The Labor Law of the Philippines provides that employers should give the following leave benefits to its employees:

  • Five Days Incentive or Service Incentive Leave (SIL).  Full-time and part-time employees who have rendered at least one year of service must be given SIL, exceptions however applies as provided in Article 95 of the Labor Code.
  • Maternity Leave.  Two months(60 days) leave with pay for normal delivery, and 78 days for caesarian delivery are given to female employees.  All Social Security System members are entitled for this benefit if she has paid at least three monthly contributions during the 12-month period that immediately follow the semester of her delivery or miscarriage.  This leave only covers the first four deliveries or miscarriages.
  • Paternity Leave.  Seven days with full benefits is given to married male employees for the first four deliveries of her legitimate spouse in which he is cohabiting.

Other leave benefits are optional for employees to provide. Employers also have to give worker’s compensation if an employee gets hurt while on the job, if the employer does not you can contact workers comp lawyers to help you.  Sometimes, other leaves are demanded by employees during employment negotiations or regularization process.  Some of these leaves not provided by law are stipulated in employee manuals.  The following list is the usual optional leave benefits given by employers:

  • Vacation Leave.  This is normally a 10 days vacation leave with pay but should be filed several days before the said leave.  This is not convertible to cash when not availed.
  • Sick Leave.  An employee is usually given 15 days sick leave with pay but should present pertinent documents about the sickness.
  • Bereavement Leave.  Some companies provide a week long leave with pay for those employees who lost an immediate member of the family.
  • Emergency Leave.  A 5 days emergency leave with pay is given to employees who went on leave without prior approval due to unavoidable circumstances.  This is usually convertible to cash if not consumed.
  • Sabbatical Leave.  This is usually given to faculty members of colleges and universities.  A one year leave with pay is given to faculty members who rendered a certain number of years in a company but they are usually required to conduct researches.

Taking leave of absences without prior approval is considered by some companies as an abandonment of work and a voluntary withdrawal from employment and thus, privileges and benefits are automatically forfeited.  This is usually stated and elaborated in employee manual.


  1. 1
    april // April 26th, 2010 at 8:13 pm

    would it be possible for a regular employee who’s now tendering a 30 days of resignation that their remaining vacation and Sick Leaves will be forfeited or they still have the right to use their remaining leaves? also in same scenario, the employee is just tendering a 30 days, would it be possible that the employer will terminate the employee? i’ll wait for the answer to my questions. thank for taking time to read my concern..god bless and more powers!

  2. 2
    urot // April 26th, 2010 at 11:45 pm

    i believe that an employee have all the right to use the remaining leaves. an employer can terminate an employee but their should be a legal basis for it like violations of company rules and policies. to be safe please refer to your company’s employee manual or you may consult a lawyer to avoid complications later on.

  3. 3
    Mrs. B // July 21st, 2010 at 12:39 pm

    Maternity Leave. Two months(60 days) leave with pay for normal delivery, and 78 days for caesarian delivery are given to female employees.

    When i gave birth to my two children my company did not paid me for my 60 days of leave for each birth. I asked our company accountant if i am legible to accept that privileged, he told me that SSS don’t allow that anymore because of the “double compensation” that the employee will receive. Only the SSS paid for my 60 days of absence. Did i received the right compensation? Or the company that i am working right now, did not give what i should received from them?

    God bless. I will wait for your answer.

  4. 4
    puroy // September 28th, 2010 at 1:37 pm

    is it legal for a company to implement policy that mandates it’s employees to file a leave of absence if the employee worked half day, and same if the employee just committed an absence of work with advise to his/her superior?

    thanks! hope to receive your answer regarding this.

  5. 5
    Jean Besta // December 3rd, 2010 at 9:23 pm


    Just want to ask if an employee has the right to go on emergency leave due to unavoidable circumstances? even not stated in the employees manual. Thanks.

  6. 6
    vince // February 2nd, 2011 at 6:56 pm


    All companies here in the philippines should have emergency leave? or it depends on the employer? and another question is.. When the company reset the number of SL at the end of the year (10 SL) when I resign at March is my SL pro-rated or can I get the full payment for (10) SL? Thanks!

  7. 7
    marichu // February 27th, 2011 at 12:14 pm

    i would like to ask if there is a certain law stating the maximum SL/VL for a company with more than 10 employees? if so can you e-mail it tome pls.!!!! thanks & best regards ;-)

  8. 8
    mark // May 5th, 2011 at 10:38 am

    i file a paternity leave last april 17 – 22, could it be posible that i should be given a holiday during 20-22?

  9. 9
    beautiful place in the philippines // December 14th, 2011 at 3:03 pm

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