Basis

The basis of the grant of Service Incentive Leave to qualified employees is found in Article 95 (Book Three, Title I) of the Labor Code.

Section 2, Rule V, Book III of the Omnibus Rules contains the rules and regulations for the implementation this right.

Employees entitled to SIL

Every employee (subject to the exceptions below) who has rendered at least one year of service is entitled to yearly service incentive leave of five days with pay.

“At least one year of service” Meaning

The term “at least one-year service” means service for not less than 12 months, whether continuous or broken.

The 12-month period shall be reckoned from the date the employee started working, including authorized absences and paid regular holidays.

However, where the operation of the establishment as a matter of practice or policy, or that provided in the employment contract, is less than 12 months, such period shall be considered as one year.

Employees not covered

The following employees are excluded from entitlement to SIL under the Labor Code (but they may be entitled to the same or similar benefits if so provided under other laws, or collective bargaining agreement or employment contract):

  1. Those of the government and any of its political subdivisions, including government-owned and controlled corporations;
  2. Domestic helpers and persons in the personal service of another;
  3. Managerial employees as defined in Book Three of the Labor Code;
  4. Field personnel and other employees whose performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof;
  5. Those who are already enjoying the benefit herein provided;
  6. Those enjoying vacation leave with pay of at least five days; and
  7. Those employed in establishments regularly employing less than ten employees. (Omnibus Rules)

Manner of availment

The service incentive leave may be used for sick and vacation leave purposes. And, at the end of the year, the unused SIL may be commuted to cash.

Commutability to cash

Under the Omnibus Rules, the unused service incentive leave is commutable to its money equivalent at the end of the year. [N.B. Not found in the LC.]

Accumulation of Leave Credits

Instead of using up SIL, the employee may accumulate it and opt for its commutation to cash upon his resignation or separation from employment.

Computation of SIL

In computing SIL, the basis shall be the salary rate at the date of commutation. The availment and commutation of this benefit may be on a pro rata basis. (DOLE Handbook)

Illustration

An employee was hired on January 1, 1997, and resigned on March 1, 1998. Assuming he has not used or commuted any of his SIL credits, he is entitled upon his resignation to the commutation of his accumulated SIL as follows:

SIL earned as of Dec. 31, 1997 = 5 days
Proportionate SIL for Jan. and Feb. 1998 = (2/12) x 5 days = 0.833 day
Total as of March 1, 1998 = 5.833 days

Part-time Workers

Are part-time workers entitled to the full five days SIL, or should the entitlement be on pro-rata basis? Part-time workers are entitled to full five days SIL. (BWC Advisory Opinion)

The reason is that the Labor Code speaks of number of months worked in a year, not number of hours worked in a day, as basis for entitlement.

Vacation and Sick leave

The Labor Code treats vacation leave and sick leave under the same category as Service Incentive Leave or leave with pay.

Thus, the grant of vacation or sick leave with pay of at least five days may be credited as compliance with SIL. For example, if a company is giving its employees 15 days vacation leave, five days of which is with pay, the five-days paid vacation leave may be credited as SIL.

Case

  1. Petitioner CIT claimed that teachers are not entitled to SIL because they are engaged by the school on contractual basis. The claim was not sustained. It was held that the phrase “those who are engaged on task or contract basis” as mentioned in the Omnibus Rules should be read in relation to “field personnel”. Teachers, not being field personnel, are entitled to SIL. (CIT vs. Ople, 1987.)
  2. Applying Article 291 of the Labor Code in light of this peculiarity of the service incentive leave, we can conclude that the three (3)-year prescriptive period commences, not at the end of the year when the employee becomes entitled to the commutation of his service incentive leave, but from the time when the employer refuses to pay its monetary equivalent after demand of commutation or upon termination of the employee’s services, as the case may be. (Auto Bus Transport, Inc. vs. Bautista, 2005)
  3. Petitioner’s contention that respondent is not entitled to the grant of service incentive leave just because he was paid on purely commission basis is misplaced. What must be ascertained in order to resolve the issue of propriety of the grant of service incentive leave to respondent is whether or not he is a field personnel. (Auto Bus Transport, Inc. vs. Bautista, 2005)
  4. Exemptions. To claim exemption from payment of service incentive leave pay, it is the employer’s duty to prove that it is covered under the exemption. Thus, where the employer claims that the employee is not entitled to service incentive leave pay inasmuch as establishment employing less than ten (10) employees are exempted from paying service incentive leave pay, it has the duty to prove that there were less than ten employees in the company. (C. Planas Commercial, et al. vs. NLRC, G.R. No. 144619, November 11, 2005.)

Last Edited: Friday, August 26, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
absence without leave, maternity leave, service incentive leave, sick leave, vacation leave
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280 comments

  1. Does the Philippine labor law states that vacation leave/SIL is a right of an employee or just a privileged. Been employed in my company for almost 8 years yet applying for a leave is a painstaking process.. (sort of a crime/big issue) my company not even convert it into cash when not used?

    [Reply]

    Connie Reply:

    I just resigned from a private school because they asked me to resign, otherwise they are going to teminate me for alleged errors or manipulation of grades (adjustments of grades). They did not pay for the 15 days service credits that I still have because according to them 15 days is a reserved service credit and therefore is not commutable to cash. But gosh, I have resigned despite the fact that I was just forced to resign. What will they do to my 15 days Service credits which I have worked for. Is this legal not to pay for that?

    [Reply]

    osh Reply:

    hi, im confused of the sil? our company incentive leave is 5sl/5vl given to employee after 6 mos. regularization,
    if the staff regularized by September2011 then the computation is: 4mos.regular/12*10=3.33 leaves

    leaves not used en cashed by the end of the year.
    by the next year, all regular employees given 10 sl/vl can be used until end of the year.

    is the SIL, already into the said incentive leaves?

    Thanks.

    [Reply]

    rey Reply:

    LOL.. Leave/SIL as stipulated in the labor code is a right, not a privilege. Explore labor code to learn more.

    [Reply]

  2. Ted Ferrolino Comment:
    May 30th, 2010 at 05:19 pm

    The basis of service incentive leave is the Labor Code of the Philippines itself. All qualified employees (every employees except those enumerated under “Employees not covered”, see post above) are entitled to SIL as a matter or right.

    [Reply]

  3. Victor Malabanan Comment:
    June 21st, 2010 at 06:54 am

    Is the SIL cumulative? I have not used my sick and vacation leave for more than 10 years. If for instance I got sick this year and needs time off from work can I use the the cumulative total of my sick leave credits?

    [Reply]

    Odin Reply:

    I’m not a legal expert in this matter. But with all my previous employers, they actually convert it to cash(which is a good way to prevent employees from pretending to be sick just to take advantage of SL). Some would allow you to accumulate 2 years worth of SL before mandatory conversion of some of that into cash(typically before start of the next fiscal year).

    The best answer should come from your own HR dept.

    [Reply]

  4. Victor Malabanan Comment:
    June 21st, 2010 at 07:05 am

    I am quite confused.
    In House Bill No. 2533 introduced by Hon. Rey B. Aquino
    Section 2 (a) provides “VACATION LEAVE OF FIVE DAYS AND SICK LEAVE OF ALSO FIVE DAYS WITH PAY” a total of ten (10) days. This is opposed to Labor Code’s provision of only five (5) days. Why the disparity?

    [Reply]

    Ted Ferrolino Reply:

    House Bill No. 2533 (13th Congress) is still pending approval. It’s not yet a law. But once approved into law, it will amend the provision of the Labor Code on Service Incentive Leave. So instead of 5 days SIL, it will be 5 days vacation leave and 5 days sick leave. There is really no disparity.

    [Reply]

    shy Reply:

    na approve na po ba ito law na ito? 5 days sick leave and 5 days vacation leave?

    [Reply]

    Ted Ferrolino Reply:

    The house bill was referred to the Committee on Labor and Employment on Aug. 31, 2004. As of this writing, there is no committee report yet. See bill history here.

  5. i am not a regular employee yet of a call center here in qc and would like to know if i am entitled to a bereavement leave with pay. i was absent when my mom passed away. is there a law or provision that would cover up for my absence?

    [Reply]

    Ted Ferrolino Reply:

    There is no bereavement leave under the Labor Code. But you can use your SIL to cover for your absence, if you’re already qualified, and if it’s not yet completely used up. (Note: You must have rendered at least 1 year of service to be entitled to SIL.)
    If you’re not yet entitled to SIL, what you can do is file an emergency leave stating your specific ground and the duration of your leave. Have it received by your HR officer. Your HR is likely to approve it.
    If you failed to file your emergency leave, you can explain in a letter the reason for your absence and your failure to file a leave. Have it received by your HR.

    [Reply]

  6. henry lope Comment:
    July 19th, 2010 at 01:42 pm

    Im a bit confused on how to apply the said benefit to our company.,,thus some employers give 15 days accrued SL and 15 days accrued VL is it possible?is it company discretion??………so meaning to say..Giving 5 days SL and 5 Days VL is not yet a law??and thus the company should only give 5 days SL/VL for the employee to used??please some body share me their idea..thanks

    [Reply]

    Ted Ferrolino Reply:

    The law sets only the minimum standards, which in case of leave benefits is 5-day SIL with pay. By minimum standards, it simply means that employers cannot give leave benefits lower than that required by law. However, they are free to adopt better leave policy for their employees if they so desire.

    [Reply]

  7. What will happen if I exhaust all my sick leave credits e.g. five days a year? Does my company reserves the right to warrant a disciplinary action should I incur absence due to sickness even if i present a Medical Certificate in the future?

    [Reply]

  8. Florence Naval Comment:
    July 23rd, 2010 at 12:21 pm

    What would be the treatment for force leave, should the employee use their vacation leave or its the company will provide the payment with out using their leave benefits.

    [Reply]

  9. Hi…my company do not use the term SIL..instead, they implement 5 vacation leave and 5 sick leaves with pay. But only those employees who served for at least a year are qualified. Is it just? Thanks.

    [Reply]

  10. Can unused SL leaves be encashed? is it required by law?

    Thanks!

    [Reply]

  11. ask ko lang po, I have started working (as a probationary) last June2009. Na-regular po ako Dec2009.. Pero after 1 year of regularization pa lang daw po ako magkakaleave (that means sa Dec 2010 pa).. tama po ba toh or my karapatan na kong magkaleave?

    NOTE: Before signing the contract, sinabi naman po sakin na ganun ang mangyayari. Ngayon ko lang narealize na mahirap pala kasi may mga di maiwasang araw na may sakit ako (at yun lang nagiging dahilan ng absent ko).

    [Reply]

    Ted Ferrolino Reply:

    Dapat isama na sa years of service mo yung time na probationary employee ka pa. Ibig sabihin, dapat nag-qualify ka na sa service incentive leave mula pa nung June 2010.

    [Reply]

    JHERRIC YASIS Reply:

    hi,maitanong ko lang po sana kung ang kompanya po namin ay nagbibigay po sa mga trabahante ng mula 1 year to 5 years ay nagbigay po sila ng incentive 12 vacation leave and 6 days sick leave tapos pag 6 years to up 10 years sila po’y nagbigay ng 18 days vl and 6 days sick leave po tapos ung iba 11 years up is 24 days vacation leave and 6 days sick leave.nagayon po ako umaabot na 7 years ay hindi ko po na avail ang 18 days vacation leave 12 days lang ang ma avail namin po kasi po ang reason nila ay mula daw ng 2009 nagbaba po sila ng memorandum na ang ma avail ng lahat ng trabahante na umabot ng 6 years to up ay 12 days lang po tama ba po un ay samantalang ung iba ay naka avail sila ng tamang benipesyo? maraming salamat po.

    [Reply]

  12. mars lagoda Comment:
    August 17th, 2010 at 04:40 pm

    our school gave 15 days vacation leave with pay to the permanent and 7 days to the probationary teachers from june to march. my question is can our school impose the re alignment of vacation leave so that for permanent teachers the 5 days will be given from june to march and 10 days be given on summer and for probationary 3 days from june to march and the 4 days be given on summer. this proposal is made since the school noted the increasing absencees of the teachers.

    thanks and god bless!

    [Reply]

    Ted Ferrolino Reply:

    It may be viewed as a valid exercise of management prerogative.

    [Reply]

  13. Have the same issue with Choco. Does my company reserves the right to warrant a disciplinary action should I incur absence due to sickness? I have med cert and lab tests to support that I have been sick for days, been treated out patient and that my sickness, clinically speaking, involves on and off fever as symptoms. My med cert didn’t state any need for confinement or bed rests though. But due to slight fever, I requested for one more day off to recuperate. My immediate supervisor states that whatever medical record I have will not vouch me her authorization for me to stay at home one more day since the med cert did not imply so. She even deliberately said that SLs are just privilege never a right. Is she actually right about this? She even threatened me through text message saying that per labor code, employer has the right to terminate/suspend employment. Need some advice on this pls, Thanks

    [Reply]

  14. What will happen if all my vacation & sick leave credits from January to December 2010 has been consumed by July and filed my rersignation on August 2010? My company granted me 7 days Vl, 7 days SL valid for Jan-Dec 2010. Does the company have the right to deduct consumed VL/SL from my separation pay?

    [Reply]

  15. Question lang.. gusto ko lang po malaman kung ilan po ba tlga ang mandatory Leave na binibigay sa isang empleyadong nka-1 year n sa pinatatatrabahuhan nia?? ilan lhat ang total ng days? At ung 5 days leave po pra san po un?

