Frequent leave applications can be a legitimate exercise of employee rights, a symptom of health or personal hardship, a scheduling problem, or—sometimes—abuse. In the Philippine setting, the best employer response is both rights-compliant and process-driven: understand which leaves are legally protected, apply clear policies consistently, document facts, and impose discipline only through lawful due process.

This article provides a practical, Philippine-context guide for employers dealing with repeated leave requests by employees whose work patterns are irregular (e.g., non-regular status, daily-paid, part-time, shifting schedules) or whose attendance is irregular (frequent unscheduled absences).

1) Start With the Right Framework: Rights, Policy, and Management Prerogative

Philippine labor law is built on two coexisting principles:

Security of tenure and worker protection: Employees cannot be disciplined or terminated arbitrarily, especially for using leaves granted by law.
Management prerogative: Employers may set reasonable work rules (attendance, leave filing, scheduling, performance standards), so long as these are lawful, fair, and applied in good faith.

Practical takeaway: You can control attendance and require compliance with leave procedures, but you must not penalize employees for taking statutory/protected leaves, and you must follow procedural due process for discipline.

2) Define “Irregular Employee” in Your Workplace (Because the Term Is Not a Legal Category)

Philippine statutes commonly classify employees as regular, probationary, casual, project, seasonal, or fixed-term (depending on facts). “Irregular employee” is not a standard legal term, so employers should clarify what they mean internally, such as:

A. Irregular in status

Probationary
Project-based
Seasonal
Casual
Fixed-term / contract-based
Part-time

B. Irregular in attendance

Habitual tardiness
Frequent absences
Patterned leaves (e.g., Mondays/Fridays)
Repeated last-minute sick leaves without proof

Why this matters: Leave eligibility, payroll treatment (“no work, no pay”), and discipline analysis depend on the employee’s classification and the nature of the absences.

3) Identify Which Leaves Are Legally Protected vs. Company-Granted

A common employer mistake is treating all leave requests as discretionary. In the Philippines, some leaves are mandated by law and protected from retaliation; others are policy/CBA-based and can be regulated more strictly.

A. Leaves commonly mandated by law (examples)

Service Incentive Leave (SIL): generally 5 days with pay after at least 1 year of service, subject to statutory exclusions.
Maternity Leave (expanded benefits): protected; adverse action because of maternity leave is high-risk.
Paternity Leave: protected within statutory conditions.
Solo Parent Leave (where qualified): protected.
Special Leave for Women (gynecological surgery-related, where qualified): protected.
VAWC Leave (violence against women and children): protected; confidentiality-sensitive.
Sickness/Disability benefits (SSS): the cash benefit is typically an SSS benefit subject to rules; employers often integrate this with company sick leave and required documentation.

Key rule: If the leave is legally granted, denial or discipline for availing it can expose the employer to claims (illegal dismissal, discrimination, money claims, damages).

B. Company-granted leaves (typical)

Vacation leave (VL)
Additional sick leave beyond statutory frameworks
Bereavement leave
Emergency leave
Birthday leave

These are governed by your company policy or CBA. You can require stricter approvals and impose reasonable controls—if consistently enforced.

4) Apply the “No Work, No Pay” Rule Correctly—But Know Its Exceptions

In general, Philippine practice follows no work, no pay unless:

A law mandates paid leave (e.g., SIL and other protected leaves, where applicable),
A company policy/CBA provides paid leave,
There are specific statutory pay rules (e.g., certain holidays, depending on entitlement and conditions), or
The employee is on a paid status by policy.

For daily-paid, part-time, or intermittent workers, frequent absences usually mean reduced pay—but pay deductions must be computed properly and must not become an unlawful penalty.

Avoid illegal “fines” or salary deductions that are not authorized by law, regulation, or written agreement/policy consistent with labor standards.

