Does your company have employees working in the Philippines? If so, read on to learn about the relevant laws you should know about in regards to vacation leave, sick leave, maternity and paternity leave, bereavement leave, and more in the Philippines.
There are three categories of public holidays observed in the Philippines: regular public holidays, special non-working holidays, and special working holidays.
|1st January:||New Year’s Day|
|9th April:||Day of Valor|
|April 14th:||Maundy Thursday|
|April 15th:||Good Friday|
|May 1st:||Labor Day|
|June 12th:||Independence Day|
|August 29th:||National Heroes’ Day|
|November 30th:||Bonifacio Day|
|December 25th:||Christmas Day|
|December 30th:||Rizal Day|
|February 1st:||Chinese Lunar New Year|
|February 25th:||EDSA People Power Revolution Anniversary|
|April 16th:||Black Saturday|
|May 9th:||Election Day|
|August 21st:||Ninoy Aquino Day|
|November 1st:||All Saints’ Day|
|December 8th:||Feast of the Immaculate Conception of Mary|
|November 2nd:||All Souls’ Day|
|December 24th:||Christmas Eve|
|December 31st:||New Year’s Eve|
For regular public holidays, workers must be paid their regular daily wage (in addition to having that day off). If they’re required to work on that day, they must be paid twice their regular daily rate.
Special non-working holidays grant the worker one and one third their regular wage, if they work this day.
Special working holidays do not grant any increase in pay, should someone work on one of these days.
After completing one year of service with a company, each employee is entitled to 5 days’ “service incentive leave” (SIL), which allows the employee to take leave with pay.
This is effectively the minimum requirement for paid annual leave in the Philippines. The Labor Code stipulates that the provision for service incentive leave will not apply to employees who are given at least five paid vacation days per year.
The SIL provision also does not apply to companies that regularly employ less than 10 employees.
Service incentive leave replenishes at the start of each year. Unused SIL must be paid out in cash at the end of the year, or upon termination of employment.
As to how regular vacation days accrue, whether they carry over at the end of the year, and how these days can be paid out, there is nothing in the law that stipulates what companies must do (outside of SIL provisions). This is up to each employee’s individual employment contract.
There is no legal requirement for sick leave in the Philippines. The entitlement to service incentive leave of 5 or more days can cover sick leave, vacation, or other personal reasons.
Companies may choose to offer paid sick leave on their own terms, to be stipulated by the employment contract. But there is no requirement by law to do so.
However, if an employee has paid into the social security system (SSS) for at least 3 months over a 12 month period, they may be entitled for medical pay if they are confined to a hospital for 3 days or more. This is paid by their employer, who can claim reimbursement from the government.
Female employees, if they have paid at least 3 months into the SSS in the last 12 months, are entitled to:
The benefits entitle the mother to 100% of their average daily salary credit (based on a scale by the SSS, a maximum of PHP15,000 per month). This is to be paid by the employer, who can claim it back from the SSS.
Married fathers are entitled to seven days’ paid paternity leave for their first four children. The father must be the legitimate spouse of the mother, and they must be cohabiting (living together).
Paternity leave is paid the same way as maternity leave – the employer pays the employee, and then gets reimbursed by the SSS.
Some solo parents may be eligible for up to seven days of paid parental leave, assuming they meet certain requirements for being single/unmarried.
Employees in the public and private sectors in the Philippines are entitled to three days’ bereavement leave, in the case of the death of an immediate family member.
Employees in the Philippines are allowed paid leave to vote in the country’s general election.
Women who are victims of certain violent acts are entitled to up to 10 days’ paid leave, to take care of medical and legal concerns.
It will be the woman’s option whether or not to take the leave. If not, it can’t be converted to cash, and is not cumulative. The leave period can be extended, should the need arise, if specified by the proper legal entity.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.