I. Overview

In the Philippine employment setting, the phrase “no work, no pay” is often used to describe a period when an employee does not render work and therefore does not earn wages for that period. This may occur during absences, company shutdowns, work suspensions, temporary closures, off-season periods, or certain holidays and calamity-related interruptions.

A common question is whether an employee may use paid leave during such a period so that the absence, instead of being unpaid, is charged against available leave credits.

The answer is: generally, yes, if the employee has earned paid leave credits and the leave is allowed under law, company policy, employment contract, collective bargaining agreement, or employer practice. However, the right to use paid leave during a no work, no pay period depends on the nature of the leave, the reason for the work stoppage, and the rules governing the workplace.

No work, no pay does not automatically mean that paid leave is prohibited. It only means that, absent a legal basis or paid leave benefit, the employer is not required to pay wages for time not worked.

II. Meaning of “No Work, No Pay”

The no work, no pay principle means that wages are generally paid in exchange for work actually performed. If an employee does not work, the employee is not entitled to wages, unless there is a law, agreement, policy, or benefit that provides otherwise.

This principle commonly applies to:

Ordinary absences without pay;
Unworked special non-working holidays, unless company policy grants pay;
Company shutdowns where no paid benefit applies;
Work suspensions due to business conditions;
Periods when the employee has no assigned work and no paid leave coverage;
Seasonal or project-based gaps, depending on the employment arrangement.

However, the principle is not absolute. Employees may still be paid during periods of non-work if payment is required or allowed by:

The Labor Code;
Special labor laws;
DOLE rules and advisories;
The employment contract;
A company handbook;
A collective bargaining agreement;
Established employer practice;
Approved paid leave credits.

III. Paid Leave in the Philippine Context

Philippine labor law does not provide the same broad statutory vacation leave system found in some other jurisdictions. Instead, the law provides specific leave benefits, and many employers voluntarily grant additional paid leaves.

Paid leave may come from:

1. Service Incentive Leave

Under the Labor Code, covered employees who have rendered at least one year of service are generally entitled to five days of service incentive leave with pay per year.

This leave may be used for vacation, sickness, personal matters, or other purposes, depending on company policy. If unused, it is generally commutable to cash, unless the employer provides a more favorable leave scheme.

2. Company-Granted Vacation Leave

Many employers provide paid vacation leave as a contractual or policy benefit. This may be more generous than the statutory service incentive leave.

The use of vacation leave is usually subject to:

Prior approval;
Scheduling rules;
Operational requirements;
Cut-off periods;
Minimum notice requirements;
Limits on carry-over or conversion.

3. Company-Granted Sick Leave

Sick leave is usually not mandated by the Labor Code as a general statutory benefit, but many employers grant it by policy, contract, or CBA.

Its use may require:

Medical certificate;
Notice to the employer;
Proof of illness;
Compliance with company procedures.

4. Maternity Leave

Under Philippine law, eligible female workers are entitled to paid maternity leave. This is a statutory benefit and is not merely a company-granted leave.

Maternity leave generally applies when the legal conditions are met, regardless of whether the employer is otherwise observing a no work, no pay arrangement.

5. Paternity Leave

Eligible married male employees may be entitled to paternity leave under the Paternity Leave Act, subject to statutory conditions.

6. Solo Parent Leave

Qualified solo parents may be entitled to parental leave benefits, subject to the requirements under applicable law and regulations.

7. Leave for Victims of Violence Against Women and Their Children

Women employees who are victims under the law may be entitled to paid leave, subject to the legal requirements.

8. Special Leave Benefit for Women

Women employees who undergo surgery caused by gynecological disorders may be entitled to a special leave benefit, subject to legal conditions.

9. Other Contractual or CBA Leaves

Employers may grant additional paid leave through:

Employment contracts;
Collective bargaining agreements;
Company policies;
Past practice;
Management prerogative.

Examples include bereavement leave, emergency leave, birthday leave, wellness leave, calamity leave, and mental health leave.

IV. General Rule: Paid Leave May Be Used During a No Work, No Pay Period If Allowed

An employee may use paid leave during a no work, no pay period if all of the following are present:

The employee has available leave credits;
The type of leave applies to the situation;
The employee complies with notice, approval, and documentary requirements;
The employer’s policy, contract, CBA, or practice permits the use of leave;
There is no valid legal or operational reason to deny the leave.

