Dear Atty. Chris Liquigan,

I am Alex and I am working for a BPO company in Taguig City. Two weeks ago, I filed my resignation letter effective in two months’ time. Now my problem is that I wanted to file for a three-day leave due to personal reasons but was disapproved because, according to them, I already resigned and must go to work every day for the remaining two months. As far as I can remember, every employee is entitled to leave with pay, or does it change since I will be gone from the company? Do I have a right to avail of a leave despite my resignation that will take place a few weeks from now? Thank you, attorney, and I am hoping for your response.

Eric

Dear Eric,

For as long as you’ve rendered “at least one year” or 12 months of work in the company (Paragraph A of Article 95 of the Labor Code of the Philippines on Service Incentive Leave and as interpreted in the Implementing Rules of Book 2 in the Labor Code) regardless of it being continuous or not reckoned from the day you started, including authorized absences and paid holidays unless the working days in the establishment as a matter of practice or policy, you are entitled for a 5-day paid leave.

In your case, since you are a resigned employee, the service incentive explained by the Department of Labor and Employment (DoLE) in its Handbook on Worker’s Statutory Monetary Benefits 2009 Edition (page 28) is as follows:

“The service incentive leave may be used for sick and vacation leave purposes. The unused service incentive leave is commutable to its money equivalent at the end of the year. In computing, the basis shall be the salary rate at the date of conversion.”

Assuming that you have worked for at least a year or 12 months, you have earned at least five days of service incentive leave. In the event that your employer disapproves of your leave, you are entitled to its monetary value. Considering that you are now resigned, an additional service incentive leave should be added to the service incentive leave you have earned, computed pro rata. If you are denied the said benefit, you may file a complaint before the NLRC or the DoLE, if your claim does not exceed P5,000.

Hope this helps.

Atty. Chris Liquigan