Executive Summary

When a leave is approved, the employee acquires a right to be absent for the covered period without punishment or loss of pay to the extent provided by law, policy, or the approval itself. Employers may regulate how leave is requested and documented, but once duly approved they may not (a) mark the absence as AWOL, (b) impose discipline for non-attendance during the approved dates, or (c) withhold pay that is legally or contractually due. Revocation is allowed only for legitimate business exigency, upon reasonable notice, and with make-whole measures (e.g., restoring credits, paying additional costs, or offering alternatives)—and never in a way that diminishes statutory leave.

Sources of Leave Rights

Statutes (minimum floors that cannot be waived or reduced):
- Service Incentive Leave (SIL): at least 5 days with pay per year for eligible employees.
- Maternity leave: 105 days with pay for live childbirth (+15 if a solo parent), 60 days for miscarriage or emergency termination of pregnancy; a portion may be transferred to the father/alternate caregiver.
- Paternity leave: 7 days with pay (statutory paternity) for married male employees (subject to legal conditions).
- Parental leave for solo parents: 7 days with pay per year (after required tenure and documentary proof).
- VAWC leave (Anti-VAWC): 10 days with pay for women employees who are victims of violence, extendible as needed by court order.
- Special leave benefit for women (Magna Carta of Women): up to 2 months with full pay after qualifying gynecological surgery.
- Other sector-specific or special laws may grant additional paid/unpaid leave (e.g., for government employees or under special circumstances).
Statutory benefits are floors, not ceilings; CBAs and company policies may grant more.
Company Policy / CBA / Employment Contract
- Vacation, sick, emergency, calamity, bereavement, study, marriage leaves, etc., are typically policy-based in the private sector. Once approved under policy, they are binding and protected by the non-diminution rule (cannot be unilaterally reduced if they’ve ripened into a practice or are written benefits).
Individual Approval
- A written/recorded approval (HRIS, email, signed form) is itself a binding undertaking for the covered dates and pay treatment.

General Principles Governing Approved Leave

1) No AWOL or Discipline for the Covered Period

An approved leave cannot be re-characterized as AWOL or “unauthorized” simply because operations later become busy or a supervisor changes their mind. Discipline requires a lawful ground and due process; exercising a granted right is not misconduct.

2) Pay Entitlement Tracks the Nature of the Leave

Paid leave (statutory or policy-based): wages for the affected workdays remain due.
Unpaid leave: time off is authorized but without pay; no attendance-related penalties should attach.
Holiday within leave: treatment follows holiday pay rules and the leave’s nature (e.g., on leave with pay, the regular holiday is typically still payable; on leave without pay, eligibility may be affected by “day-before” rules—apply your policy consistently and in employees’ favor where the law is silent).

3) Revocation or Recall from Leave

Allowed only for genuine, substantial business necessity (e.g., critical incident, safety, legal compliance), using the least disruptive means.
Employer should: (a) give reasonable notice; (b) restore the leave credits/days; (c) reimburse or shoulder documented non-refundable costs (e.g., airline cancellation fees) where the recall is employer-driven; and (d) avoid penalizing the employee for refusing an unreasonable recall (especially for statutory leaves like maternity/VAWC where recall is generally impermissible).

4) Documentation & Notice Requirements Must Be Reasonable

Employers may require forms, medical certificates, or proof of eligibility (e.g., SPIC/solo parent ID, marriage certificate), but standards must be clear, consistently applied, and not designed to defeat the leave.

5) Non-Retaliation and Security of Tenure

It is unlawful to dismiss, demote, or discriminate against an employee for availing of lawful leave (notably maternity and VAWC leaves). Adverse action proximate to leave use invites constructive dismissal or discrimination claims.

Statutory Leave—Key Points in Practice

A) Service Incentive Leave (SIL)

Minimum of 5 days with pay per year after meeting tenure/coverage rules.
May be used as vacation or sick leave; unused SIL is commutable to cash at year-end or upon separation, per policy and jurisprudence.
Coverage exclusions exist (e.g., certain field personnel or those already enjoying at least 5 days of vacation with pay), but exclusions are construed narrowly; when in doubt, grant.

B) Maternity Leave (Expanded)

105 days with pay for live childbirth (+15 if solo parent), 60 days for miscarriage/E.T.P.
Employer advances the paid benefit and coordinates reimbursement with the social insurance system; cannot delay or deny on technicalities once eligibility is met.
Protection against dismissal and detrimental reassignment due to pregnancy or availing of leave.
Up to 7 days may be transferred to the father or alternate caregiver (in addition to the father’s separate paternity leave, where applicable).

C) Paternity Leave

7 days with pay for married male employees cohabiting with their lawful spouse, applicable up to a statutory limit of deliveries; availment requires timely notice and proof.

D) Solo Parent Parental Leave

7 days with pay per year, generally after at least 1 year of service and upon presentation of a Solo Parent ID and compliance with agency/HR requirements. Distinct from, and in addition to, any maternity/paternity entitlements.

E) VAWC Leave (RA 9262)

10 days with pay for women employees who are victim-survivors of violence; extendible upon protection order or medical need. Requires supporting documentation (e.g., barangay or protection orders, medical records).

F) Special Leave Benefit for Women (RA 9710)

Up to 2 months with full pay for qualifying gynecological surgery requiring hospitalization (subject to medical certification and eligibility rules). Separate from, and in addition to, SIL and maternity leave.

