This is the overview of the different types of leave benefits in the Philippines. Surprisingly (or not), not all of these leave benefits can be found in the Labor Code of the Philippines.
Contrary to popular belief, there is actually no vacation leave provision in the Labor Code of the Philippines. However, employers who grant at least 5 days of vacation leave per year is deemed to be in compliance with the service incentive leave provision. Find out more about vacation leave and its computation here.
Service Incentive Leave
An employee who has rendered at least 1 year of service shall be entitled to 5 days of paid service incentive leave (SIL) per year. Find out more about the service incentive leave and its computation here.
AWOL – Absent Without Official Leave
AWOL is the abbreviation for absent without official leave. It refers to the absence of an employee without seeking prior approval before the day of absent. AWOL may be a valid ground for termination when it constitutes gross or habitual neglect of duty. Find out what employer can do and should do when an employee is AWOL here.
Sick leave benefit is also not covered in the Labor Code of the Philippines. Consequently, it is part of the employer’s prerogative to grant such leave benefit and decide on the corresponding pay rules on the day of absence. However, an employee may claim SSS sickness benefit for work absences due to sickness or injury if the employee meets the criteria. Find out more about the sick leave policy in the Philippines and the SSS sickness benefit here.
Bereavement leave, also known as compassionate leave or funeral leave, is not covered in the Labor Code of Philippines. It is a management prerogative and usually granted to an employee upon the death of the employee’s immediate family member. Find out more about the bereavement leave here.
Calamity Leave or Special Emergency Leave
For government employees, 5 days special emergency leave shall be granted to those directly affected by natural calamity or disaster. For employees in private sector, it is part of the employer’s discretion to grant emergency leave. Emergency leave is not covered in the Labor Code of the Philippines. Find out the rules on suspension of work due to calamities here.
Although Article 131 (previously article 133) of the Labor Code of the Philippines provides for maternity leave benefits, it has since been integrated with the Social Security Law which provides maternity leave benefit of 60 days for normal delivery and 78 days for cesarean delivery. Find out the maximum maternity benefit and how to compute it here.
Special Leave Benefits for Women
The special leave benefits for women are mandated under Republic Act No. 9710, also known as ‘The Magna Carta of Women’ stipulating that a female employee may be entitled to 2 months of special leave with full pay following surgery caused by gynecological disorders. Find out the gynecological disorders that are covered here.
Paternity leave is mandated under Republic Act No. 8187 also known as the ‘Paternity Leave Act of 1996’ stipulating that a male employee may be entitled to 7 days of paternity leave. Find out if you meet all of the requirements here.
Solo Parent Leave
Parental leave, or more commonly known as solo parent leave, is mandated under Republic Act No. 8972 also known as the “Solo Parents’ Welfare Act of 2000”. A solo parent is entitled to 7 days of parental leave per year. Find out who is entitled to solo parent leave and how to avail the solo parent leave here.