What are an employee's rights to leave credits under Philippine law?
In the Philippines, employees are entitled to various forms of leave credits under different labor laws and regulations. These leave credits ensure that workers have the opportunity to rest, attend to personal matters, and recover from illness without fear of losing their job or income. Understanding these rights is crucial for both employees and employers to maintain fair labor practices.
Service Incentive Leave
Under Article 95 of the Labor Code of the Philippines, employees who have rendered at least one year of service are entitled to a service incentive leave of five days with pay. This leave can be used for vacation or personal reasons. However, employees who are already enjoying a vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees are exempted from this provision.
Maternity Leave
The Republic Act No. 11210, also known as the Expanded Maternity Leave Law, grants 105 days of paid maternity leave to female employees in both the public and private sectors. An additional 15 days of paid leave is available to solo mothers. This law applies regardless of the nature of the employment contract, ensuring that all female workers can benefit from it.
Paternity Leave
Under Republic Act No. 8187, or the Paternity Leave Act of 1996, married male employees are entitled to seven days of paternity leave for the first four deliveries of their legitimate spouse. This leave aims to enable fathers to support and assist their spouses during and after childbirth.
Parental Leave for Solo Parents
The Solo Parents' Welfare Act (Republic Act No. 8972) provides that solo parents are entitled to seven working days of parental leave per year. This leave can be used to attend to the needs of their children and is in addition to other leave entitlements.
Special Leave for Women
The Magna Carta of Women (Republic Act No. 9710) grants two months of special leave with full pay to female employees who have undergone surgery due to gynecological disorders. This leave is provided after continuous employment of at least six months and is non-cumulative.
Leave for Victims of Violence Against Women and Their Children
Under Republic Act No. 9262, victims of violence against women and their children are entitled to a paid leave of up to ten days. This leave is extendable when the necessity arises, as specified in the protection order issued by the authorities.
Sick Leave and Vacation Leave
While not mandated by law, sick leave and vacation leave are commonly provided by employers as part of their company policy or through collective bargaining agreements. These leaves allow employees to take time off for health reasons or personal matters, beyond the minimum requirements set by law.
Procedure for Availing Leave Credits
Employees must follow company procedures for availing of their leave credits, which typically involve submitting a leave application in advance, except in emergency situations. Employers are required to keep records of leave credits and ensure that employees are informed of their entitlements.
Non-payment and Grievance Mechanisms
In cases where employees do not receive their entitled leave credits, they may file a complaint with the Department of Labor and Employment (DOLE). The DOLE facilitates the resolution of labor disputes through mediation, conciliation, or arbitration to ensure compliance with labor laws.
By understanding these rights, employees can better navigate their entitlements, while employers can ensure they uphold fair labor practices in compliance with Philippine laws.