I. Introduction

In the Philippines, “extended leave of absence” is not a single, defined term in the Labor Code, but in practice it refers to situations where an employee is away from work for a relatively long, continuous period—typically weeks or months—whether with pay or without pay, and whether based on law, company policy, or special agreement with the employer.

Understanding when employees may insist on extended leave as a right (because the law grants it) versus when it is merely discretionary (subject to employer approval) is crucial. This article surveys the main legal bases, practical rules, and common issues surrounding extended leave in the Philippine setting, focusing mainly on private-sector employees, with notes on government workers where relevant.

This is general information, not a substitute for advice from a lawyer or DOLE.

II. Legal Framework

The 1987 Constitution
- Guarantees security of tenure, protection to labor, and humane conditions of work.
- These principles influence how long absences and extended leaves are evaluated, especially when they lead to termination.
Labor Code of the Philippines (as amended)
- Does not list all types of leave, but:
  - Sets basic leave-related minimums (e.g., Service Incentive Leave).
  - Establishes rules on termination, health and safety, and working conditions that frame disputes on prolonged absence.
Special Labor and Social Legislation
- Various Republic Acts and special laws create specific leave entitlements, many of which are, by nature, extended:
  - Expanded Maternity Leave (RA 11210)
  - Paternity Leave (RA 8187)
  - Solo Parent Leave (RA 8972, as amended)
  - Special Leave for Women with Gynecological Disorders (Magna Carta of Women – RA 9710)
  - Leave for Victims of Violence Against Women and Their Children (VAWC) (RA 9262)
  - Other benefits under SSS, Employees’ Compensation, etc.
Company Policies / Collective Bargaining Agreements (CBAs)
- Employers may grant more generous leave benefits than the law requires.
- CBAs may provide for extended leaves such as sabbatical, extended medical leave, study leave, and long vacation leave.
Civil Service Rules (for government employees)
- Govern leave for public sector employees, including:
  - 15 days vacation leave and 15 days sick leave annually (cumulative)
  - Maternity, paternity, special, study, rehabilitation, calamity/emergency leave, etc.

III. Statutory Leave Benefits That Can Be “Extended”

Below are the primary legally mandated leaves that may result in an extended absence from work.

1. Expanded Maternity Leave (RA 11210)

Coverage:

Female employees in the private and public sectors, including those in informal economy and other categories, subject to conditions in the law.

Duration:

105 days with full pay for live childbirth, regardless of mode of delivery.
Additional 15 days with full pay for solo parents, on top of the 105 days (total 120).
60 days with full pay for miscarriage or emergency termination of pregnancy.
Option to extend for an additional 30 days without pay, subject to advance notice to the employer and certain conditions.

Pay and Benefits:

For private employees, pay usually comes from the SSS maternity benefit, advanced by the employer and later reimbursed by SSS (subject to compliance).
Employee’s maternity leave counts as continuous service for purposes of seniority and benefits; no discrimination or dismissal on account of pregnancy or maternity is allowed.

Job Security:

The law explicitly protects the right to return to work after maternity leave.
Termination due to pregnancy or availing of maternity leave may constitute unlawful dismissal or discrimination.

2. Paternity Leave (RA 8187)

Coverage:

Married male employees in the private and public sector, for the first four (4) deliveries of the lawful wife with whom the husband is cohabiting.

Duration:

7 days with full pay per covered childbirth or miscarriage.

Though not as long as maternity leave, it is still a statutory paid leave that may be combined with other forms of leave or company policies to create a longer absence.

3. Solo Parent Leave (RA 8972 and amendments)

Coverage:

Employees who qualify as solo parents under the law, including those who solely shoulder parental responsibility for a child.

Duration:

Up to 7 working days of parental leave with pay per year, subject to:
- At least one year of service, and
- Proper notification and submission of solo parent ID/requirements.

Solo parent leave is often used in combination with other leaves to manage caregiving responsibilities over extended periods.

4. Special Leave Benefits for Women (Magna Carta of Women – RA 9710)

Coverage:

Women employees (public and private) who undergo surgery due to gynecological disorders (e.g., hysterectomy, myomectomy, etc.), subject to the Department of Labor’s implementing rules.

Duration:

Up to two (2) months with full pay, after the required period of service and submission of medical certification are met.

This is inherently an extended medical leave and is intended to allow recovery from serious gynecological conditions.

5. Leave for Victims of Violence Against Women and Their Children (RA 9262)

Coverage:

Women employees who are victims of violence (physical, sexual, psychological, economic) as defined in RA 9262, and whose children are also covered.

Duration:

Up to 10 days leave with full pay.
May be extended if the situation so requires and the court deems it necessary, subject to the law and internal rules.

This leave is specifically for attending to medical treatment, legal proceedings, and relocation connected with the abuse.

