In the Philippines, there is no law which mandates the grant of SL and VL. But once these leaves are given, these may not subsequently be unilaterally taken away by employers.

Leaves from work are essential benefits given to employees to allow them sufficient time for leisure or relaxation, recovery from sickness and attending to certain personal obligations and activities. However, since there may be hardworking Pinoys who may not be familiar with the different types of work leaves, a rundown of these work leaves thus becomes useful.

Vacation leaves (VL) and sick leaves (SL)

VL and SL are the most commonly used work leaves by employees. The numbers of SL and VL to which employees may be entitled are subject to the employers’ discretion, and are usually stated in the employment contract, staff handbook and/or company policies.

In the Philippines, there is no law which mandates the grant of SL and VL. But once these leaves are given, these may not subsequently be unilaterally taken away by employers as they may already constitute employees’ benefits which cannot be diminished under the law.

A yearly SIL of five days with pay is granted by law to every employee who has rendered at least one year of service. All employees are entitled to SIL, except: those employed in the government and any of its political subdivisions, including government-owned and controlled corporations; managerial employees; field personnel; those enjoying VL with pay of at least five days; and those employed in establishments regularly employing less than 10 employees.

An employee may either use his SIL credits or commute them to monetary equivalent if not exhausted at the end of the year. If an employee entitled to SIL does not use or commute the same, he is entitled to the commutation of his accrued SIL upon his resignation or separation from work (Auto Bus Transport System Inc. vs Bautista, 497 Phil. 863 [2005]).

Under Republic Act 10361, a domestic worker who has rendered at least one year of service is entitled to an annual SIL of five days with pay, and unused SIL shall not be cumulative or carried over to the succeeding years and shall not be convertible to cash.

Under Section 3 of RA 11210, all covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, are entitled to 105 days maternity leave with full pay and an option to extend for an additional 30 days without pay. The law does not distinguish whether the female worker gave birth via caesarian section or natural delivery.

Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding 105 days, as the case may be.

Note that maternity leave is granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency.

If the worker qualifies as a solo parent under RA 8972, she is entitled to an additional 15 days maternity leave with full pay.

RA 8187 grants paternity leave of seven days with full pay to every married male employee in the private and public sectors for the first four deliveries of the legitimate spouse.

Paternity leave was later modified through the passage of RA 11210, which under Section 6 thereof, gives any female worker (entitled to maternity leave benefits under said law) an option to allocate up to seven days of her 105-day maternity leaves to the child’s father, whether or not the same is married to the female worker. This means that married male employees may now enjoy a total of 14 days of paternity leave should their female worker-spouses exercise their option under the law.

Parental leaves for solo parents (RA 8972)

Parental leave of not more than seven working days every year shall be granted to any solo parent employee who has rendered service of at least one year, in addition to leave privileges under existing laws. The purpose of the law is to enable the solo parent to perform parental duties and responsibilities where physical presence is required.

Special leave benefits for women (Section 18, RA 9710)

A woman employee having rendered continuous aggregate employment service of at least six months for the last 12 months shall be entitled to a special leave benefit of two months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.

Special leave for victims of Violation of the Anti-Violence Against Women and Their Children Law (Section 43, RA 9262)

Female employees who are victims under RA 9262 are entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. Said leave is extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.

Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

Other work leaves may include birthday leave, study leave, bereavement leave, emergency leave, calamity leave and rehabilitation leave, which for being non-statutory leaves, are subject to employers’ discretion.

The availment of the foregoing work leaves are subject to specific requirements under the law and/or the employer’s existing policies.