For example, if an employee is absent on a day that would otherwise be unpaid, the employee may request that the absence be charged to vacation leave, provided the employer’s rules allow it.

Similarly, if an employee becomes sick during a period when work is suspended, the employee may request sick leave if the company policy allows sick leave to be used during such periods and the employee can comply with the requirements.

V. No Work, No Pay Does Not Automatically Defeat Paid Leave Rights

The phrase “no work, no pay” should not be treated as a blanket rule that cancels paid leave benefits. It only describes the default wage consequence when an employee does not work and no paid benefit applies.

If the employee has an accrued paid leave benefit, that benefit may serve as the basis for payment even though no work was performed.

In other words:

No work, no pay is the default rule. Paid leave is an exception created by law, contract, policy, CBA, or employer practice.

Thus, an employer cannot simply invoke “no work, no pay” to deny a leave benefit that the employee is legally or contractually entitled to use.

VI. Important Distinction: Entitlement to Leave vs. Approval of Leave

There is a difference between:

Having leave credits, and
Being allowed to use them on a specific date or during a specific period.

An employee may have earned paid leave credits, but the employer may still regulate their use through reasonable rules.

For example, an employer may require:

Advance filing of vacation leave;
Management approval before leave is taken;
Medical documentation for sick leave;
Minimum staffing levels;
Prohibition against retroactive leave applications except in emergencies;
Cut-off rules for payroll processing.

However, employer regulation must be exercised in good faith. It must not be arbitrary, discriminatory, retaliatory, or contrary to law.

VII. Application to Common No Work, No Pay Situations

A. Ordinary Absence

If an employee is absent on a regular working day and the absence would otherwise be unpaid, the employee may usually request that the absence be charged to available paid leave.

Example:

An employee does not report for work on Monday for personal reasons. The company applies no work, no pay to absences. The employee has available vacation leave and files a leave application. If approved, the employee is paid for Monday and the leave credit is deducted.

In this situation, paid leave replaces the unpaid absence.

B. Sick Absence

If an employee is absent due to illness, the employee may use sick leave if the company provides sick leave and the employee complies with company requirements.

If the company does not provide paid sick leave apart from service incentive leave or other applicable benefits, the absence may be unpaid unless covered by available leave credits or statutory benefits.

An employer may require reasonable proof of illness, especially for extended absences or repeated sick leave use.

C. Special Non-Working Holiday

For special non-working holidays, the general rule is often described as no work, no pay, unless there is a favorable company policy, CBA, or practice granting pay even if unworked.

Can an employee use paid leave on a special non-working holiday?

Usually, this depends on company policy.

There are two possible approaches:

Leave may not be necessary because the day is not a regular working day for purposes of the holiday rules; or
Leave may be allowed if company policy permits employees to charge the day to available leave credits to avoid unpaid status.

The answer depends heavily on the employer’s leave policy and payroll practice.

D. Regular Holiday

Regular holidays are treated differently. Covered employees may be entitled to holiday pay even if they do not work, provided the legal requirements are met.

If a regular holiday is payable under law, the employee generally does not need to use paid leave just to receive holiday pay. The payment arises from the holiday pay rule, not from leave credits.

However, issues may arise if the employee was on leave without pay immediately before the holiday, or if company policy imposes conditions consistent with law and regulations.

E. Company Shutdown or Temporary Closure

Employers may temporarily suspend operations due to business conditions, lack of materials, renovation, force majeure, calamity, or other reasons.

If the shutdown is treated as no work, no pay, employees may ask to use paid leave credits during the shutdown.

Whether they can do so depends on:

The nature of the shutdown;
Existing leave policy;
Whether the employer allows forced or voluntary use of leave credits;
Whether the employee has leave credits;
Any DOLE advisories or applicable rules;
Whether the shutdown is temporary, valid, and properly implemented.

Employers often allow employees to use accrued vacation leave during temporary closures so that employees can receive pay despite the work stoppage.

However, if the company policy reserves leave for employee-initiated absences only, or if the leave system does not allow use during shutdowns, the employer may deny the request, unless a law, contract, CBA, or established practice provides otherwise.

F. Calamity, Typhoon, Flood, Earthquake, or Emergency Suspension

During calamities or emergencies, work may be suspended. Depending on government announcements, company policy, and the nature of work, employees may or may not be paid.

In no work, no pay situations caused by calamity, employees may be allowed to use:

Vacation leave;
Emergency leave;
Calamity leave;
Service incentive leave;
Other applicable paid leave credits.