6. Service Incentive Leave (SIL) – Labor Code

Coverage:

Employees who have rendered at least one year of service, except those expressly excluded (e.g., managerial employees, field personnel under specific conditions, those already enjoying equivalent or better leave benefits, etc.).

Duration:

At least 5 days of Service Incentive Leave with pay per year.
Can be used for vacation or sick purposes.
Unused SIL is typically convertible to cash at the end of the year or upon separation.

While SIL itself is not “extended,” it often forms part of a longer leave package (e.g., SIL + company sick leave + leave without pay).

IV. Sickness, Disability, and Work-Related Injury

1. Company-Provided Sick Leave and Medical Leave

The Labor Code does not require a standard number of paid sick leave days (beyond SIL), but company policies and CBAs usually provide a specific number of paid sick days or medical leaves.
For extended illness, employees may:
- Use up paid sick leave days.
- Then go on leave without pay (if allowed) while availing SSS sickness benefits and/or Employees’ Compensation benefits.

2. SSS Sickness Benefit

Employees who are confined for at least 4 days (whether in hospital or at home, with proper certification) may be entitled to cash benefit from SSS.
This is not leave per se, but in practice supports extended absence due to illness.

3. Employees’ Compensation (EC) Program

For work-related illness or injury, an employee may receive EC benefits in addition to SSS benefits.
May include:
- Temporary total disability benefits,
- Permanent partial/total disability benefits,
- Medical services and rehabilitation.
Extended absence for work-related disability is generally covered by EC benefits rather than contractual leave alone.

4. Termination Due to Disease

Under the Labor Code, an employer may lawfully terminate an employee who:

Is suffering from a disease that is not curable within six (6) months even with proper medical treatment, and
The continued employment is prejudicial to the health of the employee or co-workers.

This requires:

Certification by a competent public health authority, and
Compliance with due process (notice and hearing).

Thus, during an extended medical leave, both the right to recover and the possibility of lawful separation exist, depending on medical findings and timelines.

V. Extended Leave Without Pay (LWOP)

“Leave without pay” is not comprehensively regulated by law for the private sector but is common in practice.

Key points:

Discretionary Nature
- Unless a law explicitly grants a right to unpaid extension (e.g., extra 30 days after maternity under RA 11210), approval of extended LWOP is normally management prerogative.
- The employer may set conditions, e.g., maximum duration, frequency, documentation.
Security of Tenure vs. Employer Prerogative
- Employees do not automatically lose their jobs simply because they applied for or are on extended LWOP, if it was approved.
- However, indefinite or very long LWOPs may, by agreement, result in resignation, suspension of employment, or eventual separation, depending on what the parties agreed upon and actual practice.
Benefits and Seniority
- During LWOP:
  - Salaries are not paid.
  - Certain benefits may be suspended (e.g., allowances), depending on company policy and law.
  - Contributions to SSS, PhilHealth, Pag-IBIG may be affected unless employer or employee continues paying voluntarily.
Return-to-Work Conditions
- Employers can require:
  - A fitness-to-work medical certificate (for medical leaves),
  - Completion of clearances, or
  - A formal notice of return to align with scheduling and staffing.

VI. Government Employees: Special Note

For public sector workers under the Civil Service Commission (CSC):

Vacation and Sick Leave
- Generally entitled to 15 days vacation and 15 days sick leave per year, cumulative, enabling long absences when accumulated.
Specialized Leaves
- Maternity, paternity, and special leave for women similar in spirit to private sector laws.
- Rehabilitation leave for job-related injuries.
- Study leave and scholarship leave (for pursuing further education/training).
- Special emergency leave in case of calamities.
- Rules are found in the Omnibus Rules on Leave and various CSC issuances.
Approval and Discretion
- While certain leaves are rights once conditions are met, approvals for long or discretionary leaves follow CSC rules and agency policies.

VII. Abandonment vs. Extended Leave

A frequent dispute in extended absences is whether the employee has abandoned the job.

Abandonment requires both:

Failure to report for work without valid reason; and
A clear intention to sever the employer-employee relationship, shown by some overt act.

Therefore:

An employee on approved extended leave (e.g., maternity leave, medical leave with employer consent) cannot be considered to have abandoned their job.
Problems arise when:
- The leave period expires,
- The employer directs the employee to return or explain,
- The employee fails to respond or report back without any explanation.

Employers are expected to:

Serve notices (to explain unexcused absence, and of possible termination), and
Observe due process before terminating for abandonment.

VIII. Non-Statutory Extended Leaves (Company-Granted)

Many extended leaves do not arise from statute but from company policy, CBAs, or individual agreements. Examples:

Extended Vacation or Sabbatical Leave
- Often unpaid, sometimes partly paid.
- Used for travel, rest, or personal projects.
- Conditions may include certain tenure, performance criteria, and clear end date.
Study or Training Leave
- Granted to enable employees to pursue postgraduate studies, professional certifications, or long training.
- The employer may require:
  - A scholarship contract,
  - A return service obligation (e.g., “serve the company for X years after returning or reimburse costs”).
Family Care or Personal Leave
- For caregiving (e.g., sick children, elderly parents) beyond what the law guarantees.
- Flexible arrangements may be formalized as LWOP or changed working schedules.

