Is ‘Workload Make-Up’ Required for Leave Approval in the Philippines? DOLE Rules Explained

In the Philippine labor landscape, employee leaves are a fundamental right designed to promote work-life balance, health, and well-being. However, a common question arises among workers and employers: Does the Department of Labor and Employment (DOLE) require "workload make-up" as a condition for approving leaves? Workload make-up typically refers to practices where employees are expected to complete pending tasks, work extra hours before or after their absence, or otherwise compensate for the time off to ensure no disruption in operations. This article delves into the legal framework under the Labor Code of the Philippines (Presidential Decree No. 442, as amended), relevant DOLE issuances, and established jurisprudence to clarify this issue. We'll explore the types of leaves, approval processes, and whether such make-up is mandated or permissible.

Understanding Employee Leaves in the Philippines

Before addressing workload make-up specifically, it's essential to categorize leaves under Philippine law. Leaves fall into two broad categories: mandatory leaves (required by law) and voluntary or company-provided leaves (discretionary benefits). The Labor Code and DOLE regulations govern these, emphasizing that leaves are entitlements meant to be enjoyed without undue burden on the employee.

1. Mandatory Leaves Under the Labor Code and Special Laws

These are non-negotiable benefits that employers must provide to eligible employees. Approval is generally required, but it cannot be arbitrarily denied, and the law does not impose workload make-up as a prerequisite.

Service Incentive Leave (SIL): Under Article 95 of the Labor Code, every employee who has rendered at least one year of service is entitled to five (5) days of paid leave annually. This can be used for vacation or sick purposes.
- Approval Process: The employer has the prerogative to schedule the leave at a time convenient to the business (e.g., to avoid operational disruptions), but it must be granted within the year or commuted to cash if unused. DOLE Department Order No. 18, Series of 2002 (on contracting), and various advisories reinforce that SIL cannot be withheld unreasonably.
- Workload Make-Up: There is no provision in the Labor Code or DOLE rules requiring employees to "make up" for their workload. Imposing such a condition could undermine the purpose of the leave, which is to allow rest and recreation. If an employer insists on make-up, it might be viewed as a diminution of benefits, potentially violating Article 100 of the Labor Code, which prohibits reducing existing employee privileges.
Maternity Leave: Republic Act No. 11210 (Expanded Maternity Leave Law) grants 105 days of paid leave for female employees (120 days for solo mothers, plus 30 days optional unpaid extension). This applies to live births, miscarriages, or emergency terminations.
- Approval Process: Notification is required at least 30 days in advance where possible, but approval is automatic for eligible employees. Employers cannot deny it based on workload.
- Workload Make-Up: Not required. The law focuses on health and recovery; any make-up demand could be seen as discriminatory or contrary to the law's intent. DOLE has issued guidelines (e.g., Department Advisory No. 01, Series of 2019) emphasizing seamless implementation without additional burdens.
Paternity Leave: Republic Act No. 8187 provides seven (7) days of paid leave for married male employees upon the birth of a legitimate child.
- Approval Process: Must be availed within a reasonable period after birth, with prior notice if feasible.
- Workload Make-Up: No legal requirement. It's a short, family-oriented benefit, and DOLE rules do not condition it on compensating for absence.
Solo Parent Leave: Republic Act No. 8972 allows up to seven (7) days of paid leave per year for solo parents.
- Approval Process: Subject to certification from the Department of Social Welfare and Development (DSWD).
- Workload Make-Up: Not mandated; the leave supports parental responsibilities.
Special Leave for Women (Gynecological Disorders): Republic Act No. 9710 (Magna Carta of Women) grants two (2) months of paid leave for surgery related to gynecological issues.
- Approval Process: Requires medical certification.
- Workload Make-Up: Absent from the law; emphasis is on health recovery.
Leave for Victims of Violence Against Women and Children (VAWC): Republic Act No. 9262 provides ten (10) days of paid leave for victims.
- Approval Process: Confidential and based on need.
- Workload Make-Up: Not required, as it addresses urgent personal safety.
Sick Leave and Emergency Leaves: While not always mandatory, if provided (or in cases of SIL used for illness), prior approval isn't needed for emergencies. DOLE encourages flexible administration.