Some employers have specific calamity leave policies. Others allow employees to charge the absence to vacation leave or service incentive leave.

Where the absence is due to unsafe travel conditions, flooding, illness, injury, or family emergency, the applicable leave category should be determined under company rules.

G. Suspension of Work Due to Business Losses

If the employer suspends operations because of business losses, lack of orders, or economic difficulty, the employees may be placed on temporary layoff or floating status, subject to labor law limits and requirements.

During such a period, employees generally do not earn wages because no work is performed. However, the use of paid leave may be allowed if company policy permits it.

Important point:

The use of paid leave during temporary suspension should not be used to disguise illegal dismissal, prolonged floating status, or improper labor practice. If the suspension becomes indefinite or exceeds legally allowed limits, separate labor law issues may arise.

H. Reduced Workweek or Flexible Work Arrangement

In a reduced workweek, employees work fewer days than usual. The non-working days may be unpaid under the no work, no pay principle unless otherwise agreed.

Employees may ask to use paid leave on the unpaid days.

This may be allowed if:

Leave use is consistent with company policy;
The employee has accrued credits;
The arrangement does not violate wage, hour, or labor standards rules;
The leave is not being used to evade legal obligations.

For example, if the company implements a four-day workweek and Fridays become unpaid, employees may or may not be allowed to use leave credits on Fridays depending on the policy.

I. Floating Status

Floating status commonly applies in industries where employees may be temporarily placed off-duty due to lack of available work, such as security, manpower, service contracting, or project-based operations.

During floating status, the employee usually does not work and is not paid, unless otherwise provided.

Can the employee use paid leave?

Possibly, yes, if the employee has available paid leave credits and company policy permits their use during floating status.

However, floating status has strict legal implications. It must be temporary, justified, and not used as a means to avoid regular employment rights or to constructively dismiss the employee.

J. Seasonal Employment

Seasonal employees may have periods when no work is available because the season has ended. During the off-season, the no work, no pay principle may apply.

Whether paid leave can be used depends on whether the employee has earned leave credits and whether the employment arrangement or company policy allows leave during the off-season.

Because seasonal employment has special rules, the specific terms of employment matter greatly.

VIII. Can the Employer Require Employees to Use Paid Leave During No Work, No Pay Periods?

This is different from asking whether the employee may voluntarily use leave.

An employer may sometimes require or direct the use of leave credits during temporary shutdowns, business interruptions, or similar periods, but this depends on the legal basis, company policy, employment contract, CBA, and the reasonableness of the arrangement.

A mandatory leave charge may be lawful if:

It is authorized by company policy, contract, or CBA;
It is applied fairly and uniformly;
It is not contrary to law;
It does not deprive employees of statutory benefits;
It is not used in bad faith.

However, forced use of leave credits may be questionable if:

There is no policy basis;
It is imposed selectively or discriminatorily;
It is used to avoid paying legally mandated wages;
It is used to mask illegal suspension or dismissal;
It violates a CBA or employment contract;
It wipes out accrued leave without employee consent or policy basis.

The safer approach is for employers to clearly state whether the use of paid leave during shutdowns is voluntary, mandatory, or subject to approval.

IX. Can an Employer Refuse to Allow Paid Leave During a No Work, No Pay Period?

Yes, in some cases. An employer may refuse the use of paid leave if the refusal is based on valid rules and is not contrary to law.

Valid reasons may include:

The employee has no available leave credits;
The leave was not properly filed;
The type of leave does not apply;
Required documents were not submitted;
The leave period is not covered by the policy;
The employee is not eligible for the leave benefit;
The leave benefit is not yet earned;
The requested leave would violate operational rules;
The absence falls under a category excluded by policy.

However, an employer should not deny leave arbitrarily, inconsistently, or in bad faith.

For statutory leaves, the employer’s discretion is more limited. If the employee qualifies under law, the employer cannot simply deny the benefit by invoking no work, no pay.

X. Statutory Leave vs. Company Leave

This distinction is critical.

A. Statutory Leave

Statutory leave is created by law. Examples include maternity leave, paternity leave, solo parent leave, leave for victims of violence against women and children, and special leave benefit for women.

If the employee qualifies, the employer generally must respect the leave right.

The employer may require compliance with legal and procedural requirements, but it cannot defeat the right by saying the workplace is on no work, no pay.