    Hope may sumagot po.. thanks…

    [Reply]

  16. Hi just want to ask.. I’m a management student and as a management student, I had studied regarding on the given above. I’m just a little bit confuse, 5 days po ba tlga ang mandatory Leave n binibgay sa isang regular na empleyado? Pero bkit and turo s min eh 15 VL and 15 SL, that two 15 days were all MANDATORY. Please advise or help nman po medyo nlito lang po ako.. thanks you…

    [Reply]

  17. please help asap. new HRD officer is claiming that 7 days single parent leave can NOT be availed because it is already included in the benefits given to all employees ( 5 days leave on year 1, 10 days leave on year 2 and succeeding years). let’s not allow bullies to rob us of our precious time with our family. please HELP!

    [Reply]

    Kalabog76 Reply:

    Please clarify, did you mean sing parent “maternity” leave? Maternity leave is separate from VL and SL, and so is Bereavement leave. The question is, does the law specifies “maternity” for married person only?

    [Reply]

    Ted Ferrolino Reply:

    Edit: Hi Kalabog76, I think shine is referring to parental leave under “Solo Parent Welfare Act of 2000″. BTW, thanks for you contribution to this blog. Your help is much appreciated.
    (All pregnant woman employee is entitled to maternity leave. Marriage is not a requirement.)

    [Reply]

    Ted Ferrolino Reply:

    Under the “Solo Parent Welfare Act of 2000″, “parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year”. This parental leave shall be “In addition to leave privileges under existing laws“.

    [Reply]

    Aaliyah Reply:

    d law says its “on-top” of ur existing leave.. so watever numbers of leave d company granted u, d additional 7 days will be added on top of ur existing leave.. single parent here! :)

    [Reply]

    espalumna Reply:

    Hi I have been a single parent for 17 yrs and my current employer does not want to implement the Solo Parent Act. They do not think it is mandatory. Can they do that?

    Also, what proof do I show that I am a single parent?

    [Reply]

  18. PRETTY_SEXY Comment:
    October 8th, 2010 at 11:09 am

    I am presently employed in a private company, and had been regular last March 2010. Am i entitled to 15 days SL & VL. Since in our Company Policy it was stated there that all regular employees are entitled with 15 days SL & VL.

    However, when i approached our Admin. i was told that i was only entitled, as follows:

    VL- 12.50 days
    SL – 12.50 days

    They said that it was pro-rated based on the date of my regularization. Is this the right computation? Am i not entitled with the 15 days SL & VL?

    Thank you very much!

    [Reply]

    Kalabog7 Reply:

    The computation (if a fraction of a year):

    Leave = months in service / 12 * company provided leave.

    month in service is the start of your service until december (assuming you will be with the company until december)

    For example in you case:

    March to December is 10 months :

    10 / 12 * 15 = 12.5

    Now the question is if as a probationary employee, should you get the service leave (SIL)? which is from jan to feb, 2 months /12 * 5 minimum SIL which is 0.833333 day
    Can someone confirm this please. Thanks.

    [Reply]

  19. In Pro-rata SIL, how can we compute that if an empolyee reached for 6 months; and till when can he/she avail that pro-rata? Is it until 12 months of stay or until a new year starts [January of next year], and the pro-rata will end?

    [Reply]

    Kalabog76 Reply:

    Pro-rata SIL is computed as follows :

    Number of months working / 12 * 5 SIL. if he was hired for example, september 1 2009 and probationary until feb 28 (6 months), regularized march 1; then for 2009 the leave credit would be 4 / 12 * 5) = 1.6667 and the 2010 earned credits would be 2/12 * 5 = 0.8333. still you should be given 2.5 for your probationary period (?) or half (6mo) of 5 SIL.

    But I don’t think companies do this. As soon as you are regularized and they provide, say, 12 VL and SL, you are earning 1 leave credit per month ( 1 for sl and 1 for vl). For some, their rule is you can only use them after a year since if they gave you 12 leave credits, you are just actually earning them.

    It is frustrating to deal with it specially if the HR personnel is a newbie :(.

    [Reply]

  20. I am currently employed in a private company. the company where i was employed has been closed and i was re-hired last march 30,2010 under the new company name. Some old employees too was re-hired and some are newly hired. It’s been 7 months since the date of hiring (March 30,’10 to present). I would like to ask if we can already avail of the SIL?

    [Reply]

  21. In my company ESL, I just had my incentive leave last month. Our salary is based on its salary basic, and with per hour rate. We just had 4 days incentive leave, with pay but you’ll only get the basic rate which is 2000, excluding the per hour rate…How about our payment here?. Does the company is still subject to pay us, based on the per hour rate with its salary basic? or just the basic salary excluding per hour rate?. It’s really unfair to our part, we’re supposed to be thankful with the service but, the thing is, they just paid us the basic salary. We’re having 8 classes and 30 per hour. And imagine it’s 4 days, but then on the salary day, you’ll just get the basic, so better not to have the incentive leave…

    [Reply]

  22. labor code girl Comment:
    November 6th, 2010 at 08:04 am

    Hi Ted Ferrolino,

    “The service incentive leave may be used for sick and vacation leave purposes. And, at the end of the year, the unused SIL may be commuted to cash.”

    I already understand how to compute for credits. My question is which rate to use so here is an example:
    I am already a regular of my company for 5years and let’s say my daily rate as of Jan1,2010 is 800 and I am given an increase by August1,2010 and the new daily rate is 1000. If I want to avail of my 5 sick leave benefits on September 1,2010, how much should I be able to receive- 800x5days or 1000x5days?

    Following the same thought, if I did not avail of my VL the whole year, how much should I receive if the 5days will be commuted to cash at the end of the year-800x5days or 1000x5days?

    Hope to receive your quick response (or anyone else who understands my question).

    Thank you! :)

    [Reply]

  23. I am a regular employee of a private institution. I filed my vacation leave 3 days before my absence. Our HR require me to put specific reasons why I have to apply for a vacation leave. Do we have the provision in the labor code that necessary to put specific reasons for vacation leave before it would be granted? In my own understanding, vacation leave can be used by a regular employee on her personal affairs.

    [Reply]

    Ted Ferrolino Reply:

    Hi!
    There is no provision in the Labor Code that requires the employee to his reason before he/she may avail of legally mandated SIL or vacation leave (minimum of 5 days leave with pay). The employee may freely use it for his personal affairs as he wishes. However, this may apply only to legally mandated SIL.
    For availing of leave beyond the minimum required by law, your company policy may have a different requirements. Please check your company policy.

    [Reply]

  24. Adam R. Pontigon Comment:
    November 16th, 2010 at 11:01 pm

    Sir Ted!
    I resigned as an employee last Aug 31,2010 . after exactly 10 years of my employment in this private company i earned 155 days of unused sick leave (SL). i asked our company officer if my earned unused sick leave can be converted to cash , according to them there is no company policy.

    Is there any provision in the Labor Code that requires the employer to pay the employee of earned sick leave ?
    Your prompt reply will be appreciated !

    Salamat Po
    Adam

    [Reply]

  25. Adam R. Pontigon Comment:
    November 16th, 2010 at 11:12 pm

    Hi Sir,

    I resigned as an employee last Aug 31, ater 10 years of working in a private company i earned 155 days unused sick leave (SL). i asked the management if this earned SL can be converted to cash . the answer is No Company Policy.

    Is there any provision in our Labor Code that this private employer is mandated to pay the eployee to pay if resigned especially after 10 years in service and also a retirement pay ? Pls. enlightened me.

    Adam

    [Reply]

  26. Hi Sir
    What if i was hire on march 2, 2009 will should i be given the commutable money equivalent of SIL in Dec 2009?

    [Reply]

  27. Hi Sir..just wanna seek some advice! I’m an ESL teacher and i was hired July 28, 2009. I took a leave on January 30-February 15, 2010 for some personal reason. Then I got sick on September 7-13 (5days) I filed for a sick leave then, but my employer didn’t pay me ‘cuz they say i’m not entitled yet. And on November 11-17(5days), I had health problems again and need to rest…I filed it as sick live for the second time but they said I’m still not entitled to. How can I avail of the SIL? I’ve been working with them for 1 year and 5months but according to my employer incomplete months are not included in my tenure. Please help…thanks!

    [Reply]

  28. glenda garcia Comment:
    December 17th, 2010 at 11:59 am

    hi sir, just want to ask a question, ive been working for almost 10 years, enjoying the previlage of 12days SL and 12days VL, parang gustong bawiin ng company gawing 5 SL & 5 VL, my batas po ba na puedeng baguhin ng company un??

    [Reply]

    Ted Ferrolino Reply:

    Changing your SL and VL from 12 to 5 days would result in diminution of benefits – it is illegal.

    [Reply]

  29. kim teodosio Comment:
    January 19th, 2011 at 10:18 am

    when we started the company year 2003, i copied a handbook of another company for my company. we give 10 days sick leaves and 10 days vacation leaves to our employees, after every year of service an additional 5 days. Just late last year i found out that labor law requires only 5 days sick and 5 days vacation leaves. Can i still change the content of our handbook. Can it still be implemented to the old employees

    [Reply]

  30. Hi sir,just want task question, the company hired me November 21, 2009. I am still in the company up to now so entitled na po ako for a five Days Service Incentive Leave since November 21, 2010, pero hindi ko po nagamit yun hanggang matapos ang taon, diba po dapat convertible to cash upon the end of the year 2010?

    may another 5 days Service Incentive Leave po ba ako ngayong 2011??

    [Reply]

  31. Jules Fortune Comment:
    January 23rd, 2011 at 04:44 pm

    Is it necessary for the employee to have at least one (1) year service with the company before he can avail the paternity leave? Is there any requirements on how long the stay of an employee so that he can avail the said benefits?

    pls send also your answer to my personal email address: jfca...@gmail.com

    [Reply]

  32. Jules Fortune Comment:
    January 23rd, 2011 at 04:48 pm

    Is it necessary for the employee to have at least one (1) year service with the company before he can avail the paternity leave? Is there any requirements on how long the stay of an employee so that he can avail the said benefits?

    [Reply]

  33. Are SL and VL subjest for tax?

    [Reply]

  34. Federico dela cruz Comment:
    February 1st, 2011 at 11:07 am

    Hi Sir,

    I am more than a year employee in our company. Our company only gives 10 days Vacation Leave, 5 days Sick Leave and an emergency leave. Our company do not give Bereavement Leave. My sister died and I was absent for a few days. I asked our HR if I can avail of Emergency leave. Our HR told me that death of siblings is not included in Emergency leave. Is our HR right in not giving me Emergency leave?

    [Reply]

    Ted Ferrolino Reply:

    There is yet no bereavement leave under the Labor Code. However, an employee is legally entitled to at least 5 days service incentive leave, which may be used for whatever purpose. If you can’t avail of emergency leave, try your vacation leave (if not yet completely used up.) If your company still won’t allow it, something is not right with the policy.

    [Reply]

  35. Hello ted,
    i would just like to ask.. Our company do honor bereavement leave for 3days max so then i applied for it since my grandmother passed away.. Moreover, on my last filed date, i went somewhere out of town after my so-called duty on the burial.. Could this be filed against me as fraud?!

    Need immediate feedback! Thanks a lot!!

    [Reply]

  36. hi,
    i used to work for the biggest chain of malls here in the philippines. I resigned last oct 5, 2010. as company practice, replenishment of accrued/earned SL/VL is done every nov 1 of the current year (2010). However, since i resigned october 5, 2010, the employer refuses for grant me equivalent leave earned for my service for the period Nov 1,2009 – Oct 5,2010 because replenishment/release of new set of VL/SL was on Nov. 1, 2010. They said this has long been the company policy.
    I was not informed of such practice prior my resignation effectivity date. I’ve been asking them for a copy of the so-called “COMPANY POLICY”, but to-date, they cannot give me a documneted copy… all are verbal.
    Can the company forfeit whatever leave i should have earned? Can they implement it without approved written policy? Is this legal?

    [Reply]

  37. Hi, would like to know if it is legal to mandate that 5 days SIL shall be consumed first prior to taking leave without pay?

    [Reply]

  38. we have 15vl and 5sl, im a single parent.. and i have an id for solo parent from dswd.. yun hr namin d pumayag kasi daw ang ang parental leave daw na yun ay mag fafall o under ng vl namin.. tama ba sila?? dba my maw tyo about single parent Republic Act No. 8972 or the “Solo Parents’… may laban po ba ako dito? sb sakin wala ako kauhan kasi under na sya ng vl ko tnx

    [Reply]

  39. chrizylle Comment:
    March 1st, 2011 at 09:47 pm

    I just want to ask, our company only allows half day or .5 vacation leave every month, what they did was 5 days VC divide by 11 months. and for the month of january all employees are not yet allowed to avail vacation leave. Leave starts from Feb. to Dec. is there a law that requires when to avail the V.L?
    and is it legal that their regular employees from managers will be given lower position example as an agent with no employer employee relationship? and also some of employees here have salaries lower than the required minimum wage. please reply.

    [Reply]

    Ted Ferrolino Reply:

    1. The law grants every qualified employee a yearly five days incentive leave with pay – not .5 day leave per month. The employee may avail the leave at any time during the year.

    2. It is not legal to demote regular employees to lower position, specially if it would result in termination of employer-employee relationship. It is tantamount to illegal termination, or at least, constructive dismissal.