Important: Statutory leaves cannot be offset by company leave credits unless the employee chooses to supplement (e.g., extend pay beyond what the statute covers). Employers may not force substitution that reduces the statutory minimum.

Approval, Denial, and Changes: Fair Procedures

Clear Policy & Calendar: Publish leave calendars/blackout dates in advance; use objective criteria to avoid favoritism.
FIFO and Coverage: Where multiple requests conflict, use first-filed or rotational rules, with reasonable exceptions (e.g., medical necessity).
Written Decision with Reasons: Approvals/denials should be documented. Denials must be anchored on legitimate operational grounds and never on protected statuses (pregnancy, victim status, etc.).
Medical Certificates: For sick leave beyond a set threshold (e.g., 2+ days), require fit-to-work/medical certificate—but do not demand extraneous medical details beyond necessity (respect medical privacy).
Call-Backs & Overtime: If an employee is recalled from an approved paid leave and performs work, apply overtime/night differential/holiday pay rules as applicable and restore leave credits.

Pay, Deductions, and Accounting

No pay docking for approved paid leave days.
Statutory leave pay follows the relevant law’s computation method (average daily pay rules).
Deductions (e.g., salary loans, cash advances) must honor net-of-statutory entitlements; do not “net out” mandated leave pay unless lawful and authorized in writing.
SIL conversion: unused credits converted at end of year or upon separation, based on current wage.

Conflicts & Overlaps

Holiday during leave: apply holiday pay rules; avoid double deductions.
Sick during vacation leave: if policy allows conversion, honor medical proof and restore the vacation credit.
Maternity vs. Company Leave: maternity leave runs independently; do not force use of company credits to cover the statutory period (employees may add credits to extend pay beyond the statutory window if policy permits).
VAWC/Magna Carta leave: cannot be displaced by ordinary sick/vacation leave.

Denial, Interference, or Retaliation—Liability and Remedies

Labor Standards Complaint (DOLE): for non-payment or interference with statutory leave; DOLE may issue compliance orders, assess penalties, and require payment of deficiencies.
SEnA (Single-Entry Approach): quick, mandatory conciliation-mediation before litigation.
Money Claims / Illegal Dismissal (NLRC/Labor Arbiter): recover unpaid leave pay, damages, attorney’s fees; reinstatement/backwages for dismissals related to leave use.
Damages: where denial or retaliation is oppressive or discriminatory (e.g., maternity discrimination), employees may recover moral/exemplary damages.
Criminal/Protection Remedies: For VAWC contexts or pregnancy discrimination blended with other unlawful acts, separate statutes provide criminal or protection order relief.

Practical Playbook for Employees

Know Your Bucket: Identify whether your request is statutory (non-waivable) or policy-based (contractual/CBA).
Front-Load Documentation: Submit forms, medical notes, proof of eligibility (solo parent ID, marriage certificate, pregnancy documents) before the leave or as soon as practicable.
Get It in Writing: Keep the approval email/HRIS screenshot.
If Recalled: Ask for the basis in writing; request restoration of credits and reimbursement of non-refundable costs.
If Denied/Interfered With:
- Elevate internally (HR/Grievance).
- File SEnA with DOLE (fast mediation).
- Pursue labor standards or NLRC action for pay/penalties; include damages where warranted.
Avoid AWOL Pitfalls: If a conflict arises, send a contemporaneous notice (email/text) asserting your approved leave and willingness to coordinate reasonable alternatives.

Employer Compliance Checklist (Quick)

☐ Publish clear leave policies; align with minimum statutory floors.
☐ Maintain accessible approval trails (HRIS/email).
☐ Train supervisors on non-retaliation and anti-discrimination (maternity/VAWC/solo parent).
☐ Apply documentation rules consistently; respect medical privacy.
☐ When recalling, restore credits and reimburse reasonable costs; never recall from maternity/VAWC/surgery leaves.
☐ Year-end SIL conversion and clean leave ledgering upon separation.

FAQs

Q: Can my boss cancel my already-approved vacation? A: Only for legitimate business exigency with reasonable notice and without prejudice to you (restore credits, reimburse non-refundable costs). Statutory leaves (e.g., maternity) are not subject to recall.

Q: HR says I must use up my vacation leave before I can take SIL. A: SIL is a statutory minimum. You cannot be deprived of it through policy; however, companies may integrate benefits if the total paid leave is at least the statutory floor and not less favorable overall.

Q: I was marked AWOL during my approved sick leave because my medical certificate was “late.” A: If the policy allows post-submission within a reasonable time and you complied or had justifiable cause, marking as AWOL is improper. Reasonableness and consistency control.

Q: A regular holiday fell during my paid leave. Do I still get holiday pay? A: Generally yes if you are on leave with pay under standard eligibility rules. If without pay, eligibility may differ based on “day-before” rules and company policy.

Q: Can the company force me to use my vacation credits instead of maternity leave? A: No. Statutory maternity leave is independent. You may add company credits to extend pay by choice, but you cannot be compelled to substitute.

Bottom Line

Approved leave creates a protectable right. Statutory leaves set the non-negotiable floor; policies and CBAs can enhance but not undercut them. Employers must honor approved leaves, limit recalls to true exigencies with make-whole measures, and never retaliate. Employees who meet documentary requirements and keep clean records can effectively enforce their rights through DOLE, SEnA, and NLRC processes, with damages available for oppressive violations.

This article is for general information and does not replace tailored legal advice. For case-specific strategy, consult a Philippine labor lawyer or your local PAO/IBP chapter.