B. Company Leave

Company leave is created by employer policy, contract, or CBA. Examples include vacation leave, sick leave, emergency leave, birthday leave, bereavement leave, and similar benefits.

The use of company leave is governed primarily by the terms of the policy, contract, or CBA, provided they are not below minimum labor standards.

Thus, for company-granted paid leave, the key question is: What do the company rules say?

XI. Service Incentive Leave and No Work, No Pay

Service incentive leave is the basic statutory paid leave benefit for covered employees who have rendered at least one year of service.

An employee may generally use service incentive leave for paid absence, subject to reasonable rules.

If the employee has unused service incentive leave credits and the absence would otherwise be unpaid, the employee may request that the absence be charged against those credits.

However, the employer may impose reasonable procedures for use, such as filing requirements, scheduling, and approval. The employer should not apply these rules in a way that destroys the benefit.

If the employer already grants at least five days of paid vacation leave, sick leave, or equivalent paid leave, it may be considered compliance with the service incentive leave requirement, depending on the terms and coverage of the benefit.

XII. Leave During Suspension of Operations

A temporary suspension of operations does not automatically erase leave credits. Earned leave credits are generally treated as accrued benefits, subject to the rules governing them.

During a temporary suspension, the following possibilities may arise:

Employees are unpaid and do not use leave;
Employees voluntarily use leave credits;
Employees are required to use leave credits under policy;
Employees receive pay under a special company assistance program;
Employees receive statutory benefits if applicable;
Employees are later separated and receive cash conversion of convertible leave credits, if provided by law or policy.

The legality depends on the circumstances and documentation.

XIII. Leave Accrual During No Work, No Pay Periods

Another issue is whether employees continue to earn leave credits during no work, no pay periods.

The answer depends on the leave policy.

Some companies accrue leave based on:

Calendar year service;
Months of employment;
Days actually worked;
Regularization date;
Anniversary date;
Paid status;
Active status.

If the company policy says leave accrues only during paid active service or actual work, then no additional leave may accrue during an unpaid no work, no pay period.

If the policy grants annual leave regardless of actual days worked, the employee may continue to accrue leave unless the policy provides otherwise.

For statutory service incentive leave, entitlement is generally tied to one year of service, subject to legal rules on coverage and exclusions. Specific factual circumstances may affect computation.

XIV. Cash Conversion of Leave

In the Philippines, service incentive leave is generally commutable to cash if unused.

Company-granted leaves may or may not be convertible to cash, depending on the policy, contract, CBA, or practice.

During a no work, no pay period, an employee may prefer to use leave credits for paid days rather than preserve them for conversion. Whether this is beneficial depends on the employer’s rules.

For example:

If unused leave is convertible to cash at year-end, using it during a shutdown may reduce year-end conversion.
If unused leave is forfeited, using it may be financially beneficial.
If leave is not usable during shutdowns, the employee may retain the credits subject to the policy.
If employment ends, convertible leave may become payable, depending on the rules.

XV. Holiday Pay and Paid Leave Interaction

The interaction between paid leave and holidays can be complicated.

1. Regular Holiday

If an employee is entitled to regular holiday pay, the employee should generally receive holiday pay without needing to use leave credits.

Charging a regular holiday to leave may be improper if it deprives the employee of a statutory holiday benefit.

2. Special Non-Working Holiday

For special non-working holidays, the no work, no pay principle commonly applies unless a favorable policy, CBA, or practice provides otherwise.

An employer may allow the employee to use leave credits to receive pay for that day.

3. Holiday Falling During Approved Leave

If a holiday falls within an approved leave period, the treatment depends on law and policy.

Some employers do not deduct leave for a regular holiday because the employee is already entitled to holiday pay. Others have detailed payroll rules distinguishing vacation leave, sick leave, regular holidays, and special days.

The employer’s policy should not result in less than statutory minimum benefits.

XVI. Paid Leave During Preventive Suspension

Preventive suspension is different from ordinary no work, no pay. It is imposed when an employee’s continued presence may pose a serious and imminent threat to the employer’s property, the employee’s co-workers, or the employer’s operations.

Preventive suspension is generally unpaid unless the employer voluntarily pays it or the company policy provides otherwise. If the suspension exceeds the allowable period or is later found improper, wage consequences may arise.

Can the employee use paid leave during preventive suspension?