    3. Payment of wages below the minimum wages set by law is illegal. You can report your employer to DOLE.

    [Reply]

    chrizylle Reply:

    thank you for the answer. actually some of the employees in citihomes had already report to DOLE regarding minimum wage rate, but still the company did’nt act on this, instead they wanted to remove employer-employee relationship. these employees are not College grad. so i don’t think they’ll able to fight their right.
    and some employees even college grad. can’t do anything about demotion on their position because they need job to support their family.
    they also easily terminate contracts without due process, their only basis are those envious people who back fights others to gain the trust of the pres.

    this is how cruel the management is.

    [Reply]

  40. my quetion has not been answer yey. hoping for immediate response.

    [Reply]

  41. romel n tolentino Comment:
    March 6th, 2011 at 02:36 pm

    yung SIL po ba ay yun din ung five days mandatory leave??

    [Reply]

    Ted Ferrolino Reply:

    SIL yan yung five days leave with pay. Mandatory ito on the part of the employer, kasi dapat lahat ng qualified employee ay bigyan nito. On the other hand, hindi ito mandatory on the part of the employee, dahil maari nila itong hindi gamitin at icommute lang to cash at the end of the year.

    [Reply]

  42. ask ko lng pow kung talagng 5 days lng tlg ang leave ng employee evry year.vacation and sick pow ba is equal 5 days only or 5 days sick leave nad 5 days vacation leave/ how about the maternity leave?ans ask ko lng din pow kung tinatanggal sa 13th month computation ang ecola?and hiwlay ang basic salary exmple is basic salary 4500+ecola 700 evry cut off or hiwalay p pow ung ecola s computation ng basic salary tsaka idagdag ung ecola.tnx pow sna makakuha pow ako ng copy ng law about dis matter.

    [Reply]

  43. Good day. I’m currently employed in a private company, i become a regular employee last nov 2010, but until now i wala p kong na aavail n sl/vl, everytime n mag leave ako,still na dedeductan p din ako sa salary as absent. Explain ng admin namen d pa daw po approved ang mga leave sa company namen. Tama po b un?? d po b automatic n once maregular ang employee entitled n sa sl/vl?? thank u. hope u will answer my query.

    [Reply]

    Ted Ferrolino Reply:

    No. You will be entitled to SIL only after you have rendered at least one year of service. Your entitlement will start, not on your date of regularization but, at the end of the one year period from the start of your employment.

    [Reply]

  44. Sir ted,
    I hope masagot nyo po un query ko..
    Tnx.

    [Reply]

  45. I am a probationary employee. I was on maternity leave for 2 months. When I got back to work I asked about my regularization, since I did not work for 2-months, the HRD Personnel said that my probationary period would be extended. I dont have any objection on that but is that legally allowed?

    [Reply]

  46. Sir ted,
    How about the sick leave and vacation leave, is it legal n wla pa kaming ma avail n ganun even we are regular employee??? tnx

    [Reply]

  47. Please help us determine when the employee is entitled to receive the 5 SILs in the following situation:

    Juan dela Cruz was hired on Jan. 1, 2009 as a full-time employee. He resigned on March 31, 2009. Juan applied again and was re-hired on July 1, 2009.

    -When does he legally earn the 5 SILs? (What exact date?) Taking into consideration that there is a 3-month GAP in his employment record.

    -Can a company decide (is it legal) not to commute to cash the SILs of employees at the end of the year but instead carryover the SILs to the following year?

    [Reply]

  48. Hi Sir,

    Ask ko lang po. I’m currently a regular employee and the comp I am working for has not yet reached its first year. are we eligible for leaves? if so, are they paid?

    [Reply]

  49. kenshi watashino Comment:
    March 29th, 2011 at 09:03 am

    Hi Sir Ted,

    Our company gives us 10 SL/year which is converible to cash. Last year, binigay po nila sa amin Feb 2010 saying na payable naman daw sya within the first quarter. This year, babayaran po nila on March 31 per half lang daw then they will remove it eventually next year. Tama po ba ito? Thanks

    [Reply]

  50. Cecel Bernados Comment:
    March 31st, 2011 at 02:31 pm

    Does the worker on leave claim/receive his daily rate which composed of the Basic and COLA? Or what is the basis of his pay? If he is on a daily basis and on a monthly basis? Please clarify.a

    [Reply]

  51. Good day,

    I was hired in a private company Septemerb 2005 given the privilege of 7 days SL & 7 days VL. when 2007 came the management decided that all employeed that will be hired on that year they will only enjoy 5 days SL&VL as what is stated on the labor code. but before the year 2010 ends we hire a Legal Consultant and the Service incentive leave benefit was reduced into 5 days regardless of the year hired / employed because he told us that the Labor requires this. Now year 2011 it was implemented and we can now use only 5 days S.I.L.. Is it Legal or pede pa ba maibalik yung dating bilang ng SIL namen n 7 days sl & VL. sana po pede nyo ako matulungan

    [Reply]

    Ted Ferrolino Reply:

    The employer may not reduce, diminish, discontinue or eliminate any benefit being enjoyed by employees. This violates the principle of non-diminution of benefits.

    [Reply]

    nicole Reply:

    pano po namin ireklamo? baka kasi sabihin po nila it was now the Company Rules. or baka kami naman po balikan at pahirapan or mapag initan sa trabaho in case magreklamo kame worst case eh mawalan pa ng trabaho na walang benefits / separation na matanggap.

    [Reply]

  52. hi sir!

    im working in a private company since july 2005.until now wala kmi nrerecib na SIL.mandatory po ba tlg ang 5daysVL at 5daysSL?ung comp kxe nmin nsa 8 ang staff na nsweldo ng monthly,ung 40 nman commission basis,ask ko lng kung ksama ba ang comp nmin sa mga excempted sa SIL?pls answer my query,thak u soo much.

    [Reply]

    Ted Ferrolino Reply:

    “Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.” Ito ay mandatory. (Hindi 5 days VL at 5 days SL ang mandatory kundi 5 days service incentive leave lang.)

    Ang exempted lang dito ay government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another and workers who are paid by results as determined by the Secretary of Labor and Employment.

    [Reply]

  53. Michelle Dinio Comment:
    April 12th, 2011 at 10:56 am

    My company declared company holiday on Dec-26-29,2011 and Jan 2, 2012 (total of 5 days). They declared it holiday but they would deduct the the 5 days leave from our total 12 VL. The company’s reason for treating this as forced leave is according to the management, we should file this as Vacation Leave in order for us to have long vacation leave. These leaves are forced leave. Previously, our company usually closed after Christmas and resumes after New Year. But for this year, we had new management and would like to deduct from our vacation leave all those christmas break. Is it legal?
    Thanks po.

    [Reply]

    JP Reply:

    Hi,

    We have the same scenario. Is it legal to deduct VL during company holiday’s?

    [Reply]

  54. Hope masagot n po mga query namen..
    Tnx a lot

    [Reply]

  55. I am a permanent government employee for almost 17 years and during my 1-15 yrs in service, I am entitled to regular and special holidays..meaning, I could not be forced to report on work on the said holidays. But when our new head/chief came, on my 16th year of service, I was forced by him to report even on holidays(without pay)..there was a time when I was forced to FILE A LEAVE for that holiday (that’s a lenten season). Is it lawful for him to do it for me? I know the labor code in the Philippines..but inspite of it, to avoid strife between my employer and myself, I just keep silent..I am working in a hospital and I am alone in my department and don’t have shifting. Infact, I am thinking that perhaps, if we are 2 imy department, it’s just natural for me to work on holidays when my duty falls on the said day and I understand it.. Please help me …can you please give me a proof to show to him base on labor code/law? Thank you so much for heeding mg request. God bless..

    [Reply]

  56. Ron Weasley Comment:
    April 27th, 2011 at 02:31 pm

    Hi Sir,

    Here’s my case:

    Our company gives us 40 hours of Vacation Leave and 40 hours of Sick Leave. Forty hours is equivalent to 5 days if you are working for 8 hours a day. However, our work requires us to work 5 days a week – Mondays to Fridays. Here’s our schedule:

    Mondays to Thursdays = 7:00 AM to 5:00 PM (9 hours per day minus the lunch break)
    Fridays = 7:00 AM to 4:00 PM (8 hours minus the lunch break)

    All in all, that’s equivalent to 44 hours per week. In our case, is 40 hours just or does it fall short of the minimum?

    I am hoping to hear from you soon. I’ll be bookmarking this page. God bless!

    All the best,
    Ron Weasley

    [Reply]

  57. I just learned that the company I worked for does not convert unused Sick Leaves into cash at the end of the year. We find this unfair. What do we need to do?

    [Reply]

  58. Sir, nag-increase ung e-cola ng 22 pesos.

    What if may 20 pesos na ako na allowance, magkakaroon pa ba ako ng additional 22? Or 2 pesos na lang po?

    Or kung sobra ung allowance ko sa 22 pesos, hindi na ba ako affected nung increase?

    Thanks po.

    [Reply]

  59. cherry sabado Comment:
    May 17th, 2011 at 02:21 pm

    Good Day Po….
    We would like to ask if what are we going to do if the company that we employed is not required the sick leave and vacation leave.im already employed for more than 4 years…..total employee is 10…

    [Reply]

  60. Hi there!

    I just recently been aware of R.A. 8972 otherwise known as the “Solo Parents’ Welfare Act of 2000). I have been employed in my current company for six (6) years (continuously), during my first year (2005) however, I was on a part-time status as a faculty in this private HEI. My query is particularly on the claim of the “Parental Leave” benefit under the aforementioned law which provides for seven (7) days paid leave for qualified solo parents. If my employer is already extending 15 days SIL, will the availment of this Parental Leave still be extended to me as a solo parent (provided I have been issued my Solo Parent ID) separately, meaning on top of the 15 days SIL? Or will it be treated as already integrated in those SIL credits currently enjoyed by “all” regular (with at least one year of service) employees of the company?

    Should it (Parental Leave) not be treated as additional privilege for solo parents like me since the 15-day SIL are commonly enjoyed by all regular employees (regardless of their status)?

    Please enlighten me on this. Thanks!

    [Reply]

    Ted Ferrolino Reply:

    Under the “Solo Parent Welfare Act of 2000″, “parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year”. This parental leave shall be “In addition to leave privileges under existing laws.“

    [Reply]

  61. I was hired in a company last august 1, 2005 and i resigned last March 13, 2011 after my maternity leave of 60days. I submitted my resignation and wait for the benefits that i may receive for almost 6years of working to that company. But i was shocked when i have learned that my gross receivable was only Php 4k plus, is that fair for me? Are they violating any labor code law? I just wanna know so that i can do anything to fight for my rights. thank u!!

    [Reply]

  62. irene jane ramos Comment:
    May 27th, 2011 at 10:31 am

    Good day po…
    Mula po noong pumasok ako dito sa kampanya wala na po kaming natangap na sick leave at vacation leave, ang katwiran kasi ng may ari …ay wala na since pa,,,,,ano po gagawin namin….

    [Reply]

  63. Rovelyn San Diego Comment:
    June 4th, 2011 at 10:58 am

    I’m a permanent employee. I got an opportunity to work abroad with 3-months contract. I still have 28 (accumulated) vacation leaves. My plan is to consumed all the leave credits and apply for 2 months leave without pay. Do my superior has the right to disapproved my application for that leaves. Thanks.

    [Reply]

  64. Hi good afternoon!

    I have this question in regards to my contribution in the company,as i checked my SSS,Pag-ibig,Philhealth i found out that my 2010 until 2011 contributions where not paid in my Pag-ibig and Philhealth and SSS and also my 2009 SSS was under condonation and would take effect next year 2012. what shall i do to resolve this problem? another thing is my function in a company was took away by one of the neice of the company without further notice and and the worst is she keep on saying words which i felt insulted and humiliated.In this case what is the best action i must do.

    [Reply]

  65. Sir Ted,
    I am a public school teacher since June 2002. Nag-sick leave po ako without pay ng isang taon last June 2008- June 2009. after going back to work, i heard that hindi na daw po ako pwedeng magkasakit o mag-avail ng sick leave dahil nagamit ko na sa 1-yr sick leave dati. Is it true that I can no longer avail any sick leave anymore? or pwede ko pa ring ma-avail ito pagkalipas ng ilang panahon? how long po kaya para magkaroon po uli ako?
    sana po masagot ninyo ako. maraming salamat!

    [Reply]

  66. I’m working for 6 six years as teacher in our school. wala po kaming sick leave nor vacation leave. basta makaabsent kami kaltas agad po sa sweldo namin kahit may sakit o anuman. ang mga private school nga po ba ay talagang walang mga leave na binibigay sa kanilang mga employees. pls reply. tnx!

    [Reply]

  67. May i know if the E-Cola is mandatory upon all employers to be given to employees? thank you.

    [Reply]

  68. May i know if the E-Cola is required from all employers to be given to employees?
    thanks

    [Reply]

  69. tanong ko lang po…may batas po ba sa labor code na every year 5 days upgrade of leave like sick leave?
    please email me..noemi.vea&gmail.com kung na hired po kayo ng jan 2008-2009=5days leav?
    jan 2009-2010=10 days leave?
    tama po ba na ebery mag extend ng 5 days yong leave m?

    [Reply]

  70. Sir,

    I would like to ask if service incentive leave is taxable?

    [Reply]

    cel Reply:

    If you are on leave of absence and the absence is charged against your SIL, then such SIL utilization shall be considered part of your basic pay, and therefore it is taxable.