Across these mandatory leaves, DOLE's overarching principle—outlined in various labor advisories and the Labor Code—is that leaves are rights, not privileges contingent on extra effort. Workload make-up is not explicitly required or even mentioned, and imposing it could lead to complaints for illegal deduction of benefits or constructive dismissal.

2. Voluntary or Company-Provided Leaves

These include vacation leave (VL), sick leave (SL) beyond SIL, bereavement leave, or other perks outlined in company policies, collective bargaining agreements (CBAs), or employment contracts.

Approval Process: Governed by company rules, which must align with the Labor Code's non-diminution principle. Employers can consider operational needs, such as workload, when approving timing, but outright denial without valid reason may be challenged.
Workload Make-Up: Still not required by DOLE. However, company policies might include clauses for "handover" or "coverage" arrangements (e.g., delegating tasks to colleagues). If a policy explicitly demands make-up work, it must not violate labor standards. For instance, requiring overtime without pay to "make up" could breach Article 87 (overtime pay) or Article 83 (normal hours of work). DOLE's Bureau of Working Conditions often advises that such policies should be reasonable and not erode the leave's value.

DOLE's Stance on Leave Administration and Workload Considerations

DOLE has issued several guidelines to ensure fair leave implementation:

Department Order No. 147-15 (Revised Rules on Employee Benefits): Emphasizes that employers must administer leaves in good faith. While business exigencies (e.g., peak seasons) can influence scheduling, they cannot justify denial or附加 conditions like make-up unless stipulated in a valid policy.
Labor Advisory No. 08, Series of 2020 (on COVID-19-related leaves): Highlighted flexibility but reiterated that leaves should not impose undue hardship on employees, indirectly discouraging make-up requirements.
Jurisprudence Insights: Supreme Court decisions, such as in Serrano v. NLRC (G.R. No. 117040, 2000), affirm that employee benefits cannot be diminished. Cases involving leave denials often hinge on whether the employer's reason (e.g., heavy workload) is capricious. In Philippine Airlines v. NLRC (G.R. No. 123294, 1998), the Court ruled that operational needs must be balanced with employee rights, but no ruling mandates make-up.

DOLE does not enforce workload make-up as a rule; instead, it promotes alternatives like:

Temporary reassignment of duties.
Hiring temporary staff.
Advance planning for leaves.

If an employer habitually requires make-up, employees can file complaints with DOLE's regional offices for violation of labor standards. Penalties may include back pay for unused leaves or administrative fines.

Common Employer Practices and Potential Pitfalls

While not required, some employers implement informal "make-up" expectations, especially in high-pressure industries like BPO or manufacturing. This might involve:

Pre-leave crunch time to clear backlogs.
Post-leave extended hours without overtime pay.

Such practices, if coercive, could be deemed illegal under:

Article 100: Non-diminution of benefits.
Article 116: Withholding of wages (if make-up affects pay).
Anti-Forced Labor Provisions: If make-up feels compulsory.

Employees should review their employee handbook or CBA. If no such policy exists, demanding make-up may be unenforceable.

Employee Rights and Remedies

Documentation: Always request leaves in writing and keep records.
Commutation: Unused mandatory leaves (like SIL) must be paid in cash upon separation.
Disputes: File with DOLE's Single Entry Approach (SEnA) for conciliation or the National Labor Relations Commission (NLRC) for adjudication.
Exceptions: In unionized settings, CBAs may negotiate leave terms, but they cannot fall below legal minimums.

Conclusion: No, Workload Make-Up Is Not Required by DOLE

In summary, Philippine labor laws and DOLE rules do not mandate workload make-up for leave approval. Leaves are designed as restorative benefits, and conditioning them on extra work could dilute their purpose, potentially leading to legal challenges. Employers can manage timing based on business needs but must grant entitlements without additional burdens. For company-specific leaves, policies should be fair and compliant. Employees facing unfair demands should consult DOLE or a labor lawyer to protect their rights. Staying informed ensures a balanced workplace where productivity and well-being coexist.