1) Core rule: “Probationary” is still “employee”

A probationary employee is an employee from day one. Probationary status mainly affects security of tenure (i.e., standards for retention/regularization and lawful termination), not basic labor standards. As a result:

If a leave benefit is mandated by law and you meet its legal conditions, the employer generally cannot deny it just because you are probationary.
If a leave benefit is company-granted (e.g., paid sick leave, paid vacation leave, emergency leave beyond legal minimums), eligibility during probation depends on company policy, contract, CBA, or established practice, subject to fairness/non-discrimination and minimum labor standards.

What changes during the first six months is therefore not “probationary vs regular” per se, but whether you meet the qualifying period (if any) set by law or policy.

2) What is legally guaranteed within the first six months?

A. Public holidays and special non-working days (time off / pay rules)

These aren’t “leave credits” in the classic VL/SL sense, but they are the most common paid-time-off entitlements new employees encounter immediately.

Regular holidays: If the day is unworked, eligible employees generally receive holiday pay; if worked, premium pay applies.
Special non-working days: “No work, no pay” is the default, unless company policy, contract, or CBA provides pay; if worked, premium pay applies.

These apply to probationary employees the same way they apply to other covered employees, subject to general rules (e.g., exclusions and conditions such as daily-paid status, etc.).

B. Paternity Leave (RA 8187)

Entitlement: 7 days paternity leave with full pay (private sector), subject to statutory conditions. Key points for the first six months:

No “one-year service” requirement. A probationary employee may qualify.
Applies to a married male employee (traditional coverage) whose legitimate spouse gives birth or suffers miscarriage, subject to conditions like cohabitation and notice.
Limited to the first four deliveries/miscarriages of the legitimate spouse.

C. Maternity Leave (RA 11210; expanded maternity leave)

Entitlement: Up to 105 days with pay for live childbirth (with options/conditions), plus additional provisions in specific cases (e.g., solo parent additional days; miscarriage coverage has a separate day count). Key points for the first six months:

This is largely implemented through SSS maternity benefit for private-sector employees who are SSS members.
Eligibility typically hinges on required SSS contributions within the prescribed look-back period, not on being regular vs probationary.
Many employees can qualify even if newly hired, if they have sufficient contributions (including from prior employment or self-employment), subject to SSS rules.

Practical note: Employers often “advance” maternity benefit and then get reimbursed by SSS (subject to compliance and documentation), but the legal mechanics can vary by circumstance.

D. SSS Sickness Benefit (SSS law and rules; DOLE/SSS implementing rules)

There is no universal statutory “paid sick leave” in the Labor Code for private-sector employees. However, SSS sickness benefit can function as income replacement when an eligible employee is unable to work due to sickness or injury.

Key points for the first six months:

Probationary employees may qualify if they meet SSS requirements (e.g., minimum contributions within the applicable period, minimum days of incapacity, proper notice, medical certification, etc.).
Employer notice/processing requirements matter: late or improper filing can reduce or jeopardize benefit.

This is distinct from company-paid sick leave. A company may or may not provide paid SL from day one, but SSS sickness is statutory (if qualified).

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

Entitlement: Up to 10 days leave (commonly understood as with pay for covered employees), with the possibility of extension when necessary, subject to legal conditions and documentation. Key points for the first six months:

No typical “tenure” prerequisite; it is tied to status as a victim and the need to attend to medical/legal/safety concerns.
Requires appropriate documentation consistent with the law (e.g., barangay/court/prosecutor/medical certification as applicable).

Because this is a protective measure, employers should not treat probationary status as a reason to deny it.

F. Special Leave for Women (Gynecological Surgery Leave) (RA 9710 – Magna Carta of Women)

Entitlement: A special leave benefit of up to two months with full pay for women employees who undergo surgery due to gynecological disorders, subject to statutory conditions.

Key points for the first six months:

This benefit includes a service requirement measured within a look-back period (commonly framed as a minimum period of continuous service in the last 12 months).
As a result, an employee approaching the 6-month mark may become eligible depending on exact timing and compliance with documentation and procedural requirements.

G. Solo Parent Leave (RA 8972, as strengthened by RA 11861)

Entitlement: 7 working days of parental leave per year (with pay), plus other expanded benefits under the strengthened law, for qualified solo parents.

Key points for the first six months:

The strengthened framework includes a minimum service requirement that can be met around the six-month point (often stated as at least six months of service).
Requires a valid Solo Parent ID and compliance with employer notice/policy consistent with the law.

This is one of the few statutory leaves where the six-month period is directly relevant.

3) The big one you usually do not get within the first six months: Service Incentive Leave (SIL)

Service Incentive Leave (Labor Code)

General rule: Employees who have rendered at least one year of service are entitled to 5 days service incentive leave with pay per year (unless exempt).

Implications for probationary employees:

Most probationary employees in their first six months have not yet reached the one-year threshold, so SIL is not yet legally demandable during that period.
Once the one-year mark is reached, SIL becomes due (subject to exemptions).