    However, if your 5 days SIL is converted to cash or monetized, it will not be taxable since it will be considered as de minimis benefit not subject to income tax and consequently to withholding tax as per BIR Revenue Regulation No. 8-2000 Sec. 2.78.1(3)(a)

    [Reply]

    ric Reply:

    Hello, i work in a manufacturing company. Our company give us 1 SL and 1 Vl per month,12VL and 12SL in a year. Un VL hindi convertible then un SL convertible to cash. May i ask if taxable be un 12SL na convert to cash namin by the end of the year?I mean, un buong 12 days taxable or may certain number of days ba na exempted sa tax?
    will wait for your reply.
    thanks!

    [Reply]

  71. I want to follow up the question i asked, taxable po ba ang service incentive leave?

    [Reply]

  72. No. You will only be entitled to SIL by March 2, 2010, after you have completed one year service.

    Article 95 of the labor code: Right to service incentive leave – (a) every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of 5 days with pay.

    [Reply]

  73. No. You will only be entitled to SIL by March 2, 2010, after you have completed one year service.

    Article 95 of the labor code: Right to service incentive leave – (a) every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of 5 days with pay.

    [Reply]

  74. is the company has the right to modified the SL po ba?
    kasi sa amin pag nakatatlong gamit ka ng SL sa loob ng 90 rolling days bibigyan ka ng memo. tapos pag nag SL ka na dikit sa weekend, like monday and saturday pagbalik kelangan na magprovide ng medical certificate (so sa case namen eh tuesday, wednesday at thursday lng pede magSL at every other month lang dapat) buti po kung yung SL ay kinoconvert sa cash. pls help po.. i need legal advice. thanks.

    [Reply]

  75. Ask ko lang po kung talaga bang di ko na makukuha un na-earn kong leave credits dahil wala pang one year akong nagwork sa company kahit pa na regularized na ko nun. Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Hi! Only employees who have rendered at least one year of service is entitled to SIL.

    [Reply]

  76. bakit po kailangan mag force leave ng isang government employee kung regular employee naman po sya? allowed po kami gumamit ng 3 privilege leave in a year, anniversary, bday, and enrollment. bakit po binabawasan kami sa magna carta?

    [Reply]

    Joji Arcebuche Reply:

    All government employees should follow the Civil Service Commission rules, not the Labor Code of the Philippines.

    Kaya tinawag na forced leave ay dahil kailangan mo siyang i-file kahit hindi mo gagamitin. Kung ayaw mo siyang mabawas sa vacation leave mo, all you have to do is to request for its disapproval pero kailangan pasukan mo yung araw kung kailan mo binanggit ka gagamitin mo ito.

    Ang mga kawani ng gobyerno ay binibigyan ng 3 special leave privileges na pwedeng gamitin sa mga special milestones mo at ng iyong immediate family kada taon. Ito ay hindi dapat ibawas sa earned VL/SL pero hindi ito commulative.

    Laging tatandaan, napakalaki ng pagkakaiba ng mga alituntunin na sinusunod ng mga kawani ng pamahalaan sa private sector. All government employees are bounded by the laws and rules of the Civil Service Commission and definitely not by the Labor Code of the Philippines, as amended.

    [Reply]

  77. sir i am employed in a govt controlled corp. they just decided now because of their unexplained used of funds we’re at a loss and so they require all contractuals 5 days of force leave and us permanent employees 3 days force leave both without pay. Is this legal? If not what actions can we take.

    [Reply]

  78. na-approved na po ba ung house bill No. 2533 regarding sa sick leave & vacation leave?.. please reply po sa email ko…

    [Reply]

  79. na-approved na po ba ung house bill No. 2533 regarding sa sick leave & vacation leave?.. please reply po sa email ko @ manu...@yahoo.com.ph

    [Reply]

  80. Sir,
    I got regularized last July 2011. I am a single parent and I applied for my SOLO parent leave. The company said it is prorated. Ang sabi po sa akin 3 days lang ang mabibigay nila. Hindi ba dapat 7 days automatic yung upon 1 year of tenure?

    Please help. I really feel that my right is being violated here.

    Thank you.

    [Reply]

    Ted Ferrolino Reply:

    I don’t think the law allows prorating of parental leave. The law is explicit that solo parents who have rendered service of at least one (1) year are entitled parental leave of not more than seven (7) working days every year. This is in addition to other leave privileges under existing laws.

    [Reply]

    Guia Reply:

    Who/ Where can I go to ask help regarding this? I would like to file a complaint against the company.

    [Reply]

    Joji Arcebuche Reply:

    You may file a complaint to the nearest DOLE provincial office.

  81. Hi.
    good evening, I’m resigning from my company effective this 30th of Sept. and I’m computing my 13th pay in advance..I’m just confused about Vacation leave and sick leave…Last year, I got 2 weeks leave with pay.But this year, I got 5days leave with pay. Because the company changed its rules and regulation (they say)how long should a vacation(per year) be? is there some discretion regarding the number of days by the company? And how is sick leave define from the labor of code…are vacation and sick leave different?
    i know i asked a lot of questions but your answers would be highly appreciated. thank you.

    [Reply]

  82. I am a regular employee in a call center. I am working for 3 years now. I filed 1 day Paid Vacation leave for September 6 2011 because it is US LABOR DAY, we do not have work, and we are considered “no work no pay”. The accounting personnel said it is only 3 hours payment. I don’t understand why. It will be credited on the next payroll 6/15/11. Please explain further as I am so frustrated about this. I have not yet used any of my 5 days VL/SL with pay combination.

    [Reply]

  83. Good Evening!

    I would just like to ask if the below mentioned is legal or not.

    This was written by our HR Mgr. in a MEMO that was released by the HRD.

    “All new employees hired starting the date of this MEMO’s release and on-wards shall not have the option to en-cash their Sick Leaves (SL).”

    By the way, it is only our Sick Leave (SL) that is being converted to cash as of the moment and not our Vacation Leave (VL).

    Thank you and more power!

    [Reply]

  84. Gd.mrning sir Ted, . . Ask qlng pu bout sa SL/VL ko, . Nahired pu aq. . Aug.16.2009 to June 30,2011 . . Ang nareceive qlng pu nung March 20,2011 is 2,307.69 pesos para sa unused leave q. Wla pu qng nagamit isa man sa SL/VL, q. Qlang pu b ung ntanggap q? Panu pu b ang tamang computation ng SL/VL? My habol pa pu b aq sa employer q. . .kaht ng’company closure npu ung company nmin nung june 30,2011? pero until nw pu ung iba pung pay dpa naibibigay smin. Pde npu b kming mg’file ng kaso? Plz responce pu tnx, . . (mhel)

    [Reply]

  85. Gd.mrning sir Ted, . . Tanung ko lng po. . . Entitled pu b ko s SL/VL. . Pay? Nahired pu aq Feb.2010 to June 2011, . .panu pu pg’compute nun? Wla pu ako nrecve kht mgkano, .? Hope for ur reply . . Thank you!

    [Reply]

  86. ,,ask ko lng po im 2 years ng empleyado ng 1 private company meron po kming VL/SL pero un manager nmin ayaw nya pong pagamit smin in good and valid reason nman po.anu b pwde nmin gawin,,nagagalit po sya samin at pati un personal n buhay namin pinanghihimasukan nya,,hnd nya po pinipirmahan un SL/Vl nmin..pls email me ng answer nyo po,,GOdbless

    [Reply]

  87. good day sir… ive been an employee of a restaurant from dec 15,2009 then i decided to hav my resignation last aug 15, 2011. Sa case ko po kasi andami ko naencounter na prob with my employer. Ang counting po kasi ng leave namin is from jun2010 to may 2011 for our one year of employment. supposed to be po magstart kami ng panibagong leave by june 2011. before my resignation po ive decided to take my vacation leave with the last cut off ng employment ko.. ang hindi ko po maintindihan kung bakit hindi ito binayaran. nagfile ako ng leave form at pinirmahan po ng heads ko yun. isa pa po is with my terms of service sa company, nagdededuct po sila ng benefits like sss, pag ibig and philhealth ng hindi pinapasok sa mga account ng employees. ano po bang dapat ko gawin … i was hospitalized at hindi ko nagamit ang mga benefits ko na yun. salamat po…

    [Reply]

  88. Joji Arcebuche Comment:
    September 20th, 2011 at 01:01 pm

    If you are a government employee, the above-mentioned rules will not be applicable to you. Government employees follow the laws and rules of the Civil Service Commission. The Labor Code of the Philippines, as amended applies only to private sectors.

    [Reply]

  89. hi good day,,ask ko lang if nag retrench ang isang company ,, like ako ex, 14 years na do i deserve to have my incentive leave pagsinama ako sa matatangal ,,,

    [Reply]

  90. good day! im a call center agent in alabang. i would just like to know if it is legal to base leave approvals on performance and attendance though we have accrued leaves?

    [Reply]

  91. Hi sir Ted,ask ko lang po kung me krptan b ung comp na tangglin ako sa work ko kasi one month before nag file ako ng leave na 5days VL and 11days leave without pay. Ngayon d ako pnayagan sa 11days without pay ble 5days lng bgay nila ble 10 days lhat kso nkbili n kc ako ng ticket kya sinunod ko p din ung 11days ko kya pgblik ko tinanggal nila ako. Ble almost
    8yrs n ako sa comp. Mali po b tlaga ako?

    [Reply]

    Ted Ferrolino Reply:

    May pagkakamali ka talaga dahil nagleave ka kahit alam mo na hindi ito authorized ng management. May karapatan ang management na mag impose ng penalty kung may paglabag ang empleyado.

    Kaya lang sa tingin ko, sobra ang penalty of dismissal na ibinigay sa iyo, lalo na kung unang pagkakamali mo palang naman ito. Dapat binigyan ka ng mas magaan na punishment. Sangayon ito sa policy ng batas na dapat last resort lang ang penalty of dismissal. Kung may mas magaan na penalty na maaring ipataw, tulad ang suspension, dapat ay ito muna at hindi agarang dismissal.

    [Reply]

  92. Our company has provided 15 days sick leave & 15 days annual leave.

    Question are:

    When will the leave credits calculation entitlement start? Is it from start work date or upon regularization of the employee?

    Are unused leave convertible to cash at year-end or will be forfeited?

    [Reply]

    Ted Ferrolino Reply:

    Under the Labor Code, only those employees who have rendered at least one year of service are entitled to service incentive leave of 5 days with pay.

    However, in your case, since your company leave benefits exceeds the minimum standard set by law, it is governed by company policy/practice, rather than the Labor Code.

    Check with your HR regarding your company’s policy on leave benefits.

    [Reply]

  93. Good day! I am working to a Government Agency (GA), but under po ko sa isang Recruitment Agency (RA).

    Ang contract po ng RA sa GA po 1 year lang and ang renewal po ng contract namin e, depende po kung manalo ulit sila sa bidding magcontinue sila for another year.

    Paano po kung nag expired na ang contract namin in one year..

    Tanong ko lang po, dapat po bang may matanggap kaming SIL kahit nag expired na ang contract ng RA sa GA?.. kasi po sabi ang qualify lang na magka SIL is yung employee who rendered atleast one year of service.. Paano po kung nag expired na ang contract namin in one year, will the SIL be converted to CASH?

    Thank you po in advance sa help.. :D

    [Reply]

  94. Hi Sir Ted,

    Good day! ask ko lang po if i will tender my resignation Nov. 23, 2011 effectivity Dec 23, 2011. Then I still have VL credits of 3o days. If i filled the resignation am i still entitled for vacation leave within the period of my resignation?I mean pede pa din po ba ako mag vl kahit ng file na ako ng resignation? i hope you can enlighten me.thank you.

    [Reply]

    Ted Ferrolino Reply:

    Check with your HR regarding your company leave policy. Your 30 days VL, which exceeds by far the standard leave benefits under the law, is purely mandated by company policy or practice. It is not governed by the Labor Code.

    [Reply]

  95. Sir
    Ask ko lng po, kung sakali babayaran ang unused leave namin, bale i still have 10 unused VL and 8 unused SL, can my company pay only 5 because according to the labor code, 5 incentive leave lang naman ang minimum at pwedeng i convert to cash, the rest of the leave na di mababayaran ay carry over naman for next year. If ever na mag resign naman po ako, tama po ba na 5 days unused leave lang din ang bayaran sa akin kahit more than 5 ang meron pa ako? tama po bang ifo-forfeit nila ung natira upon resignation dahil binayaran na nila ako ng 5 days?

    thank you.

    [Reply]

  96. Hello, just want to ask kung kelan dapat binibigay ang mga leaves? In all call centers kasi, leaves are “earned”. Example, in our company, we have 20 SILs and we earn 0.88 something per month. Regardless kung regular or probi.Is this allowed?

    Also, ugali din ng mga call centers na bibigay nga nila yung leave pero hindi magamit. Is this legal?

    [Reply]

  97. Hi,

    I’m quite confused, is SIL separate from sick leave and vacation leave incentives? for ex we were granted 6 sick leaves and 6 vacation leaves,plus 5 SIL so a total of 17 leaves is that it?

    Ty

    [Reply]

  98. Hi,

    I’m a call center supervisor(Monthly Paid). My company requires us to utilized our (Forced VL) this company holiday/shutdown from Dec. 26 to Jan. 2..

    Is this a clear violation of our labor code below?

    “Rule IV, Book III of the implementing rules, Section 2 which provides that monthly-paid employees are presumed to be paid for all days in the month whether worked or not.”

    [Reply]

  99. Is it true that when an employee enjoys a Service incentive leaves of 5 days, hindi na puwedeng magkaroon ng Vacation leave at sick leave?