This is more sensitive. Many employers do not allow vacation or sick leave to be used during disciplinary preventive suspension because the employee is not absent by choice; the employee is barred from work pending investigation.

However, if company policy allows it, or if the employer approves it, leave may be charged.

Employers should be careful not to use leave charging to obscure the legal requirements and limits of preventive suspension.

XVII. Paid Leave During Disciplinary Suspension

A disciplinary suspension is a penalty imposed after due process.

If an employee is suspended as a disciplinary penalty, the period is typically unpaid.

Can paid leave be used to cover it?

Usually, no, unless the employer expressly allows it. A disciplinary suspension is intended to be a penalty. Allowing paid leave may defeat the disciplinary effect.

However, the controlling rules are the company code of conduct, employment contract, CBA, and actual employer practice, subject to law.

XVIII. Paid Leave During Absence Without Official Leave

If the employee is absent without approval, the employer may treat the absence as AWOL and unpaid.

The employee may later ask that the absence be charged to leave credits. The employer may allow or deny retroactive leave charging depending on policy.

Many companies allow retroactive leave filing for emergencies, illness, or justified circumstances. But they may deny it for unexplained absences, especially where prior approval was required.

Repeated AWOL may lead to disciplinary action, regardless of whether the employee later has leave credits.

XIX. Paid Leave During Resignation Notice Period

An employee serving a resignation notice period may request to use paid leave during that period.

This is not exactly a no work, no pay situation, but it often raises similar questions.

The employer may approve or deny leave during the notice period depending on operational needs and policy. If the employee does not report to work without approved leave, the period may be unpaid and may affect clearance or final pay processing.

Unused convertible leave may be paid in final pay if required by law, policy, contract, CBA, or practice.

XX. Paid Leave During Closure, Retrenchment, or Redundancy Period

If an employee is already separated due to authorized cause, leave benefits are treated as part of final pay only if convertible or otherwise payable.

If the employee is still employed but no work is assigned before the effective date of separation, the employee may be allowed to use leave credits depending on policy.

However, paid leave cannot replace legally required separation pay where separation pay is due. They are different benefits.

XXI. Rights of Employees

Employees should know the following rights and principles:

They may use paid leave if they are eligible and the leave is allowed by law or policy.
Statutory leaves cannot be denied merely by invoking no work, no pay.
Earned leave credits should be treated according to the governing policy or law.
Leave rules must be applied fairly and consistently.
Employees should not be discriminated against or punished for valid leave use.
Employees should receive at least the minimum labor standards required by law.
Illegal suspension, constructive dismissal, or improper floating status cannot be cured merely by offering leave charging.
Employees may question arbitrary denial of earned leave benefits.

XXII. Rights of Employers

Employers also have legitimate rights:

They may regulate the scheduling and approval of leave.
They may require documentation for certain types of leave.
They may deny leave requests that do not comply with valid policy.
They may implement no work, no pay where legally allowed.
They may adopt reasonable shutdown, reduced workweek, or flexible work arrangements subject to law.
They may distinguish between voluntary absences, statutory leaves, disciplinary suspensions, and business suspensions.
They may impose disciplinary action for AWOL or fraudulent leave claims.
They may require leave use to be consistent with operational needs, provided minimum labor standards are respected.

XXIII. Documentation Matters

In disputes involving paid leave during no work, no pay periods, the following documents are important:

Employment contract;
Employee handbook;
Leave policy;
Collective bargaining agreement;
Payroll records;
Leave ledger;
Timesheets or attendance records;
Notices of work suspension;
Notices of temporary closure;
DOLE-related submissions, if any;
Email approvals or denials;
Medical certificates;
Leave application forms;
Past practice evidence;
Final pay computation, if separation occurred.

A clear written policy prevents disputes.

XXIV. Best Practices for Employers

Employers should adopt a written policy stating:

Whether paid leave may be used during no work, no pay days;
Which types of leave may be used;
Whether use is voluntary or mandatory;
Whether prior approval is required;
Whether retroactive filing is allowed;
How leave interacts with holidays;
How leave accrues during unpaid periods;
How unused leave is converted or forfeited;
How shutdowns, calamities, and flexible work arrangements are handled;
How statutory leaves are treated separately from company leaves.

The policy should be consistent with law and applied uniformly.

