Philippines Holiday & Leave Entitlement Policy: A Complete Overview

12/10/2023 08:04 AM

The Philippines has a well-defined holiday and leave entitlement policy that encompasses different types of leave, such as public holidays, annual leave, sick leave, maternity leave, paternity leave, and special leave. This policy outlines the number of holidays and leave days employees are entitled to, the eligibility criteria for each type of leave, and the employer's policies governing them.

To provide a comprehensive understanding of the Philippines' complex leave entitlement policies, this overview will delve into the various types of leave entitlements and their specific regulations. This can help both employees and employers navigate the policies effectively and ensure compliance with the law.

Public Holiday

In the Philippines, there are two types of paid leave holidays: regular holidays and special non-working days.

Regular holidays are those that are observed nationwide and are provided for by law. They include:

New Year's Day - January 1
Maundy Thursday - movable date (usually falls in March or April)
Good Friday - movable date (usually falls in March or April)
Araw ng Kagitingan (Day of Valor) - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - last Monday of August
Bonifacio Day - November 30
Christmas Day - December 25
Rizal Day - December 30

On the other hand, special non-working days are holidays that are declared by the President or by Congress, or are proclaimed by the local government unit in their respective areas. These holidays are usually observed in specific regions or provinces and are not necessarily observed nationwide.

The pay rules for regular holidays and special non-working days are different. For regular holidays, employees who work on these days are entitled to at least 100% of their daily rate. If they do not work, they are still entitled to their regular pay for that day. For special non-working days, employees who work on these days are entitled to at least 130% of their daily rate, while those who do not work are not entitled to any pay, unless there is a company policy or agreement stating otherwise.

Leave Entitlement Policy in Philippines

Types of Leave

Annual Vacation Leave

Annual Vacation leave benefit granted to employees in addition to the regular holidays. The number of vacation days granted to employees varies depending on their length of service with the company, but the minimum entitlement is 5 days per year.

Sick Leave

This is a leave benefit granted to employees who are unable to work due to illness or injury. The number of sick days granted to employees varies depending on their length of service with the company, but the minimum entitlement is 5 days per year.

Maternity Leave

Female employees are entitled to 105 days of paid maternity leave, which can be availed of either before or after giving birth.

Paternity Leave

Male employees are entitled to 7 days of paid paternity leave, which can be availed of either before or after the delivery of the child.

Special Leave

Special leave may be granted for various reasons, including but not limited to, marriage, bereavement, or family emergencies. Under the Labor Code of the Philippines, employees who have worked for at least one year with their employer are entitled to a minimum of 5 days of service incentive leave per year.

During special leave, employees are entitled to their regular pay. This means that their salary should not be reduced even if they are unable to work due to special reasons.

Service Incentive Leave

Employees who have worked for at least one year with their employer are entitled to a minimum of 5 days of Service Incentive Leave per year. This entitlement increases by one day for every year of service up to a maximum of 15 days per year.

Service incentive leave can be used for any reason, including rest and recreation, personal reasons, or other activities that require time off work. However, SIL cannot be used as a substitute for sick leave or other types of leave.

Parental Leave

This is a leave benefit granted to employees who have children who are of school age. Employees are entitled to 7 days of parental leave per year.

Solo Parent Leave

Single parents who are employees and have worked for at least one year with their employer are entitled to a maximum of 7 working days of SPL per year. SPL can be used for purposes such as attending to the medical, educational, or other needs of the child/children, attending parent-teacher conferences, and attending to other urgent family matters.

Employees are required to provide supporting documents to prove their status as a solo parent, such as a Solo Parent ID issued by the Department of Social Welfare and Development (DSWD).

Victims of Violence Against Women and Children Leave

Female employees who are victims of violence against women and children are entitled to a maximum of 10 days of VAWC Leave per year. Female employees are required to provide supporting documents to prove their status as a victim of violence against women and children, such as a Barangay Protection Order, a Police Report, or a Protection Order issued by a court.

Leave for Women Who Undergo Surgery Caused by Gynecological Disorders

Female employees who have undergone surgery due to gynecological disorders are entitled to a maximum of 60 days of leave with full pay, which can be availed of either continuously or intermittently. During this leave, female employees are entitled to their regular pay. This means that their salary should not be reduced even if they are taking time off from work.

Leave for Persons with Disabilities

Employees who have disabilities are entitled to 5 days of paid leave per year. This leave can be used for purposes such as attending medical check-ups, rehabilitation or therapy sessions, and attending disability-related events or seminars.

Leave for Donating Blood

Under Republic Act No. 7719 or the National Blood Services Act of 1994, employees are entitled to a paid leave of absence of not more than one day each year for the purpose of donating blood. To avail of this leave, employees must provide their employer with proper notice of their intention to donate blood, as well as a certification from the blood bank or hospital where the donation was made.

Study Leave

Study leave is a leave benefit granted to employees who wish to pursue further studies. This leave is not a mandatory benefit required by law, but some employers may offer it as a way to encourage their employees to continue their education and improve their skills. An employee usually needs to submit a formal request to their employer, outlining the details of the course or program they wish to pursue, as well as the expected duration of the leave.

Emergency Leave

Emergency Leave can be used for purposes such as attending to a family member who is seriously ill or has been hospitalized, responding to a natural disaster or other emergency situation. The Labor Code of the Philippines does not specify a specific number of days for emergency leave, but most employers provide a certain number of days of paid emergency leave per year.

Bereavement Leave

According to the law, an employee is entitled to three days of paid leave for the death of an immediate family member, which includes the employee's spouse, children, parents, siblings, grandparents, and grandchildren. In addition, an employee may be granted one day of paid leave for the death of a relative who is not an immediate family member, such as an aunt, uncle, or cousin.

Wedding Leave

Employees who are getting married are entitled to a maximum of 5 days of Wedding Leave with pay. Wedding Leave can be used for purposes such as attending pre-wedding events, preparing for the wedding ceremony, and going on a honeymoon.