(Philippine legal and HR framework for private-sector and government employment)

1) What “Leave of Absence” means in Philippine practice

In the Philippines, “leave of absence” (LOA) is an umbrella term used in workplaces to describe authorized time away from work. Philippine law does not treat LOA as a single, uniform entitlement. Instead, LOA can be:

A statutory leave (granted by law; generally a right if requirements are met), or
A contractual/policy leave (granted by company policy, collective bargaining agreement, or management discretion), or
A government service leave (governed by Civil Service rules for public-sector employees).

Because of this, the correct legal answer to “Is LOA approved?” depends on what kind of leave it is, which sector you belong to, and whether you meet legal/policy conditions.

2) Two key sectors with different rulebooks

A. Private sector (Labor Code and special laws)

Private-sector employment is mainly governed by:

The Labor Code (including implementing rules),
Special leave laws (maternity, paternity, VAWC leave, etc.),
Company policies and CBA provisions (if unionized),
Employment contracts and consistent company practice.

B. Government service (Civil Service Commission rules + special laws)

Government employees’ leave is primarily governed by Civil Service Commission (CSC) rules, agency policies, and applicable special laws. Leave types, accruals, and documentary requirements can differ significantly from private employment.

3) The basic legal split: “Leaves you can demand” vs “Leaves you request”

A. Leaves that are generally entitlements (non-discretionary if qualified)

If an employee meets the legal conditions and provides the required documentation, the employer/agency generally must grant the leave (subject to lawful verification). Examples include maternity leave, paternity leave, VAWC leave, solo parent leave, and legally recognized sick leave benefits under SSS rules (benefit qualification is separate from internal approval).

B. Leaves that are generally discretionary (approval depends on policy/management)

Examples: “personal LOA,” “study break,” “extended travel,” “burnout leave” (if not tied to a statutory category), “career break,” “unpaid extended leave,” or “leave beyond legal minimums.” These usually depend on:

Company/agency policy,
Operational needs,
Your role and staffing coverage,
Past practice and fairness/consistency.

Important: Even discretionary leave must be handled consistently and non-discriminatorily (e.g., not denied due to pregnancy, sex, union activity, disability, or retaliation for asserting rights).

4) Private-sector leave types: approval, pay, documentation

4.1 Service Incentive Leave (SIL) — Labor Code baseline

What it is: A minimum of five (5) days leave with pay per year for qualified employees. Eligibility: Generally for employees who have rendered at least one (1) year of service, subject to exemptions under law/rules (certain establishments/employee classes may be excluded depending on coverage). Approval: Generally should be granted when requested, subject to reasonable scheduling. Pay: Paid at the employee’s daily rate (company computation rules apply). Documentation: Usually none for vacation/personal SIL unless policy requires notice; for sick usage, a medical certificate may be required by policy.

4.2 Sick leave (company policy) + SSS sickness benefit (statutory cash benefit)

A) “Sick leave” as a paid leave

Unlike SIL, paid sick leave is not universally mandated as a stand-alone minimum benefit in the private sector (many employers provide it by policy/CBA). Approval: Usually policy-based; employers can require timely notice and medical proof. Pay: If your company grants paid sick leave, it’s employer-paid.

B) SSS Sickness Benefit (cash benefit)

Separately, qualified private-sector employees may be entitled to SSS sickness benefit if requirements are met (e.g., sufficient contributions, proper notice, and qualifying illness/injury and confinement period under SSS rules). Approval: The employer typically verifies, receives notice, and processes/advances the benefit following SSS rules. Pay source: SSS-funded cash benefit (often advanced by employer then reimbursed, depending on the rule set and situation). Documentation: Medical certificate, clinical abstracts, confinement documents, and SSS forms/requirements.

Practical point: You can be on unpaid LOA from the company and still qualify for SSS sickness cash benefit if SSS conditions are satisfied.

4.3 Maternity leave — Expanded Maternity Leave Law

What it is: Statutory maternity leave with a longer leave period (commonly referenced as 105 days, with an additional 15 days for solo parents, and an allocation mechanism in some cases), subject to the law’s conditions and implementing rules. There is also leave coverage for miscarriage/emergency termination, subject to legal rules. Approval: Generally a right if qualified and properly notified. Pay source: Typically SSS maternity benefit (with employer processing/advancing obligations under the framework), subject to eligibility and compliance. Documentation: Proof of pregnancy/expected delivery, MAT-1/notifications (as required), childbirth proof (birth certificate/medical record), solo parent proof if claiming additional days, and employer forms.

Compliance tip for employers: A denial based on stereotypes (“baka hindi na bumalik,” “mahirap mag-assign”) creates serious legal exposure.