XXV. Best Practices for Employees

Employees should:

Check the company handbook or leave policy;
Confirm available leave credits;
File leave requests in writing;
Keep proof of filing and approval;
Submit required documents;
Ask how the leave will be reflected in payroll;
Clarify whether leave use affects conversion;
Avoid assuming that leave is automatic;
Distinguish statutory leave from ordinary vacation or sick leave;
Raise disputes promptly and professionally.

XXVI. Sample Policy Clause

A company may adopt a clause similar to the following:

Employees may request to charge absences or company-declared no work, no pay periods against available paid leave credits, subject to approval, eligibility, documentary requirements, and operational needs. Statutory leaves shall be governed by applicable law. The Company reserves the right to determine whether leave may be applied during temporary closures, work suspensions, special non-working holidays, reduced workweek arrangements, or other non-working periods, provided that employee rights under labor laws, employment contracts, collective bargaining agreements, and established company policies are respected.

XXVII. Common Misconceptions

Misconception 1: “No work, no pay means leave cannot be used.”

Not necessarily. Paid leave exists precisely to allow payment despite non-work, if the leave applies and is approved.

Misconception 2: “If I have leave credits, the employer must always approve them.”

Not always. Leave use may be subject to valid rules, scheduling, documentation, and approval.

Misconception 3: “The employer can deny all leave by declaring no work, no pay.”

No. Statutory leaves and vested contractual benefits cannot be defeated by a simple declaration.

Misconception 4: “A regular holiday should be charged to leave.”

Usually, if the employee is legally entitled to regular holiday pay, the holiday should not need to be charged to leave.

Misconception 5: “All unused leave must be converted to cash.”

Not all company leaves are convertible. Service incentive leave is generally commutable if unused, but company-granted leaves depend on the policy, contract, CBA, or practice.

XXVIII. Practical Examples

Example 1: Approved Vacation Leave During Shutdown

A company announces a one-week temporary closure due to renovation. The days are no work, no pay. Employees with vacation leave are allowed to charge the period to leave credits. This is generally permissible if allowed by policy and applied fairly.

Example 2: No Leave Credits

An employee wants to be paid during a no work, no pay day but has no leave credits. The employer is generally not required to pay unless another law or policy applies.

Example 3: Regular Holiday

A regular holiday falls during a week when operations are suspended. If the employee is entitled to holiday pay under the rules, the employer should treat the day according to holiday pay law, not merely as an unpaid leave day.

Example 4: Special Non-Working Holiday

A special non-working holiday is declared. The employee does not work. Under no work, no pay, the day is unpaid unless the employer grants pay or allows use of leave credits.

Example 5: Sick Leave During No Work Period

An employee is scheduled to work but becomes ill and files sick leave with a medical certificate. If the company grants sick leave and the employee complies with the policy, the day may be paid and charged to sick leave.

Example 6: Disciplinary Suspension

An employee is suspended for misconduct. The employee asks to use vacation leave so the suspension will be paid. The employer may deny this if policy treats disciplinary suspension as unpaid and not chargeable to leave.

XXIX. Legal Analysis

The governing principle is that wages are generally due for work performed, but paid leave is a recognized exception. The employee’s right to be paid during a non-working period must therefore be anchored on a specific legal or contractual source.

The relevant inquiry is not simply whether the period is labeled no work, no pay. The more precise questions are:

Is the employee still employed during the period?
Is the day normally compensable under law, such as a regular holiday?
Does the employee have available paid leave credits?
Is the requested leave statutory or company-granted?
Does the leave policy allow use during this type of period?
Has the employee complied with filing and documentation requirements?
Is the employer’s denial reasonable and consistent?
Is the employer using no work, no pay to evade labor standards?
Is there a CBA, contract, or established practice that gives a more favorable benefit?

Where the answer favors the employee, paid leave may be used. Where the policy or law does not support payment, no work, no pay may apply.

XXX. Conclusion

An employee in the Philippines may use paid leave during a no work, no pay period when the employee has available leave credits and the use of leave is allowed by law, company policy, employment contract, CBA, or established practice.

The rule is not automatic either way. No work, no pay is the default rule for unpaid non-work. Paid leave is a separate benefit that may override that default when properly invoked.

For statutory leaves, the employer cannot defeat the benefit merely by declaring a no work, no pay period. For company-granted leaves, the answer depends mainly on the employer’s written policy, contract, CBA, and consistent practice.

The most legally sound approach is to examine the specific type of leave, the reason for the non-working period, the employee’s eligibility, and the governing workplace rules.