    [Reply]

  100. hi just want to inquire my case. in our company, we are given 5VL and 5SL upon one year. nag one year ako nung october this year. this nov nagbigay ang hr ng memo na hanggang 1st qtr of next yr pde i-avail ang VL at SL for this year. then this dec, biglang ngbigay ng memo na for the first year of tenure, ang VL ay pro-rated. ganito ang formula nila. (leave entitlement/12 months)*no. of months remaining of the current year = VL credits entitled to employee
    nkapag avail ako ng one VL this nov. kaya supposed to be, 4VL at 5SL nalang ang entitled skin. then after the last memo, 1 SL nalang daw ang entitled.
    makatarungan po ba ito? nka-align pa din po ba ito sa DOLE guidelines?
    really hope that you can help. thanks.

    [Reply]

  101. Pano po computation nu sa sl at vl? pano po pag nd nyo nagamit lahat un, converted po ba sa cash un?

    [Reply]

  102. ask ko lang po wala po ba tayo law regarding bereavement leaves, namatay kasi ung Lola ng asawa ko, nanay ng dad nya, and sabi po nung comapny sa misis ko eh hindi daw po considered as an immediately family ung lola nya. pls help po thanks…

    [Reply]

  103. I have already tendered my 30-day resignation notice last December 15 and should have finished my current job by January 15.

    However, my upcoming employer requires that I start on January 9, 2012 therefore I opted to submit a VL request for my last 5 working days. The HR Manager stated that the decision maker refused to sign the VL because they “might still need me” for that particular week even though I have done all my best to properly turn-over all my responsibilities and deliverables during my stay.

    If I opt to go AWOL at my old job on January 9-13, would there be any serious implications on both of my current and upcoming employers? Thanks

    [Reply]

  104. is there a deadline as to when the company should release the SL and VL conversion?

    [Reply]

  105. how to compute leave credits? the company has given 22days VL per year, but i was regularized Nov. 17 2011. kasama pa po ba sa computation ang Nov. 2011? or mgstart lang mula dec.2011?

    this are my computation:
    A. (22/12)*2months=3.67 VL or 4VL?
    B. (22/12)*1month=1.83 or 2VL?
    C. (22/12)*1.5months=2.75 or 3VL?
    D. None of the above?

    pls.pkicorrect naman po if my tama sa computation ko.

    MARAMING SALAMAT…..

    [Reply]

  106. Any rules on force No PAY leave when SIL and other leave benefits has been consumed?

    [Reply]

  107. can an official or employee go on vacation leave using his sick leave credits/

    [Reply]

  108. ?

    [Reply]

  109. Good day,

    question lang po regarding service incentive leave. Ang SIL po ba na 5 days regardless of the employment status? meaning kahit contractual and probationary entitled po dun (S.I.L) provided naka pag serve na sa company ng at least 1 year? or para lang po sa mga REGULAR employee anf SIL. thanks po

    [Reply]

  110. Does the conversion of the sick-leave depend on the tenure of the employee? This was just sent to us:

    Eligibility: Employees with at least one year of tenure as of December 31, 2011, may convert their earned but unused PTO into cash at the end of every calendar year, payable in February of the following year.

    Thanks!

    [Reply]

  111. Jess Santos Comment:
    February 6th, 2012 at 09:14 am

    Are companies entitled to convert unused sick leaves to cash? when is the time mandatory by law.

    [Reply]

  112. Is it right that after availing our leave for a month, we can have our next vacation leave after two months? Is this policy proper?

    [Reply]

  113. If I was absent because I had a headache and a body pain that I don’t need to go to the hospital to be checked and get a medical certificate, can this be a ground of not approving my SL(sick leave)?
    Do we really need to go to the hospital to get a medical certificate before our SL(sick leave) be approved?

    [Reply]

  114. Hi, I’ve worked in a call center company for 3yrs now and so far we have 12SIL credits in a year. Now, I’ve applied for vacation leave for 4days and it was approved. Ten working days later the company issued a memo that an employee is entitled to 1 paid SIL credit per month. And if in case we have used some of our SIL credits from January up to date we have to wait for the month that we can earn an SIL credit. Because of this memo my leave now is unpaid. I have used almost half of my SIL credits excluding the one i applied for. So I have to wait for couple of months for me to earn an SIL. Is this legal or not? Please help!!!!!

    [Reply]

  115. Good morning! ask ko lang po kung tama po ba na di bayaran ang ECOLA ng isang employee para sa mga araw na naka leave with pay po siya?

    [Reply]

  116. good day! ask ko lang po kung tama po ba na di bayaran ng ECOLA ang isang employee para sa days ng leave with pay nya….di po ba talaga kasama ang SIL sa pagbayad ng ECOLA? thank you po…

    [Reply]

  117. Nina Autos Comment:
    April 21st, 2012 at 01:48 am

    good morning! ask ko lang po kung legal po ba na 5 days VL and SL lang ang ibigay sa amin. kami po ay mga regular na din and more than 4 years na po kami sa company. un po kasing mga senior samin na mga regular na ay 15 days VL and SL po ang sa kanila, samantalang sa amin po ay 5 VL and SL lang po. Legal po ba yun? may Karapatan po ba ang company na gawin po yun sa amin? additional po, yung sa 5 days VL and SL po namin, sinabi po sa amin ng admin na pag hindi po un nagamit ay hindi pwedeng iconvert sa cash. samantalang sa kanila po ay pwedeng iconvert into cash kapag hindi nagamit..

    [Reply]

  118. Karla Virrey Comment:
    May 14th, 2012 at 12:15 pm

    Good morning, ask ko lang po regarding SLVL ano po ba ang standard na SLVL 15/15? kasi ayun po yung implementation ng dating admin, tapos ngayon po 5 days, 5 days lang daw po. Last year po hindi na convert yung SLVL namin into cash and ngayon po hindi rin po. Ilang days po ba ang dapat convertible kung hindi po nagamit.

    [Reply]

  119. Hello,

    Just quite confused.. If i get hired on February 14, 2011 up to present, Am I entitled of SIL? because as per our HR only employee who completed 12 months of service (January 1 to December 31) are entitled of SIL.

    [Reply]

  120. Hello,
    im a regular employee of micro insurance for more than 3 yrs. and last week my sister died. i was absent for 5 days. can i use d service incentive leaves. we dont have vacation and sick leave. my boss told me that the service incentives leave is given at d end of d year in cash

    [Reply]

  121. joyce domingo Comment:
    May 25th, 2012 at 08:52 am

    hello, i just want to ask if it’s legal due our company has a policy that if an employee called in sick immediately before or after day-off, her days off will be counted as SL. below is our policy. we have 3days off:

    sick leave balance 10days
    restday 3days
    sl applied 1day
    total deduction 4days
    outstanding sl balance 6days

    Pls advise.

    regards.

    [Reply]

  122. Sir, I would like to ask for an advice. my mother is a retirable government employee, she has leave credits for almost 1 year since she’s already 35 years in service. she will be going to malaysia for a family trip and her birthday celebration for 8 days, unfortunately her leave was disapproved by her chief nurse for the reason that no one can substitute her duty as nurse aide. she applied her leave for almost 3 weeks before the schedule. Don’t she had the right to avail for vacation leave of 5 days charge against her service credits and 3 days leave as vacation leave for this year?
    Thanks.

    [Reply]

  123. Me-Ann abon Comment:
    June 6th, 2012 at 01:28 pm

    Hi Ted!
    This is regarding the parental leave, I read that you always answer the article 8. This is my case.
    VL : 17
    SL : 17

    Hr claims that the 7 days additional is inclusive of the 17 days leave since it was is required only by law. Then I said I did not enjoy any benefit at all.

    Sabi Nya covered daw sila ng law since 5 days Lang ang minimum required. Tama ba yun? Ang understanding ko at +7 sa existing na 17 days namin.
    Thanks

    [Reply]

  124. Hi Ted,

    I am a regular employee for almost 3 years in service. But last Oct 2011, Our company implemented new policy & procedure on Vacation Leave and Sick Leave.

    We have to earned first the VL and SL before we can avail it. What I mean our earned VL and SL for the year 2011 will be used for 2012. And for this 2012 will be used for 2013. Since last Management issued MEMO before the implementation of new policy to use VL balances for year 2011. All Department Head schedule the staff for there vacation leave. So for this year 2012 we don’t have anymore Vacation Leave to avail because our VL entitlement for this year will be used for next year 2013. Most of the employees need a clarification in this matter. Please clarify the issue.

    Thank you

    [Reply]

  125. Gabriel A. Comment:
    June 25th, 2012 at 11:34 am

    Sir,

    In our company there are three types of employees, trainee, probationary and regular…Does this law apply to regular employees only?

    Thanks in advance.

    [Reply]

  126. my leave credits id 250 before when i was a clerk in the POPCOM then i transfer to the DepEd as teacher. is my 250 days leave credits will be times 2?

    [Reply]

  127. Me-Ann, your HR is correct, what is required by law is only 5 days of incentive leave. The Labor Code does not requirement payment of SL and VL at all. Since your company is already paying you 17 days SL and 17 days VL, then it is no longer obligated to give additional paid leaves.

    [Reply]

  128. HI Sir,

    Just want to ask how many vacation leave is allowable to file in PH?

    Thaks,

    [Reply]

  129. Greetings!

    My wife and several of her colleagues has been working at their company for more than 8 years and still have no working contract. They are not being paid of overtime and not enjoying their SIL because their company has only declared 8 regular employees but the truth is they are total 12 employees in the clinic, not to mention that the owner has 4 more household employees, a security guard and driver. all of which is also somehow connected on the business. Other than these problem, the employees are also complaining that they are being harassed and pressured by the owners by asking each one of them secretly and questioning them regarding irregularities on the clinic operations. Now the employees would like to know if they could execute an strike and go directly to DOLE or NLRC and complain about their employer?
    Thanks!

    [Reply]

  130. Anna marie Comment:
    July 16th, 2012 at 08:56 pm

    If we receive 5 days SIL every year, when we retire, will we still be paid the 5 days SIL as part of the retirement? If so won’t this be considered double payment?

    [Reply]

  131. Hi Kim, changing your company policy is possible e.g. lowering down the number of leave credits you give but this can only be applied prospectively. Meaning, you cannot change what you have given to the old employees but you can implement it to the incoming employees. This change in the policy must be documented and properly disseminated as well. The new employees will now have to be made to understand that they are now going to follow the revised policy.

    [Reply]

  132. driedhenne Comment:
    July 23rd, 2012 at 08:16 am

    question sir….im a private company employee..based on my contract i’m eligible for 10 VL per annum….before, if you will not render your VL, they will convert it into cash….now its not (i understand it bec its a company prerogative or discretion as long as its vl and not a sl)…..question, i always filed VL every month, and non of them were approve, if at the end of the year…and they will not approve my VL requests…can i file a case against my company?…kasi they know its not convertible in cash…katusuhan ba yun?….thanks po.

    [Reply]

  133. Hi, ask ko lang po kc i decided to resign from a private company,we have 15 days of SL a year, until August 30 nalang ako ibig sabihin 8 months lang ako, then nagamit ko po 9 days Sl, ilang days po ba ang pwede kong maavail if until August lang ako, kc po sa naririnig ko sobra daw po ako ng gamit at magbabayad pa ako sa employer.Ganun po ba un?di po pwede magamit lahat ng 15 days SL kahit di mo matapos and isang taon?

    [Reply]

  134. Hi! Ask ko lang po kc yung kumpanya namin never na nagbigay ng service incentive leave kahit kelan. 11 years na po ako sa kumpanya at hanggang ngayon wala po kaming service incentive leave.pag may sakit po kami wala ring sickleave.ngayon lang po namin nalaman na ito pala ay legal na karapatan naming mga empleyado. Maaari po ba naming ireklamo ito at hilingin sa kumpanya na ibigay sa amin yung service incentive leaves na di nila ibinigay sa amin? salamt po.

    [Reply]

  135. VERONICA PANGANIBAN Comment:
    September 11th, 2012 at 02:54 pm

    We are enjoying the 5 days SIL (Service Incentive Leave). Question : If I filed a halfday, because I’d accompanied my daughter to DOST? Will it be a paid SIL (Halfday) or not? As per them, if halfday, not paid the filed halfday.

    [Reply]

  136. Hi,

    would like to know if it is valid. if the company’s policy stating that the accrued leave or unused leave balance will not be given to the resigned employees if the resignation does not take 30 days notice.

    [Reply]

  137. We are a project base contract or as subcontractual in a a know Semiconductor company. Amd I already rendered a 12 months, then I applied to use the 5 days SIL but my company rejected my SIL, their reason were only a project basis. Are we not included?

    [Reply]

  138. who are the candidate for the SIl

    [Reply]

  139. We already rendered a 12 months service and we are a contract basis, then the time I want to avail the SIL my employer rejected my request to avail SIL because were not allowed. We are subcon of a big and known Semicon Company. What will I do?

    [Reply]

  140. I mean we are a sub-contracting company giving service to TI-Clark and we signed our contract as project base from our employer. Do we have right to avail the SIL? We are expecting that we can avail, because some other project base sub-cons give this SIL to their employees. Please need your help

    [Reply]

    Mary Jane Reply:

    Hi Sir,

    Are SIL granted only to regular employees, that is after they are regularized after 6 months. If so, how about those on a three-year probationary period like the faculty and non-teaching academic personnel? Are they entitled for the SIL after one year of service even if they are still on a probationary status for 3 years?