5) Build a Strong Leave-and-Attendance Policy Tailored for Irregular Work Arrangements

A well-written policy is your best protection. It should be:

A. Clear on procedures

Filing deadlines (e.g., at least X days before planned leave)
Same-day notice rules for sick/emergency leave
Call-in or messaging protocol (who to contact; by what time)
Required forms and approval workflow
Requirement to state leave type and reason category (medical/personal/emergency) without demanding unnecessary sensitive details

B. Clear on documentation

Medical certificate thresholds (e.g., required if sick leave is 2+ consecutive days or when there is a suspicious pattern)
Fit-to-work clearance (when warranted for safety-sensitive roles)
Proof requirements for protected leaves (only as allowed; avoid over-collection)

C. Clear on scheduling and staffing needs

Blackout dates (peak operations) for discretionary leaves
Minimum staffing levels and rotation rules
Swap/reliever rules for shifting schedules

D. Clear on abuse indicators and progressive discipline

Define objectively what triggers review:

Excessive unscheduled absences
Repeated leaves immediately before/after rest days
Frequent “Monday/Friday sickness”
Repeated failure to follow call-in rules
Pattern of questionable documentation

Important: “Frequent leave” alone is not automatically misconduct. The discipline basis is usually policy violation (e.g., AWOL, failure to notify, falsification) or a recognized just cause (e.g., habitual neglect), not the mere act of filing leave.

6) Use a Fact-Based Triage: Legitimate Need, Accommodation, or Misconduct?

When frequent leave happens, triage it into one (or more) of these buckets:

Bucket 1: Legitimate protected leave or health issue

Employee is pregnant, postpartum, facing medical treatment, or a protected category
Frequent sickness may indicate a disability or chronic condition

Employer response

Ensure compliance with statutory leave rights
Request reasonable documentation
Explore temporary work adjustments where feasible (shift changes, reduced hours, telework if possible)
Keep medical information confidential and limited to what is necessary for administration

Bucket 2: Operational/scheduling mismatch

Irregular schedules, unrealistic staffing, poor shift design, or unclear filing procedures

Employer response

Fix scheduling practices
Provide predictable rosters
Ensure supervisors aren’t approving inconsistently
Train managers on uniform application

Bucket 3: Possible abuse or misconduct

AWOL, failure to notify, fake medical certificates, patterned absences with no proof, refusal to comply with reasonable rules

Employer response

Document incidents
Apply progressive discipline
Follow due process strictly
Separate “leave denials” from “misconduct charges” (e.g., charge AWOL/insubordination/falsification, not “taking leave”)

7) Documentation: The Difference Between a Manageable Case and a Legal Headache

Maintain an attendance dossier that is objective and contemporaneous:

Timesheets and biometrics logs
Leave forms and approvals/denials
Screenshots/records of call-ins and messages
Medical certificates and verification steps (handled confidentially)
Incident reports (who, what, when, where)
Supervisor notes that stick to facts (avoid insults or conclusions)

Consistency matters most. If you discipline one employee for repeated last-minute leaves but excuse another similarly situated employee, you create a fairness problem that can weaken your position.

8) Handling Leave Requests: When You Can Deny and When You Shouldn’t

A. You generally should not deny legally protected leaves when the employee meets requirements

Denying a protected leave (or making it practically impossible) can be treated as interference or discriminatory practice, depending on context.

B. You may deny discretionary/company-granted leaves for valid operational reasons

Especially VL or elective leaves—if your policy says approval is subject to staffing needs and the rule is applied consistently.

C. For sick/emergency leaves: focus on procedure and proof, not suspicion

If the employee follows reporting rules and provides required proof, avoid reflexive denials. If there is a patterned abuse concern, address it through documentation standards and progressive discipline for violations.

9) Discipline and Termination: Use the Correct Legal Ground and Follow Due Process

Frequent absences can lead to discipline up to dismissal, but only if grounded on recognized bases and handled with proper procedure.

A. Common just-cause pathways (conceptual)

Habitual absenteeism / gross and habitual neglect of duties (requires seriousness and repetition)
Willful disobedience/insubordination (e.g., refusal to follow reasonable attendance reporting rules)
Fraud or willful breach of trust (e.g., falsified medical documents, dishonest leave claims—role sensitivity matters)
Other analogous causes (must be similar in nature and gravity)

Key point: Termination for attendance is rarely justified by a single incident unless extremely serious; it is usually built on repeated, documented violations and progressive discipline.

B. Procedural due process (the practical “twin notice” approach)

For dismissal or serious discipline, employers typically observe:

First written notice: specific charge(s), dates, facts, rule violated, and directive to explain.
Opportunity to be heard: written explanation and/or administrative conference.
Second written notice: decision, reasons, penalty, effectivity.