Common exemptions / non-coverage (context-dependent):

Government employees (covered by separate civil service rules)
Managerial employees (and certain officers)
Field personnel and employees whose hours cannot be determined with reasonable certainty
Those paid purely by results, as defined by applicable rules
Establishments already providing equal or better leave benefits may have different compliance structures (but must still meet minimum standards)

Because SIL is the Labor Code’s principal “paid leave credit” mandate, it’s the reason many employers legally provide no paid VL/SL in the first year unless company policy grants it.

4) Company policy leaves during probation: what’s allowed (and what’s risky)

A. Vacation leave and sick leave (company-granted)

In the private sector, paid VL and paid SL are generally not mandated by the Labor Code (separate from SIL after one year). Many employers still provide them as a benefit, but they may set rules such as:

accrual starting on hire date but usable after probation,
front-loaded credits after regularization,
prorated credits during probation,
stricter approval rules for probationers.

Best-practice legal constraints:

Policies must be clear, consistently applied, and not discriminatory.
If the benefit is in an employment contract, handbook, CBA, or has become an established company practice, the employer may be limited in withdrawing or selectively denying it.
Policies cannot undercut statutory benefits (e.g., you can’t “replace” maternity leave with “use your VL”).

B. Unpaid leave

Employers may allow unpaid leave during probation as a matter of policy or discretion. However:

Unpaid leave should not be used to evade statutory obligations or to punish employees for legally protected absences (e.g., maternity-related protections, VAWC-related absences).
Excessive or arbitrary denials can become an employee-relations and legal risk, especially if it results in constructive dismissal claims or discriminatory treatment.

5) Probationary employment and “attendance-based” regularization

Philippine law allows probationary employment (commonly up to six months) where the employee must meet reasonable standards made known at engagement. Attendance and punctuality can be part of standards, but employers must be careful:

Legally protected leaves/absences (maternity, paternity, VAWC leave, eligible SSS sickness, etc.) should not be treated as “misconduct” or “failure” if properly documented and compliant.
If an employer uses protected absences to justify non-regularization or termination, it may invite claims of illegal dismissal, discrimination, or retaliation—depending on facts.

6) Documentation and procedure: where probationary employees commonly get tripped up

A. Notice and medical certificates

For SSS sickness and for special statutory leaves, timely notice and proper medical/legal documentation matter. Employees should:

follow company call-in rules,
submit required certificates promptly,
keep copies of filings and approvals.

B. SSS/PhilHealth membership and contribution continuity

Eligibility for SSS maternity/sickness benefits depends heavily on contribution history. New hires should:

confirm that contributions are properly remitted,
verify their SSS number and records,
ensure prior employment contributions are reflected.

C. Solo Parent ID and renewals

Solo parent leave requires valid proof of status (Solo Parent ID, and supporting documents). Delays in obtaining the ID can delay practical access to the leave even if you already meet the service requirement.

7) Quick matrix: first six months, what you can typically claim

Usually available (if conditions are met):

Regular holiday pay / premium pay rules
Paternity leave (if qualified)
Maternity leave via SSS (if qualified)
SSS sickness benefit (if qualified)
VAWC leave (if qualified)
Special Leave for Women (possible as you near/meet the service requirement and meet medical conditions)
Solo parent leave (often once you meet the minimum service requirement and have Solo Parent ID)

Usually not yet legally demandable:

Service Incentive Leave (generally only after 1 year)

Depends on company policy/CBA/contract:

Paid vacation leave, paid sick leave, emergency leave, bereavement leave, birthday leave, etc.

8) Practical guidance for employers (compliance) and employees (self-protection)

For employers

Treat statutory leaves as non-negotiable when conditions are met—probationary status should not block them.
Publish probationary standards and ensure they do not penalize legally protected leave-taking.
Align handbook rules with SSS/DOLE requirements, especially on notice timelines and documentation.

For employees

Ask for the company’s written leave policy and probationary standards at hiring.
Keep a paper trail: requests, approvals, medical certificates, SSS forms, and HR acknowledgments.
If denied a statutory leave, request the reason in writing and compare it against the law’s conditions (often the issue is documentation, timing, or misclassification—not “probationary status”).

9) Bottom line

During the first six months, a probationary employee’s leave entitlements in the Philippines are best understood in two buckets:

Statutory leaves and benefits (maternity, paternity, VAWC leave, certain women’s special leave, SSS sickness, solo parent leave subject to its qualifying rules) — these are not supposed to be withheld solely because you are probationary.
Company-granted leaves (most paid VL/SL schemes, emergency leave, bereavement leave, etc.) — these are policy-driven and may be limited during probation unless the employer has promised them by contract, CBA, or established practice.

If you want, I can also provide sample policy clauses (probationary-friendly and legally safer) for a handbook section on leave administration in the first six months.