    [Reply]

  141. Re: to quote – REPUBLIC ACT NO. 8972
    AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

    (b) “Children” – refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. – – – Why up to 18 years only. Normally, the child is not finished yet in her/his college studies and still unemployed, thus still dependent on his/her solo parent.

    [Reply]

  142. hi sir, ask lang po kung legal po ba yung pag schedule ng company namin ng VL schedule namin one month before or two months before? eh hindi pa nga po namin sure ang exact date kung kailan kami mag avail ng VL. at pag hindi kami nakapag file one or two months before, wala na kami karapatan mag avail ng VL except for emergency cases. please advise. thank you..

    [Reply]

  143. hi sir, good afternoon po, i need some advice po regarding po s trabho, may absent po aq n 3 days, ngaun i will file it as a vacation leave, sbi po ng manager nmin itatanong daw po muna nya s president, almost 1 year npo aq s trabho q. dpo b dpat nabebenifit qna po ung leave n un, ngaun ayaw po nla ibgat s akin un.. please advise.. Thank you.

    [Reply]

  144. hi sir, good morning po, i need some advice po regarding po s trabho, may absent po aq n 3 days, ngaun i will file it as a vacation leave, sbi po ng manager nmin itatanong daw po muna nya s president, almost 1 year npo aq s trabho q. dpo b dpat nabebenifit qna po ung leave n un, ngaun ayaw po nla ibgat s akin un.. please advise.. Thank you.

    [Reply]

  145. Hi how much po ang makukuha kong separation fee with the salary of php 11,334 then vl credits of 13. I was hired since October 6, 2006 and to be resigned on October 31, 2012.Thanks for the help.

    [Reply]

  146. the company where i am employed is giving out 12 days of sick leave. what if i won’t use these 12-day sick leave, can i encash all the amount which is equal to 12 days of leave? thanks

    [Reply]

  147. I just wanna inquire and ask for a help. I was hired in my company on May 2011, until now they have not given me my SIL of 5days. They explained to me that the SIL will be given after 1 year of regularization. I became a regular employee since April 2012. Is the explanation of my company acceptable?

    One thing is this company where im working for is only giving all their employees 1 Hour total of breaktime per day, which all the other companies that i worked for they have 1.5 Hours total of breaktime per day.

    [Reply]

  148. Jenny Tolentino Comment:
    November 22nd, 2012 at 09:49 am

    I have been working for a company since 2008. Mid this year the company formed an HR department and every suddenly changed as if we were employed in another company. I want to know if the following are legal:

    1. 13th month pay was given to us in full for 2 years and now they are deducting lates and absences.

    2. I was granted halfday every saturday, but now since there are new rules this was taken back from me.

    3. everytime i will take a leave from the doctor they ask for a doctor’s certificate otherwise i have to show tests results as proof. Personally submitting test results is private and is already stepping the line. There was also an instance that they called my doctor asking what i was sick of because they do not understand the results i have been submitting. I have talked to HR about this and they told me that they are just concerned about my health and just following managements orders.

    4. Yearly we have been asking for ITRs from the company or that form given to employees to see the taxes we paid. Out of the 4 years i have worked there. They have only given me 2 forms and it was given to me a year after. I have checked the taxes paid and i should get a refund amounting 7k but they only refunded 3k.

    5. I have also discovered that for 3 years my employer has been paying the wrong amount of sss. i started with 15k salary but when i checked the sss they are paying is only within the salary bracket of 11k. Just this year they have fixed the problem. But how about the 3 lost years.

    6. we work 6 times a week 8 hours a day. our incentive leave is only 5 days the whole year. to avail of these 5 incentive leave it must be first approved by HR whether or not you can use it.

    7. not my concern, but my colleagues. If you are a piece rate worker are you entitled to 13th month pay

    Hope you could help me with this matter. So many employees complained about this before and those who have spoken were all terminated. I fear for my job.

    [Reply]

  149. ARLENE MONTALLA Comment:
    November 27th, 2012 at 11:52 am

    i was hired on dec 9, 2011, after a yr of service or on dec. 10, 2012 i can avail of the 10vl & 10sl as per co. policy. if i avail the 10vl on dec. 11-21, 2012, when will my next vl credit be given again? somebody please enlighten me. thanks so much.

    [Reply]

  150. Edgardo Aragon Comment:
    December 11th, 2012 at 03:05 pm

    It is stated that : “For example, if a company is giving its employees 15 days vacation leave, five days of which is with pay, the five-days paid vacation leave may be credited as SIL.” I work in a call center and I get the 5 days w/ pay…that is if you still have 5 days left. My concern is : I cannot go on leave (emergency). Our leaves are pre-plotted. If for some reason you need to go on leave on a day that is not plotted, you have to seek prior approval for that particular day. More often than not, it is denied due to staffing reason. My question is, is the SIL same as an emergency leave in the sense that I do not have to seek prior approval for take such leave?

    [Reply]

  151. hi jz want to ask abt holiday leave? dec. 25 is my rest day, but they say i can use my holiday leave then the following day (dec.26) will be my rest day. do i still get double pay if i use my holiday leave? what if i jz have my rd on the 25th, double pay pa rin po b or single pay? masasayang po b ang holiday leave ko? got confused.

    tnx

    [Reply]

  152. Hi!Sir our HR told us that if we going to avail SL even 1 day sick leave we need to get a medical certificate at the headoffice of healthcard that covers our company which is located at makati while I live in Paranaque. She demand a certificate even for a fever or toothache. And I also found out that this ruling of filing an SL is only applicable to selected employees not to all employees. Is there a violation for this filing and availing SL?

    [Reply]

  153. I was a regular employee in a call center company, They stated that I have 6 vl’s and 6 sl’s. When I resigned HR told me that it will be included in my last pay. When the time comes that I will get my lastpay, it is not included in the computation and suddenly they stated that it will not be included. Any help will do?

    [Reply]

  154. I am a teacher in a private school in las pinas city and we have a 5 days incentive leave and its convertible to cash but instead of giving us salary during vacations our employer will tell us that we cant use the sick leave if we are absent because we wont have any salary during vacation/summer coz they convert sil as our salary during summer. Is that ok? Is there any violation of the law in this matter? pls enlighten me thank you

    [Reply]

    Iñigo Reply:

    If they say you cannot use your sick leave on the day you were absent due to an illness and you were compensated on that day, and the 5 unused SIL will still be credited in your salary during summer that will be okay. (However, that should be put in writing).

    If that is not the case, unless, there’s a provision/clause in your contract that states that, the management has the right to impose that provision in the contract. If none, that will be a violation of your contract.

    [Reply]

  155. arlene montalla Comment:
    January 8th, 2013 at 09:46 am

    our contract of employment stated that upon regularization we are entitled to a 10 vacation leave and 10 sick leave, it is also stipulated in the company’s handbook. the company has began its operations in january 2011. recently we we’re informed by our corporate hr that starting jan2013 our sick leave and vacation leave will be 5days respectively. do we have the right to object? can we consider it diminution of benefits? please reply. thank you.

    [Reply]

    Iñigo Reply:

    Yes. If whatever written in the contract signed by both parties are no longer being followed you can file a case with DOLE.

    [Reply]

  156. ask lng how much po separation fee mkkuha k po my salary is 12000 and i worked last jan 2010 to present….tnks po…

    [Reply]

  157. Ask ko lang po my current private company offers 3VL & 3SL KAHIT umabot na ang isang employee ng 10 years. Is it ok lang po na ganun lang ang benefit na binibigay ng company?. Tapos my mga employee na already regular na but 2years course lang. Ang gusto ng company tatanggalin ang 3VL &3SL dahil 2 years course lang. Gusto ng company e-pursue ang 4 years para hindi matanggal ang benefit na 3VL & 3SL.

    [Reply]

  158. shane blaire Comment:
    January 29th, 2013 at 07:10 pm

    im a solo parent and i was sick for 2 weeks of soreyes, and then 2 weeks aqng ngkabulutong within a month..naubus lhat ng leave q…pwede q bng gamitin ang 7 days solo parent leave q?having this illness naubus lhat ng savings q sa gamot plus the fact n wla aqng susuwelduhin…pwede kya gamitin q yung solo parent leave q its 7 days din kc..
    tnx pls i need reply asap

    [Reply]

    Iñigo Reply:

    Section 8. Parental Leave. – In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year of REPUBLIC ACT NO. 8972

    However, read close the criteria for SOLO PARENT.

    Section 3. Definition of Terms. – Whenever used in this Act, the following terms shall mean as follows:

    (a) “Solo parent” – any individual who falls under any of the following categories:

    (1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

    (2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

    (3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

    (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

    (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

    (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

    (7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

    (8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

    (9) Any other person who solely provides parental care and support to a child or children;

    (10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

    A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

    You may be a “SOLO PARENT” however, if you don’t fit the criteria, you cannot use this.

    I strongly suggest that you also file sick benefits to SSS, if you still qualify.

    [Reply]

  159. Hi Sir,

    This is kinda out of the topic. My doctor advised me to undergo laparoscopy as soon as possible, actually it might lead to open surgery if not done while it is asymptomatic. I was advised before January ended.

    I asked for a second and third opinion to find out if there is a better alternative than laparoscopy. I’m always told that laparoscopy is the better solution, and to have it done ASAP because once there is inflammation of the gall bladder then I need to undergo open surgery which will have a longer recovery period. With this I discussed the procedure with the doctor and I had him tentatively schedule the procedure in mid-March.

    Back in January, when i told my manager about this she asked me if I could have it done in April instead. It was in a meeting together with my teammates and I did not give any answer. The first quarter is our budget season so we are really busy, but I still believe that I should prioritize my health.

    My question is, if they ask me again to move it to April, can I ask them to sign a claim form (not sure what it is called) that the company will be liable for any complications/burden resulting from the delay in the procedure? Like if I do end up undergoing open surgery, I would have to use a lot more number of leaves than if it was a laparoscopy.

    Appreciate your guidance on this.
    Thank you

    [Reply]

    Iñigo Reply:

    If you truly believe that you should prioritize your health, therefore, it is best not to postpone your surgery.

    Give them all the necessary medical documentary proofs as well as the written recommendation of your doctor.

    When an employee’s health is in jeopardy and complete medical documentation is provided by the employee the employer has no right to refuse to approve your leave.

    IF they insist/demand that you move your surgery at a later date, they will be liable for whatever medical complications you may have due to the delay of receiving proper medical attention.

    [Reply]

  160. Is an employee entitled for 5SIL only after a year? Isn’t this the minimum standard? What if it was stated in the contract that after 6 months of regularization, the employee is already entitled for sick/vacation leave?

    [Reply]

    Iñigo Reply:

    Therefore, whatever is written in your contract and signed by both parties MUST be followed.

    [Reply]

  161. Ann Marielle Silvia Comment:
    March 11th, 2013 at 07:38 pm

    I’m currently rendering at my current work. I still have one more leave to use. I have to use as a Bereavement Leave since my uncle died and I have and I want to attend his burial. The company didn’t let me. What should I do? I really need your help regarding this matter?

    [Reply]

    Iñigo Reply:

    There is no ruling for bereavement leave. It is the company’s discretion whether to allow you to use your VL as bereavement leave.

    If your company’s ruling that your VL cannot be used for another type of leave, therefore, that ruling stands.

    Bereavement leave benefit is solely a company’s initiative.

    [Reply]

  162. Emerson Sevilla Comment:
    March 13th, 2013 at 07:55 am

    Sir,

    May I ask if an employee who is on maternity leave at the time she was on her 4 month of employmenet, entitled to regularization when she gets back which is on the 6th month already?

    [Reply]

    admin Reply:

    Kung ikaw ay isang probationary employee, maari kang maging regular kapag ikaw ay nakapasa sa standards ng kumpanya. Iyan ang basihan ng regularization ng isang empleyado na under probation.

    Ang hindi lang maaring gawin ng kumpanya ang tanggalin ka ng dahil lamang sa iyong pagbubuntis. Bawal yan ng batas.

    [Reply]

  163. Please help us determine when the employee is entitled to receive the 5 SILs in the following situation:

    Juan dela Cruz was hired on Jan. 1, 2009 as a full-time employee. He resigned on March 31, 2009. Juan applied again and was re-hired on July 1, 2009.

    -When does he legally earn the 5 SILs? (What exact date?) Taking into consideration that there is a 3-month GAP in his employment record.

    -Can a company decide (is it legal) not to commute to cash the SILs of employees at the end of the year but instead carryover the SILs to the following year?

    [Reply]

    Iñigo Reply:

    Juan dela Cruz will be considered as a new employee after re-employment.

    – If the contract that Juan Dela Cruz signed with your company states that he can legally earn the 5 SILs after 12 months of service to your company, exact date will be the started actual work for the company.

    – Yes. Again, if its written in his contract that entitlement for SILs is after 1 year of employee that would be legal.

    [Reply]

    lea Reply:

    what exactly does “continuous or broken” mean? doesn’t the above situation fall under “broken?” juan dela cruz resigned then after 3 months he reapplied and was hired. is this considered “broken” service for purposes of counting the one year?

    [Reply]

  164. Sir,

    I was hired last July 2012 and promoted to be a regular employee last January 2013. I cannot avail the VL and SL with pay since my length of service did reach to 12 months yet. I was filing for a VL (w/out pay) since I need to process an important matters (I already bought a plane ticket for it). I make sure that my responsibility at that day won’t disrupt the operation. Does the company have the right to dis-approved my VL? Please advise. Thank you.

    [Reply]

    Iñigo Reply:

    Yes. It is company’s discretion whether to approve your leave or not (even w/out pay). This is also true even if you are entitled for leave benefits.

