Legislated Leave for Philippines

Introduction

This article is written from the experience managing part of Asia for a start-up in the expansion mode. Obtaining local information was always challenging because start-up means building nearly from near. At this time, there will be a financial strain on the company for the company to engage local legal advice or even local professional services. It is always a challenge to work under such condition.

Disclaimer

Although I will attempt to provide details on the legislative provisions regarding leave on a country basis. Legislations change from time to time. I may make mistakes in the interpretations. My sources of references may be incomplete, not comprehensive or not updated.

Extraction Date and Revision Date

I first extracted the information in this article on mid-July 2014.

Importance of Leave as Employee Benefit

Usually employees ranked leave as the most important benefit. In most cases, jobs are contractual agreement where the employee agreed to exchange his or her time for money from the employer. Leave allows agreed people time away from work for activities related to society or life cycle.

Legislated leave form the baseline for employee leave benefits. Companies would want to control this as paid time away is a business cost and work do not get done when staff are away. For the compensation and benefits specialist, leave is a staff retention tool.

Legislated Leave for Philippines

Interestingly, I have found the information from the website to be complete http://pinoyworkers.weebly.com/leaves.html

Annual leave or vacation leave or incentive leave

Eligibility: Upon attaining 1 years of service

Entitlement: 5 days

Remarks: In practice employees are given 15 days vacation leave and 15 days sick leave.

Maternity leave

Eligibility:

Female staff

Member of the Social Security System (SSS) and has made at least 3 months during the 12 months period immediately before the semester of the childbirth or miscarriage.

First 4 deliveries and miscarriages

Entitlement: 60 calendar days for normal delivery and 78 calendar days for caesarian delivery.

Paternity leave

Entitlement: 7 days

Eligibility: For married male staff living together with his spouse. It applies to the first 4 deliveries.

Single parent leave

Eligibility: Upon attaining 1 year of service

Entitlement: 7 days

Remarks: Must meet the Philippines Government’s definition of single parent

Gynecological disorders leave

Eligibility: Upon worked at least total of 6 months with a 12 month service period.

Entitlement:  2 months following surgery

Remarks: Pay based on gross monthly income.

Domestic violence leave

Eligibility: Female victims

Entitlement: 10 days

REFERENCES

Book III – Conditions of Employment, Republic of The Philippines Department of Labor and Employment

http://www.dole.gov.ph/labor_codes/view/4

Labor Code of the Philippines – President Decree No.442 as amended

(University of Minnesota website)

http://www1.umn.edu/humanrts/research/Philippines/PD%20442%20-%20Labor%20Code%20of%20the%20Philippines.pdf

Guide to Philippine Employment Law: An Overview of Employment Laws for The Private Sector

http://www.bakermckenzie.com/files/Publication/6e2edcc4-648a-458f-8995-e862e90192f0/Presentation/PublicationAttachment/40c18d0d-1c55-4e07-9a14-4ccfbf9152ed/bk_manila_guideemploymentlawv2_2013.pdf

Labor Codes on Sick, Vacation leaves (Trade Union Congress of The Philippines)

http://www.tucp.org.ph/news/index.php/2009/08/labor-code-on-sick-vacation-leaves/

SME Community Philippines

http://toolkit.sme.com.ph/human-resources/?page=human-resources-ht-15

 

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