4.4 Paternity leave — Paternity Leave Act

What it is: Seven (7) days paternity leave with pay for qualified male employees in the private sector, tied to legal requirements (legitimate spouse, childbirth/miscarriage conditions, etc. as defined by law and rules). Approval: Generally a right if qualified and properly notified. Pay: Employer-paid “full pay” as defined by implementing rules and company payroll structure. Documentation: Marriage proof (if required), proof of pregnancy/childbirth (medical certificate/birth certificate), notice/application.

4.5 Solo Parent leave — Solo Parents Welfare law (as amended)

What it is: Seven (7) working days leave per year for qualified solo parents, subject to conditions. Approval: Generally a right upon qualification and documentation. Pay: Typically with pay (per law). Documentation: Solo Parent ID and supporting documents required by LGU/DSWD process; employer may require presentation and periodic revalidation depending on validity.

4.6 VAWC leave — for victims of violence against women and their children

What it is: A statutory leave of up to ten (10) days (with pay) for qualified women employees who are victims of violence, with possible extensions depending on circumstances (often handled via court/agency needs and workplace policy). Approval: Generally a right upon proper proof. Pay: Paid leave (statutory). Documentation: Documents can include barangay/court/prosecutor/police records or certifications consistent with the law and privacy-sensitive handling.

Privacy note: Employers should limit access to documents and apply strict confidentiality protocols due to safety risks.

4.7 Special Leave for Women (gynecological surgery) — Magna Carta of Women

What it is: A special leave benefit for qualifying women employees after gynecological surgery, typically described as up to two (2) months with pay, subject to legal requirements and medical certification. Approval: Generally a right if qualified. Pay: With pay under statutory terms. Documentation: Medical certificate, operative record/clinical abstract, and other proofs as required.

4.8 Leave beyond statutory minimums (vacation leave, bereavement, study leave, sabbatical, mental health days)

These are policy-based in the private sector unless anchored to a specific law. Approval: Discretionary within the bounds of company policy, CBA, and fairness/non-discrimination. Pay: Depends on policy (paid/unpaid/partially paid). Documentation: Depends on policy (death certificate for bereavement, school proof for study leave, etc.).

5) Government service leave: the common framework (high level)

Government leave is generally more codified and accrual-based. Common types include:

Vacation Leave (VL) and Sick Leave (SL) accrual,
Maternity/Paternity leave (with government rules),
Special Privilege Leave (limited days for personal milestones),
Solo Parent Leave (if qualified),
VAWC Leave (if qualified),
Special Emergency Leave (often for calamities/disasters affecting the employee),
Rehabilitation privilege (for injury recovery, subject to rules),
Study leave and other agency-authorized leaves,
Terminal leave (monetization upon separation, subject to eligibility).

Approval & documentation are typically form-driven, with clear approving authorities, deadlines, and documentary checklists, and are audited more strictly than many private-sector setups.

6) Approval rules: what employers can require (and what they shouldn’t)

6.1 Reasonable notice and filing

Employers/agencies may require:

Advance filing for planned leaves (vacation, scheduled surgery),
Immediate notice for emergencies (sudden illness, accident),
Filing within a set period after return (common for sick/emergency leave).

6.2 Medical verification

It is generally lawful to require a medical certificate for sick leave, especially when:

Leave exceeds a threshold (e.g., 2–3 consecutive days),
Patterns suggest abuse (subject to fair handling),
The role is safety-sensitive.

But: Employers should avoid demanding unnecessary medical details. A certificate confirming fitness/unfitness for work and duration is often sufficient.

6.3 “Approval” vs “verification”

For statutory leaves, the employer’s role is often:

Verify completeness and authenticity, and
Process payroll/SSS paperwork, not to deny arbitrarily.

6.4 Non-discrimination and anti-retaliation guardrails

Denying or penalizing lawful leave can trigger liability, including:

Money claims (unpaid benefits),
Administrative penalties (depending on the law),
Constructive dismissal/illegal dismissal exposure if leave issues become termination-related,
Damages in appropriate cases.

7) Pay rules: who pays and what “with pay” usually means

7.1 Three common pay structures

Employer-paid leave (e.g., SIL, paternity, VAWC leave, many company VL/SL policies)
Social insurance-funded benefit (e.g., SSS sickness and maternity benefits, subject to eligibility)
Unpaid leave (typical for discretionary LOA beyond policy credits)

7.2 “No work, no pay” and lawful exceptions

Philippine wage principles generally follow “no work, no pay,” except where:

A law grants paid leave, or
A contract/CBA/company policy grants paid leave, or
A benefit (SSS) applies.