    [Reply]

  165. Hi sir! ask ko lang po. yung company namin kasi 5 SL alang binibigay sa amin with sa isang taon then wala kaming VL with pay.. sabi kasi nang accounting namin it’s depend daw sa employer kong magbigay sya ng VL with pay valid po ba sa labor code yung ganung policy.. mag 2 years na kasi ko sa company pinapasukan ko. thanks

    [Reply]

  166. i started working in aug 2011 in a call center that grants 15SL’s and 15VL’s. for the VL, max of 5 days is convertible to cash by April the following year if not consumed. this month im planning to file a resignation, and so far i’ve only consumed 1 VL. my other 3-day VL for april which were previously approved were cancelled and awarded to another employee because of higher performance ranking, and more OT’s rendered. is this legal? do i have the right to demand for paid leave? and upon resignation how many days will i have for the SLI considering it is just the first quarter of the year? all replies will be much appreciated. thank you…

    [Reply]

  167. Dear Sir,

    We are now in the year of 2013, thus House Bill No2533 not yet approved?Please advice.

    Thank You.

    [Reply]

  168. hi gud afternon po..ask lang po ako..

    meron ba akong makukuha sa dati kong kompanya kasi po nag.voluntary resignation po ako last december 2012..hindi po kami ngmonetize ng mga leaves every year..if meron po..saan po ba sa labor code makikita?

    thank you..

    [Reply]

  169. April 19,2013
    hi…
    i am employed last june 2012,and was under probation for 5 months… right now i am 10mnths employed in my company as a regular employee.
    they say i am not yet qualified for any paid leave. Is this true if it will be based on the labor code? When can i start to avail SIL?and if i dont use my SIL, when can i probably encash it?

    thanks….more power!!!

    [Reply]

    rain Reply:

    i mean 5 months probationary and 5months regular as of april 2013….

    [Reply]

  170. Jackie Lim Comment:
    April 19th, 2013 at 08:02 pm

    Good day. I just resigned from a call center in Makati where I have worked for 1 year and 6 mos. I have only used 2 or 3 VLs prior to my resignation because most of my requests were declined. I was allowed to use some of these for terminal leave and had 7 VL credits left. In the final computation, I was told that only 5 days will be included. Is it allowed in the labor code? Thank you.

    [Reply]

  171. Hi good day, I just resigned from my previous employer recently where I have worked for 2 years and 3 months, since I worked in HR my friend just told me the amount computed for my last pay, I was shocked because it was less than my salary that I was supposed to get from the month I left the company. Then when I asked what was the deduction, it was the leave with pay I filed during the month I am about to leave. SIL was paid and were now being deducted to my last pay, is it really the procedure? Thank you!

    [Reply]

  172. Hi!

    Ask ko lang po nasa batas po ba na dapat bayaran ng company pag nagfile ng bereavement leave? tnx

    [Reply]

    admin Reply:

    There’s no law on bereavement leave, so you need check your company policy. Many companies provide bereavement leaves to their employees. The law only provides a 5 days service incentive leave which you can use (assuming you are qualified – you have served more than one year in the company, and your leave is not yet used up.)

    [Reply]

  173. hello sir, ask ko lang po kung tama yung ginagawa ng supervisor ko..call center agent po ako and currently pregnant…may konting issue po sa pregnancy ko kaya naman kapag may kakaiba ako naramdaman diretso ako sa doctor ko..lately po nagiging madalas yung bed rest ko as reccomended by my OB..yung sup ko po inadvice ako na mag LOA po until I give birth para daw po makapag hire sila while nakaleave ako…kaso po yung LOA na to syempre unpaid po..sabi ko po sa sup ko na hanggat hindi po naadvice ng doctor ko magwowork pa din po ako..kaso iniinsist parang iniinsist nya po yung gusto nya..ok lang po ba yun?kasi feeling ko po may nilalabag sya sa labor code..appreciate ko po yung response nyo..thank you

    [Reply]

  174. hello, ask ko lang po tama po ba na sa company namen e need muna pumasok ng 1 month before to get a leave na 1.25 days.
    example:
    in january 2013, wala pa po ko leave nun, sa february 2013 pa daw ma-earn un 1.25 days leave. meaning hnd p po ko pwde magleave ng january 2013 sa february 2013 pa.

    i am working with this company for almost 6 years as part time employee. we have to earn or pumasok muna in a month to earn leaves and hnd pa sya covertible sa cash accumulate lang sya sa next year kung hnd nagamet.

    please reply. bit confused here.

    thanks everyone.

    [Reply]

  175. every cut off po nag kakaroon kame ng 1.5 hours sick leave credits. ask ko lang po pag ndi po namen nagamit ang SL credits namen nag eexpire po it after 1 year. legal po ba un?

    [Reply]

  176. michelle d Comment:
    June 3rd, 2013 at 04:13 pm

    ….pls H E L P….
    …………..ginamit ku po ang leave ku sa Company 6 days VL and 2 Days SL.. peru di po inaprobrahan ng manager namin, nag file ksi aku a day before aku nag leave, mga 5PM..the issue here is hindi daw aku nag paalam ng personal.. is that qualified na hindi daw aku nag paalam ng personal kaya nya hindi pipirmahan???????? what republic Act should i look for this., ang masama pa dito, binigyan pa aku ng MEMO.. holy Shiit….

    H E L P …..

    [Reply]

  177. michelle d Comment:
    June 3rd, 2013 at 04:15 pm

    H E L P P O…………..

    [Reply]

  178. ask ko lng po if we have a law in regards to salary adjustment without notice?…yesterday I was surprised seeing my salary with an adjustment of more than 5k…I called the attention of my supervisor regarding this…and was given the impression that it was my fault why it was deducted,I showed him my payslips and found out that i was overpaid on my may 10,2013 payout which I’m not aware of. Before that payout we were given a letter stating our appraisal..included in the appraisal is our 12k monthly incentive bonus per month…so I assumed that time that it was my bonus which was backdated since january till may which is amounting to 5k…My supervisor was blaming not to report it immediately to him regarding that,I told him I havent realized it not until yesterday. If I was overpaid they should’ve at least gave me a notice for what happened and should’ve informed me before deducting it. Is that legal?

    [Reply]

    admin Reply:

    It is unlawful to withhold or deduct any amount from employee’s wages without his/her consent.

    [Reply]

  179. thank you for your urgent reply..i do appreciate that.what will you suggest are the procedures i should do to file complaint? can you tell me what part of the labor law states its unlawful? I would like to file complaint directly to our hr..im not sure what are the right procedures

    [Reply]

  180. Sir,

    For commision basis employees e.g drivers (like the case you posted http://sc.judiciary.gov.ph/jurisprudence/2005/may2005/156367.htm), how did they compute the SIL amount? Based on what?

    [Reply]

    Blue Reply:

    And also the 13th month pay, I thought the rules says purely commision basis employees are not entitled to 13th month pay.

    [Reply]

  181. kuya may sumagot po ba sayo sa tanung niyo dun sa kelangan at least 1 year ang service bago makaavail ng paternity leave?

    [Reply]

  182. Hi, I’m currently a BPO employee. We do office work at night and we don’t go on leaves on holidays. Instead we are given Compensatory Time Offs(CTOs) which we can avail within 90 days. We are also given 15Leaves and 15SLs we can use through the year.

    The thing is the management prohibits us to be on any kind of leave(VL, SL and CTO). Every last 2 weeks of all months.

    Only one person is allowed to be on leave for the first 2 weeks of the month may it be a Vacation leave, Sick leave, Leave of absence, CTO and any kind of leave.

    In a team of 12, if there are people on vacation leave for lets say DAY 1 then if another person gets sick the one on VL should go to work.

    Then I understand that I should give due notice for a leave at least 2 weeks prior to the said date. Given that I have filed my leave 2months advance and the management wouldn’t like to approve it because it is set on the last 2 weeks of the month. Is it legal that they disapprove it? Even if I am the only one on leave for the said dates?

    Is the management’s prohibition for leaves on the last 2 weeks of every month even legal?

    [Reply]

    ??b Reply:

    same here…working in a bpo or call center…kailangan mag-advice in advance sa team leader or management kung kailan ung desired date for leave (ok lang naman un)…

    ang kaso, 1 day/max of 5 or 6 employees lang ang allowed within same account, regardless kung kaninong team kami…e ilan kami sa isang acct, around 100 so pag naunahan na or puno na ung desired date for leave, di na aaprubahan…

    ang masaklap pa…dahil outbound ung acct at may kota/target for a day….PAG NAG-FILE NG SICK LEAVE, may kota/target pa rin….nagkasakit na nga, may target pa rin?!

    [Reply]

  183. our company provides 3days VL and 1.64days SL every quarter of the year. Is that legal?

    [Reply]

  184. Hi Sir,

    Been in BPO for 7yrs enjoying the benefits of 15sl 15vl cnvertible to cash for all unused leaves. Last 13Aug13 our company announced that sl – vl will be lessen to 10 days each and sl will remain convertible while vl needs to be used. Question, is there a prohibition or law stating that what ever benefits given cannot be taken / change by mngment? To lessen the days I believe its illegal, am I right?
    Need your advise Sir.

    Thanks!

    [Reply]

  185. Carol Manlunas Comment:
    August 23rd, 2013 at 08:58 am

    i’ve been in this company for 20 years. since then we are being given 15 days vacation leave and 15 days sick leave for a year. if we have unused sick leave it will be converted to cash at the end of the year. unused VL is not convertible to cash.

    now they’re saying that they are going to change it TO FOLLOW what’s in the labor law. we will still be given 15 days of VL and 15 days of SL. but at the end of the year the unused 10 days of VL will be the one convertible to cash and not the unused sick leave.

    for me it is more favorable to the employees of converting unused sick leave.

    do the employees have a say on this?

    thank you!

    [Reply]

  186. Hi. tatanung ko lng po what if contractual employees, then 4 years ng contractual. ma’aavail po ba yung VL/SL with pay?

    [Reply]

  187. Rea Rodriguez Comment:
    September 18th, 2013 at 02:23 pm

    Hi. Ask lang po if entitled kami for SIL kasi po wala kami contract sa employer namin. Mag 3 years na po kami.

    [Reply]

  188. i am a permanent employee of a private company, we are given 20 vacation leave and 15 sick leave. at the end of the year, unused vacation leave is 3 days and sickleave of 15 days. is the whole 18 days paid unused leaves taxable?

    [Reply]

  189. hi! i’m a confused employee of a private company, we are given a vacation leave and sick leave , pero staggered basis , meaning kailangan munang tumapos ka ng isang buwan bago ka mag karoon ng isang sl at vl! so kung magkasakit ka ng limang araw yung apat na araw walang bayad dahil hindi mu pa natatapos ang mga sumusunud na buwan na pasok! weird di ba?

    [Reply]

  190. I am about to resign and I still have a lot of VL/SL credits which I am not planning to encash. Gusto kong malaman kung may right ba ang company na pigilan akong mag terminal leave?

    [Reply]

  191. Hi Im employed for 7 years in a company of 11 employees only..
    covered ba kami sa sickleave? Hindi ko pa na gagamit ‘tong sick leave even nung i give birth with my two sons. can I ask my employer to convert it to cash na lang?

    [Reply]

  192. Good Day! Ang company namin is Outsourcing ang business. Bale ang client namin is TELCO. Meron kami mga 60 resources na naka deployed dun sa TELCO company. Ask ko lang sana, ano ba ang tawag sa mga resources namin na naka deployed sa TELCO? Contractual, Project Based or what? Also, ask ko na rin, entitled ba sila sa 5 days Service Incentive Leave? Thanks and God Bless.
    [Reply]

    [Reply]

  193. Great blog! It’s very helpful for both employees and employers.

    We offer 10 SL and 10VL to our regular employees. My employee overused her SL (11SL) while she still has 9 VL left. Can I deduct the excess SL from VL? Or should the excess 1 SL be considered as absence without pay?

    We don’t have any company policies yet if these things happen. We have a basic rule of 10 SL and 10 VL (with at least 1 week notice for VL).

    Thank you!

    [Reply]

    admin Reply:

    I think the issue is better left to the management. But if you are to draft your often policy on this, you may want to consider SSS policies on availing of sickness benefit. Note that SSS requires that the employee must have consumed all his/her sick leave before he/she can avail of the sickness benefit. What I am saying is, overlapping employees sickness and vacation leave, one way or another, may have certain consequences.
    These are just my opinion though, it would be best, as always, to consult your lawyer on this.

    [Reply]

    ced Reply:

    I guess I have to agree with admin reply since you don’t have a “written” company policy as you say. A basic rule doesn’t hold ground in any court of law unless it’s stipulated in a policy. Your question regarding deduction of SL from VL would be moot and academically irrelevant as SL is different from VL.

    [Reply]

  194. Hi po,

    Sana mabigyan linaw lang po yung mga questions sa isip ko, please po,. nag work po ako sa isang korean partnership company then after 1 year and 1 month po nag decide po yung partnership to split po, then yung isa sa mga boss ko po inabsorb po ako nung nag tayo po siya ng new company, (meaning po almost 2 years na po ako ng wowork sa boss ko na to even mg kaiba ng company name) kapag po nag aabsent ako kinakaltasan po ako sa sahod ko, for almost 2 years ganto po. may karapatan po ba ako for leave with pay and sick leave with pay even without any contract or regularization??

    HOPING FOR PROMPT RESPONSE.
    GOD BLESS PO and SALAMAT PO.
    PLEASE HELP ME to clear this po,.