Even for non-dismissal sanctions, written notices and a chance to explain help demonstrate fairness.

10) Probationary, Project, Seasonal, and Other Non-Regular Arrangements: Special Handling

A. Probationary employees

You may end employment for:

Failure to meet reasonable, communicated standards; or
Just causes (including serious attendance misconduct)

Best practice: Ensure attendance standards are clearly part of probation metrics and were communicated at hiring/onboarding.

B. Project/seasonal employees

Attendance rules still apply during engagement. However:

“End of project/season” is not a substitute for discipline.
Non-renewal should not be used to mask retaliation for protected leaves.

C. Part-time or shifting employees

Be precise about:

What counts as a “workday” for leave conversion and payroll
Cutoff schedules and notice requirements
How tardiness/absence thresholds are measured (percentage-based metrics can be clearer than raw counts)

11) Avoid High-Risk Mistakes

These behaviors commonly trigger disputes:

Punishing employees for taking maternity, solo parent, VAWC, or other protected leaves
Forcing resignation or “voluntary separation” in connection with leave usage
Inconsistent approvals (favoritism)
Public disclosure of medical or VAWC-related information
Using vague charges (“attitude problem,” “pasaway,” “always absent”) without dates and proof
Skipping due process because the employee is “contractual” or “probationary”
Overreaching documentation demands (requiring diagnosis details when not necessary)

12) Practical Playbook: Step-by-Step Employer Response

Step 1: Audit entitlements and classification

Confirm status, schedule, and applicable statutory leave coverage
Review policy/CBA and past practice

Step 2: Stabilize policy enforcement

Re-orient supervisors on uniform standards
Implement a single leave channel (HRIS/form)

Step 3: Meet the employee (non-disciplinary first, if appropriate)

Ask what’s driving frequent leaves (health, caregiving, transport, workload)
Offer support mechanisms if available (EAP, schedule adjustment)

Step 4: Implement controls

Require timely notice
Require documentation when thresholds are met
Track patterns fairly

Step 5: Progressive discipline for violations

Verbal coaching (documented)
Written warning(s)
Final warning / suspension (as appropriate)
Dismissal only when justified and well-supported

Step 6: Tighten recordkeeping and confidentiality

Restrict access to medical/VAWC information
Use need-to-know rules

13) Sample Policy Clauses (Editable Templates)

A. Sick leave notification rule

“Employees who are unable to report for work due to illness must notify their immediate supervisor or the HR hotline not later than [time] on the first day of absence. Failure to notify without valid reason may be treated as an attendance violation.”

B. Medical certificate rule

“A medical certificate may be required for (a) two or more consecutive days of sick leave, (b) repeated sick leaves within a [30/60]-day period, or (c) sick leave immediately before/after rest days or holidays, subject to reasonable application.”

C. Discretionary leave approval rule

“Vacation leave is subject to staffing requirements and management approval. Approval will be granted on a first-filed, first-approved basis where practicable, and may be deferred during peak operational periods.”

D. Abuse and falsification

“Submission of falsified documents or misrepresentation in connection with leave may be subject to disciplinary action up to dismissal, subject to due process.”

14) A Quick Decision Guide

Is the leave legally protected and properly supported? → Approve (or process as required), and do not penalize.

Is the leave discretionary (VL/emergency leave by policy) and staffing is insufficient? → You may deny or reschedule, citing objective operational needs.

Is the problem repeated failure to follow procedure (no notice, AWOL, insufficient documentation per policy)? → Discipline for the violation, not for “taking leave.”

Is there evidence of dishonesty (fake medical certificates, misrepresentation)? → Investigate carefully, document, and proceed through due process.

15) Final Notes for Risk Management

Treat frequent leave as a signal first, not a conclusion.
Separate protected leave usage from attendance misconduct.
Ensure rules are reasonable, written, known, and consistently enforced.
For termination decisions, ensure both substantive just cause and procedural due process are present.
When in doubt—especially with maternity/VAWC/medical situations—handle with heightened care and confidentiality.

This article is for general information in a Philippine HR/legal compliance context and is not a substitute for advice on a specific case. For high-stakes decisions (suspension, dismissal, sensitive protected leave disputes), employers should seek counsel with the complete personnel file and documents in hand.