of employees depending on their needs, some employees who are taking some form of education may be granted a study leave. Employers may also grant vacation leaves to employees to enable them to unwind and relax, and take a break from work. Likewise, in case a family member of the employee is deaceased, the employer may also grant bereavement leave.
All of these kinds of leaves will be subject to the company policies that the employer imposes on the employees and may have certain rules and parameters that must be followed.