    [Reply]

    admin Reply:

    Yes, every employee who has rendered at least one year of service is entitled to yearly service incentive leave of five days with pay (unless you fall under the exceptions enumerated above). Employment contract is not required.

    [Reply]

  195. Before the implementation of the CWW scheme in our company we enjoy 15 days VL and 15 days SL. After implementing the CWW scheme the company converted these to 120 hours VL and 120 hours SL. Is this conversion from days to hours has legal basis?

    [Reply]

  196. In my understanding the CWW scheme states that you only have to work only 48 hours per week and if you work more than 48 hours it will be considered O.T., right?

    Our company, use this formula in implementing the CWW…48hrs X 52 weeks in a year.Is this correct?
    When you say 48hrs per week in a Compressed Work Week you don’t multiply it in weeks in a year because this will result in working more that 48 hrs per week, am I correct? This is whats happening right now in our company. Could you shed light on this,I want to know if our company has legal basis. Thank you.

    [Reply]

  197. Lorilli Diares Comment:
    November 20th, 2013 at 08:44 am

    Hi, I was hired by private company last April 2006. I enjoyed benefits of 15 days sick leave and 15 dauys vacation leave. I resigned this year Sept 5, 2013. They pay only those unused Vacation leave and Sick leave for 2012. they did not pay any accrued SL and VL for 2013. Am I qualified for the accrued Sick Leave and Vacation leave?

    [Reply]

    Lorilli Diares Reply:

    Hello ulit.. I just want to elaborate my case. I consumed 3 Sick leave and 3 vacation leave last 2007. According to my employer ganun lang kaunti because I was regularized end of 2006. After 2007, which is 2008 I have 16 sick leave and 16 vacation leave every year. (Sorry hindi pala 15 days.) I’m just confused kasi kapag nalipat kami ng company name, same pa rin naman mga bosses and employer namin namin, binabayaran kami ng accrued SICK LEAVE AND Vacation leave. based dun sa computation sa terminal pay. Though ang length of service continue pa rin naman.. Kaya lang iba ang approach kapag resignation tama ba yun? alang accrued na binabayaran. thank you so much!

    [Reply]

  198. Human Resources Comment:
    November 26th, 2013 at 11:46 am

    Dear Helpdesk,

    Are SL, VL and EL can only be accumulated/must be used until the last day of the year ONLY? (for regular employees who rendered at least (1) year in service?

    Thank you!

    [Reply]

  199. mark macorol Comment:
    December 6th, 2013 at 02:59 pm

    July 2013 po ako naregular sa company na pinapasukan ko…. Ilang vacation at sick leave dapat ang makuha ko? sabi kasi ng hr half lang kasi half year na ng maregular ako. Tama po ba un?

    [Reply]

    Jonathan Leal Reply:

    sir tanong ko lang .. nag iba ba ang salary mo noong na regular ka?

    [Reply]

  200. Please clarify…Our company was giving previously VL with pay of 15 days to those who served 1-10 years, 21 days to those who served 11-15 years and 30 days VL for those who served above 15 years. This is aside from another benefit of 15 days Sick Leave.These are not convertible to cash if not taken nor can it be accumulated.Lately, those employees employed after 2011 would only receive the 5 days SIL as required. Is this a violation while those before still receive the previous benefits. Is this a violation? Under what section or rule would it apply? I hope to get a clear cut reply. Salamat po at nakita ko itong thread.

    [Reply]

  201. Wyna Mendoza Comment:
    December 17th, 2013 at 05:31 pm

    Hi Good Afternoon.

    I just want to ask if panu po, if i am availing the solo parent benefit of parental leave – 7-days in our company. Per conversation with my boss, since i am her only employee in the company, she has a prerogative to subtract no of SIL or service incentive that she can give to me. Before po kasi, 8 SL and 8 VL ang binibigay sa kin, but now, i requested to grant my 7days parental leave, she will just give me a total of 9 leaves plus the 7days instead before 16 leaves (both Sick & Vacation leave) po. is it really proper po ba yung ginawa ng company? Or dapat on top ko talaga ma avail yung parental leave? please help and enlighten me po.Thanks

    [Reply]

  202. Jonathan Leal Comment:
    December 19th, 2013 at 04:56 pm

    im in a catholic institution .. naging regular employee na ako wla paring adjustment sa aking sahod noong probationary palang ako. may habol ba ako para mabago ito?

    [Reply]

  203. Hi! im working in a BPO company for 2yrs. our alloted VL and SL for one year is 12 each (12VL & 12 SL).SL is convertible to cash but not the VLs.but what if we were nto allowed to take VL during the holiday because they say that there is huge number of agents whose on leave and they only allowed 2agents/day.

    They promised that available VL for 2013 will be valid until march 2014 so we can still used it.but now,They imply that remaining VL is aside from subject for approval we need to meet the compliance which we believe is very unfair,as most of the people here said. SIL ARE NOT PRVILEDGE INSTEAD ITS OUR RIGHT.
    why to they need to give us pain in our back in getting our VL.
    can we file complaint against this?

    [Reply]

  204. in a bpo setting.. what will happen if the plotted leave falls on a holiday? will i be getting a computation same with an employee who works on a holiday? or the leave credits will not be automatically used? thanks

    [Reply]

  205. hi po, sana ay mabigyang pansin nyo po ang aking katanungan, ang father ko po ay 27 years na sa knyang trabaho, ngunit ang ipinagtataka ko lng po, ay hanggang ngayon ang sahod po nya ay nkabase lng sa minimum, tama po ba un?, nagpalit din po ng pngalan nuon ang kumpanya nila, ngunit klhati lng po ang ibinigay na seperation fee sa father ko, ngayong taon po ay magpapalit po ulit, paano nlng po ang kalahati pang hindi naibigay nuon sa kanya, my pag-asa po bang mkuha nya pa un?, dhil ang sabi po nila ang babayaran lmang daw nila ay ung taon kung kelan huling pnalitan ang pngalan ng kumpanya, ang iniicp ko po ay bka mbaliwala lamang ang kalahating ndi nabigay sa kanya nuon, sa ngayon ako rin po ay nagttrabaho sa kumpanyang ito, sa march 2 ay mag-iisang taon na po aq, pero hanggang ngayon ay, 310 prin po ang sahod q, anu po bang dpat qng gawin, naaawa na po ako sa father ko, plss help us hanggang ngayon po ay wla pdin po syang naippundar na sariling bahay, ayoko nman po na tumanda sya na hindi mkaranas ng kaginhawaan

    [Reply]

  206. Hi,

    Good Day! I submitted my resignation letter on January 6, 2014. My last day of employment will be March 19, 2014. I have a total of 30 days (SL/VL). My Manager advised me to apply 20 days Terminal Leave so that it will be converted to money straightforwardly because my employer will only pay 10 days (SL/VL), as per our Unused SL/VL “rule”. Unfortunately filing Terminal Leave is subject for approval and it has to be made 14 days prior. My requested Terminal Leave starts January 21, 2014 ’til February 17, 2014 (excluded rest day). If it’s approved Ill be back on February 18, 2014 to start serving until my last day March 19, 2014.

    My question is what if my employer rejected my request and my last day is on March 19, 2014? What will happen to my 20 days SL/VL benefit that I earned for 12 months? My Manager told me its subject for approval because our call center company is receiving large volume of calls, meaning they need people take in calls. As far as I know the essence of 1-month resignation notice is for them to have more time finding a replacement. My manager answered me if it’s rejected then from your 30 days (SL/VL) the 20 days will be forfeited and the remaining 10 days will be counted to your back pay. For me that stand so injustice and I find it threat and I don’t see any judicious reason for them to reject or ignore my privilege to use my SL/VL.

    [Reply]

  207. good day Sir! I’m a single parent and our company gives us 15 dys.VL & 15 dys. SL,but the practice in our company you can use all this 30 days leave whether it is VL or SL.My question is, is the SOLO parent Act of Parental leave for 7 days can also be add on top of the 30 days leave benefit given by our office? It says on this Solo Parent Act that this leave is “In addition to leave privileges under existing laws“. What does the existing laws mean,is it the mandatory 5 SIL of Labor Code or, is it the laws of the company? by the way our company has no rules or policy,they just says that after we earn one(1)year of service,we can enjoy our 30 days leave benefit. Please help and clarify this matter.Thanks and more power.

    [Reply]

  208. Good Afternoon.

    Need advise re renewal of SL VL.. The practice here in our company, leave is renewed based on the date of employment. Not on January. I am bit confused to the word “Yearly”. Does it mean all employees are going to receive/renew leave every January of the year. or it depends on the existing practice of the company? example:
    I was hired last February 2012. Have VL and SL on February 2013. and availed all the Leave by november. Am i entitled for the leave as soon as January 01? or have to wait for February?

    [Reply]

  209. Hi Sir
    GOoday sir, magtatanomg po aq kasi hindi q talaga maintindihan yung pagbigay sa amin ng incentive leave with pay. .Ganito yun sir nagstart ako ng work oct.3 2011 pagdating ng isang taon koh hndi ako binigyan ng payment sa incentive koh pagdating sa end of the year at ito pa sir nakatanggap na ako nong nag 2 years na ako at ang natanggap koh ay 710 lang. kasi daw march na na na aprovahan at ito pa sir tinanong ko bakit ito lang alam ku nman kung ilan yong incentve kasi hndi q yan gnagamet para pagdating ng end of the year full q makuha yan at sabi nila na nagleave daw aq nang 3 months kaya 710 nalang natanggap ko kasi per hour yong pakwenta sa incentive daw namin . sinabi koh kay sir bakit ganoon sir hndi nman dapat per our in daily works ang pagkukwenta niyan sir dahil pag nag absent kami kahit hindi namin ginagamet makukunan to at saka wala yan sa labor code, at sabi nla bago daw na patakaran sa company na tinatrahahuan ko at sa agency ko. ganoon ba talaga yun sir ,saka pagdatng ng 2 year pa ako nakatanggap ng incetive. hndi lang kaming lahat ng batch ko’

    [Reply]

  210. Hello Sir, need your advice, I am working under agency starting December 2012 up to present. I signed my 1st contract on Feb. 2013 to July 2013, renewal contract on Aug to Dec. at the same year, that marks the anniversary date of my service under my agency. Last January 2014 I signed another contract that will last for two years until the contract of my agency and the Company Client expired. Until now, we (me and my co employee) are not entitled for the 5 day SIL. According to the Agency Management, the last contract should be follow prior for us to avail our SIL. need your response.

    [Reply]

  211. Gabriele Kerner Comment:
    April 16th, 2014 at 12:18 pm

    may i ask, why is a daily wage earner is not entitle for 15 days sick / vacation leave. Only the 5 days incentive leave.

    [Reply]

    admin Reply:

    Yung 5 days service incentive lang po kasi ang nakasaad sa batas. Kung hindi ako nagkakamali, may proposed bill na dati sa senate tungkol sa pagpapalawig ng sick/vacation leave. Kaya lang, hindi pa ito naisasa-batas hanggang ngayon.

    [Reply]

  212. Susan Imson Comment:
    May 1st, 2014 at 04:47 pm

    Ask ko po 18 years na po ako sa trabaho sa isang private company.ang aming vl ay 15 days at 15 days sl.ngaun po binabago ng adm.ang mga dating policy.pati sa grace period na 10 minutes gustong alisin.ma-late ka lng ng 1 min. or 5 mins.considered daw pong 30 mins.ang idededuct sa sahod namin.about sa vl gusto ng gawin 5 days vl at 2 days na lngdaw po ang sick leave. Ano po ang pwedenaming gawin.

    [Reply]

  213. maricel osorio Comment:
    July 2nd, 2014 at 11:54 am

    ask ko lang po if yung solo parent leave is automatic 7 days regardless when ka naka-produce ng ID to avail of it? I recently presented it to my HR and they only credited 3.5 days stating that it is already half the year and they base it on the validity of my issued ID which is given this June 2014. Salamat po.

    [Reply]

  214. hennries dan Comment:
    July 15th, 2014 at 07:14 pm

    Can I file my vacation leave one week before my absence? any time of the year??

    [Reply]

  215. halo po…Our company impose a new rules that if we have 3 late is equivalent to one day salary tapos doon po nila ikakalatas sa S.L B.L namin. it’s o.k lang po ba yun? im not sure po kasi if SLBL is a right of an employee or just a privileged.?
    salamat po. Godbless sa lahat.

    [Reply]

  216. Edna Eucogco Comment:
    August 27th, 2014 at 04:37 pm

    Hello,

    Please give me idea what to do. I was employed part time teacher almost in 5 years of working in a college,,,a short period only became probationary employee.

    I was not hired last June without notice. Not in any way. What should I do? I was, as I said employed there for 5 years from June 2009 to march 2014.

    Please give m an advice what action to take.

    Thank you very much.

    Edna Eucogco

    [Reply]

  217. I have a question po regarding Leave policy? I recently joined a company and per contract it was stated that:

    “Your are entitled of 14 days Annual Leave for the 1st and 2nd year (pro-rated within this calendar year). One will be added to the full 3rd year and subsequent years of service up to the maximum of twenty one days.”

    I have planned a leave on october (not yet regularized) and I want to apply my leave. However, I was told that leaves will be only available after regularization.

    I was on the assumption that the leaves will be given upon joining since it was not explicitly mentioned in the contract that it will be available for use .

    Can you please shed some on this matter?

    Thank you so much in advance.

    Sincerely,
    Exequiel

    [Reply]

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