The Types of Leaves Employees Can Avail

November 26, 2018 | Jantzein Malaya

Employees of either a private or government company are provided a number of benefits. One of which is the leaves from work he/she can get. These leaves can be used during emergencies wherein the employee would not be able to come to work, or even just to have a few days off to rest and relax. These days on leave will still be compensated, even with the employee’s absence. However, one must remember that these leave benefits still depend heavily on the company’s policies. Also, leave benefits are usually only granted to employees who are past regularization.

By law, employees are only entitled to five (5) days of Service Incentive Leave (SIL). Other mandated leaves include Maternity Leave, Paternity Leave, Solo Parents’ Leave, and special cases such as Leaves under RA 9262 and Leaves Under 9170. Employers are allowed to add to these leaves if they choose to do so, but are not allowed not to provide the leaves mentioned above to all employees who are qualified to avail them.

To have further understanding of the types of leaves every employee can enjoy, read the list below.

Service Incentive Leave

For this type of leave, an employee can enjoy five (5) days of paid leave. This will be available, however, after the employee has rendered at least one (1) year of service to the company.

Maternity Leave

For all female employees of a company, they will be entitled to a maternity leave upon pregnancy. The Social Security System (SSS) will pay for a pregnant employee’s maternity benefit daily that will be equivalent to her full average salary. The employee will enjoy this benefit provided that she has paid at least three (3) monthly contributions to the Social Security System (SSS) in the twelve (12)-month period immediately preceding the semester of her childbirth or miscarriage.

The employee can choose when to start her maternity leave, and can enjoy up to sixty (60) days of paid leave for normal delivery and up to seventy-eight (78) days for caesarean delivery. This benefit will apply to all pregnant employees, whether married or unmarried. However, the employee can only get this benefit for her first four (4) deliveries and miscarriages.

Paternity Leave

Married male employees can enjoy paid paternity leave of up to seven (7) working days. The employee can use this benefit before, during or after his legitimate spouse’s delivery. However, it is only available for the first four (4) deliveries of his spouse, and can only be availed not later than 60 days after the date of delivery.

Solo Parents’ Leave

The law provides seven (7) working days of leave for employees who fall under the definition of solo parents. Provided that the employee has been with the company for at least one (1) year and has secured a Solo Prent Identification Card to his/her employer, the employee can enjoy this benefit to attend to his/her parental duties.

Leaves Under Republic Act 9262

The R.A. 9262 or The Anti-Violence Against Women and Their Children Act of 2004 provides protective measures and remedies for the female victims of domestic abuse, be it physical, sexual, psychological, and/or economic. This also covers providing up to ten (10) days of paid leave from work. The employee is required to submit a certification to her employer signed either by the punong barangay or kagawad of her barangay. The leave can be extended as well, depending on the details and specifications of the protection order. This leave will also cover the medical and legal concerns of the victim. It is not, however convertible to cash or cumulative.

Leaves Under Republic Act 9710

The Magna Carta for Women provides female employees with up to two (2) months of paid leave for those who underwent surgery because of gynecological disorders.  This can only be availed however, if the employee has rendered her service to the company for at least six months in the last twelve months.

Other leaves from work such as emergency leaves, sick leaves, and vacation leaves all depend on whether the company will provide it to its employees. Some companies also offer leaves that are an accumulation of the employee’s overtime.

Employers usually require their employees to file their leaves at least two weeks before their desired date to start the leave. This will help in managing and taking necessary actions so as to not jeopardize the productivity in the workplace.

To know the types of leaves employees are entitled to can help in getting an increase in the productivity of the employees in the workplace. The employees would not feel cooped up and weary in the office and will have a more relaxed mood that can affect his/her colleagues and his/her work. This will indeed be desirable for the employee, you as the employer, and the company.

Sources:

https://www.esquiremag.ph/culture/lifestyle/here-s-how-many-leaves-you-re-entitled-to-by-law-a00225-20180102

http://pinoyworkers.weebly.com/leaves.html

https://www.pcw.gov.ph/law/republic-act-9710

http://www.accralaw.com/publications/constitutionality-anti-violence-against-women-and-their-children-act-2004