In all these, the key legal principles are:

Freedom to contract (employer and employee agreeing on terms),
Non-waiver of statutory rights (no agreement may reduce benefits below legal minimum),
Fair and humane treatment consistent with constitutional protection to labor.

IX. Rights and Obligations During Extended Leave

A. Employee Rights

Right to Statutory Leave
- Once the employee meets the qualifications (tenure, contributions, documentation), statutory leave cannot be denied arbitrarily.
Protection Against Discrimination
- Negative treatment for availing of legally mandated leave (e.g., maternity, solo parent, VAWC leave) can be unlawful discrimination.
Security of Tenure
- Absence on a lawful extended leave generally cannot be used as a ground to terminate, except in cases allowed by law (e.g., incurable disease, redundancy, closure, etc.).
Continuity of Employment
- For most statutory leaves (e.g., maternity), the period is counted as continuous service for seniority and benefit purposes.
Privacy and Dignity
- While medical certificates and legal documents may be required, employers must respect confidentiality of sensitive information (e.g., reproductive health, domestic violence).

B. Employee Obligations

Provide timely notice of the need for leave, whenever practicable.
Submit required documentation:
- Medical certificates,
- Birth certificates,
- Solo parent ID,
- Court or barangay documents (for VAWC cases), etc.
Abide by the duration of the approved leave and:
- Return to work on the agreed date, or
- Request an extension before the leave expires, where possible.

C. Employer Rights and Limits

Verification
- Employers can require proof to confirm eligibility for leave (medical, legal, administrative documents).
Scheduling and Operational Needs
- For non-statutory leaves, employers can:
  - Deny or reschedule leave requests,
  - Limit duration or frequency,
  - Impose reasonable conditions to balance business needs.
Disciplinary Action
- Employers may impose sanctions (up to dismissal) for:
  - Fraudulent documents,
  - Abuse of leave,
  - Prolonged absence without notice (subject to due process and legal standards).
Limits of Management Prerogative
- Management prerogative is not absolute; it must be:
  - In good faith,
  - Reasonable,
  - Consistent with law, contract, and fair practice.

X. Practical Guidance for Employees Considering Extended Leave

Know Your Statutory Rights
- Identify which leave type applies:
  - Pregnancy → Expanded maternity leave
  - Gynecological surgery → Special leave for women
  - Domestic violence → VAWC leave
  - Solo caregiving responsibilities → Solo parent leave
  - Work-related injuries → EC and SSS benefits, possible medical/rehab leave.
- Check if you meet eligibility conditions (tenure, contributions, documentation).
Review Employment Contract and Company Handbook
- Study:
  - Leave entitlements beyond the minimum (sick, vacation, emergency leave).
  - Policies on leave without pay, sabbatical, study leave, and return-to-work procedures.
Plan and Document
- Make a written request stating:
  - Type of leave (statutory or discretionary),
  - Start and end dates (or estimated end date),
  - Supporting reasons.
- Keep copies of:
  - All communications,
  - Medical and legal documents.
Discuss With HR or Management Early
- Early notice increases chances of approval and better arrangements.
- For health-related leaves, clarify:
  - How to claim SSS or EC benefits,
  - Whether contributions will continue,
  - What is needed to clear you fit to return.
Be Clear About Return Date
- Avoid open-ended absences.
- If your medical condition is uncertain, provide periodic updates and ask your doctor for expected recovery timelines.
Seek Advice for Complex Situations
- Cases involving:
  - Long-term disability,
  - Possible termination on account of disease,
  - Discrimination for availing leave,
- may require consultation with:
  - DOLE,
  - A union (if any),
  - A labor lawyer,
  - Government agencies like CSC (for public employees) or PCW/DSWD for specific laws.

XI. Conclusion

Extended leave of absence in the Philippines sits at the intersection of statutory entitlements, social insurance systems (SSS, EC), and company-level policies. Some extended leaves—such as expanded maternity leave, special leave for women, solo parent leave, and VAWC leave—are rights guaranteed by law. Others, like long personal, study, or sabbatical leaves, depend heavily on employer approval and the parties’ agreements.

Employees who understand:

which leaves are mandatory,
which are discretionary,
how extended leave interacts with security of tenure, and
what documents and procedures are required,

are better positioned to protect their jobs, health, and family responsibilities while remaining compliant with workplace rules. Employers, on the other hand, avoid costly disputes by honoring statutory rights, crafting clear leave policies, and exercising management prerogatives reasonably and in good faith.