Can a probationary employee in the Philippines take a leave of absence due to the death of a family member?
In the Philippines, employment laws ensure that workers' rights are protected, including those of probationary employees. A probationary employee is one who is undergoing a trial period before becoming a regular employee. During this period, they are entitled to certain benefits and protections under the law.
Legal Basis for Leave of Absence
Under the Philippine Labor Code, specifically Article 297, probationary employees are entitled to the same benefits as regular employees, unless specified otherwise. This includes the right to take leaves of absence.
Bereavement Leave
While the Labor Code does not explicitly provide for bereavement leave, many companies include this type of leave in their employee handbook or company policies. Bereavement leave allows employees to take time off to grieve and make arrangements following the death of a family member.
Leave Under Special Circumstances
Employees, including those on probation, may also use their available leave credits, such as vacation leave or sick leave, to cover their absence due to the death of a family member. If the company's policy includes bereavement leave, the employee can avail of this leave without affecting their other leave credits.
Parental Bereavement Leave
For more specific cases such as the death of a parent, an employee can request parental bereavement leave if it is provided by the company. This type of leave is becoming increasingly recognized as important for employees to deal with their loss.
Application Process
The employee should follow the company’s procedure for applying for a leave of absence. This typically involves submitting a leave request form and providing necessary documentation, such as a death certificate, to substantiate the need for leave.
Employer's Discretion
It is also important to note that the grant of leave for bereavement purposes is often at the discretion of the employer, unless mandated by company policy or a collective bargaining agreement. Employers are generally understanding of such situations, but it is best to communicate clearly and promptly with the employer about the circumstances.
Conclusion
In summary, while the Philippine Labor Code does not explicitly state bereavement leave for probationary employees, they are entitled to use their leave credits or any specific bereavement leave provided by the company. It is essential for employees to understand their company’s leave policies and follow the proper procedures to ensure their rights are respected. Employers are encouraged to support their employees during such difficult times by providing adequate leave provisions.