7.3 Effect on other pay items (practical payroll consequences)

13th month pay: computed based on basic salary actually earned during the calendar year; unpaid leaves usually reduce the base.
Allowances and incentives: depends if they are considered “regular/guaranteed” or “conditional.”
SSS/PhilHealth/Pag-IBIG contributions: if there’s no salary during unpaid LOA, contribution handling depends on payroll and agency rules; gaps can affect benefit qualification in some cases (especially for SSS cash benefits which are contribution-sensitive).

8) Documentation: what is commonly required (by leave type)

8.1 General LOA documentation (most workplaces)

Leave application form (paper or HRIS)
Dates and reason category
Contact details while on leave (optional but useful)
Endorsement/coverage plan (handover notes)
Manager approval + HR notation

8.2 Medical-related leave documentation

Medical certificate stating diagnosis category (as necessary), recommended rest period, and fitness status
For confinement/surgery: hospital records, clinical abstract, official receipts where needed for benefit processing
Fit-to-work clearance (especially after prolonged illness or safety-sensitive roles)

8.3 Maternity documentation (typical)

Employer notice within required period
Pregnancy proof / expected delivery date documentation
Birth certificate or hospital proof after delivery
Solo Parent documentation if claiming additional benefits

8.4 Paternity documentation (typical)

Notice and leave dates
Proof of spouse’s childbirth (medical certificate/birth certificate)
Marriage proof (depending on employer’s checklist)

8.5 Solo Parent leave documentation (typical)

Solo Parent ID (and validity)
Employer’s leave form
Revalidation documents if required by ID validity or policy

8.6 VAWC leave documentation (typical, privacy-sensitive)

Barangay/court/prosecutor/police documentation or certification accepted under the law/rules
Leave form with minimal necessary details
Confidential handling protocol (restricted access)

9) Extended LOA and job security risks: abandonment, AWOL, and due process

9.1 AWOL vs approved leave

Approved LOA: authorized absence; discipline generally inappropriate if conditions met.
AWOL: absence without authority/approval; may be subject to discipline.

9.2 Abandonment (private sector) is not just “absent”

Philippine labor doctrine typically requires two elements:

Failure to report for work without valid reason, and
Clear intent to sever the employer-employee relationship.

Employers usually must still observe due process (notices and opportunity to explain) before termination.

9.3 Return-to-work issues

Employers may require:

Fit-to-work clearance (for health-related absences),
Updated work restrictions (if applicable),
Reintegration planning (especially after long LOA).

But employers should be careful not to use “medical clearance” as a pretext to block lawful returns.

10) Practical “approval-proof” LOA filing checklist (employee-side)

To reduce denial/delay, submit:

Correct leave category (statutory vs policy LOA)
Exact dates and whether inclusive/exclusive of rest days/holidays
Notice timing (as early as possible; immediate for emergencies)
Medical/official proof (only what’s required)
Handover plan (tasks, contacts, deadlines)
Benefit forms (SSS filings if applicable)
Return-to-work plan (especially for long LOA)

11) Employer compliance essentials (policy design in Philippine context)

A legally resilient leave policy typically includes:

A leave matrix: type → eligibility → pay source → required documents → approver → filing deadlines
Separate tracks for statutory leaves (must grant if qualified) vs discretionary LOA
Clear confidentiality rules (especially VAWC and medical data)
Consistent rules on:
- Minimum notice,
- Medical certificate thresholds,
- “Fit-to-work” requirements,
- Leave conversion/monetization rules (if applicable),
- Payroll treatment and 13th month impact.
A dispute path: supervisor → HR → grievance machinery (and CBA steps if unionized)

12) Remedies and dispute forums (where issues typically go)

DOLE/NLRC (private sector): money claims, benefits disputes, illegal dismissal/constructive dismissal cases, labor standards enforcement paths.
Company grievance/CBA machinery (if unionized).
CSC / administrative processes (government service): leave disallowances, administrative cases, and audit-related issues.

13) Bottom-line rules you can rely on

Not all LOAs are the same: some are legal entitlements; others are discretionary.
If the leave is statutory and you qualify, “approval” is mainly verification—not a free choice to deny.
Pay depends on the leave type: employer-paid vs SSS benefit vs unpaid.
Documentation matters: incomplete/late filings are the most common lawful basis for delays and disputes.
Extended absence must be managed: unauthorized absence can become a disciplinary case, but termination still requires legal standards and due process.

If you want, tell me whether you’re asking from a private-sector or government perspective and what kind of LOA (medical, maternity, personal unpaid, etc.), and I’ll map the exact approval/pay/document steps in a clean checklist format for that scenario.