Legal Requirements for Filing Leave of Absence in the Philippines

Introduction

In the Philippine legal framework, the concept of "Leave of Absence" (LOA) encompasses various forms of time off from work that employees may avail themselves of, either as entitlements under labor laws or as discretionary privileges granted by employers. The primary governing law is the Labor Code of the Philippines (Presidential Decree No. 442, as amended), supplemented by specific Republic Acts (RAs), Department of Labor and Employment (DOLE) issuances, and relevant jurisprudence from the Supreme Court and labor tribunals. These laws aim to balance employee welfare with operational needs of employers, ensuring fair labor practices while promoting work-life harmony.

A Leave of Absence can be paid or unpaid, mandatory or voluntary, and short-term or extended. Filing an LOA is not merely a formality; it is a legal requirement to maintain employment records, prevent unauthorized absences (which could lead to sanctions like dismissal for abandonment), and ensure compliance with statutory benefits. Employers are prohibited from denying entitled leaves, but employees must adhere to procedural requirements to avoid disputes.

This article comprehensively explores the legal requirements for filing LOAs in the Philippines, categorized by type of leave. It covers eligibility criteria, filing procedures, required documentation, timelines, employer obligations, and potential remedies for violations. Note that while core laws apply nationwide, company policies may impose additional (but not contradictory) requirements, and collective bargaining agreements (CBAs) in unionized workplaces can enhance benefits.

General Principles Governing Leave of Absence

Before delving into specific types, several overarching principles apply:

Notification and Approval: Employees must notify their employer in advance, except in emergencies. The Labor Code (Article 82) implies reasonable notice to avoid disrupting operations. DOLE Department Order No. 147-15 emphasizes that leaves should be filed "as soon as practicable."
Form and Documentation: Most employers require a standardized LOA form, available from HR departments. Supporting documents (e.g., medical certificates) must be authentic; falsification can result in dismissal under Article 297 of the Labor Code.
Timelines: Advance filing is ideal (e.g., 5-30 days for planned leaves), but retroactive filing is allowed for unforeseen events like illness.
Non-Diminution Rule: Employers cannot reduce statutory leave benefits (Article 100, Labor Code).
Record-Keeping: Employers must maintain leave records for at least three years (DOLE rules).
Consequences of Non-Compliance: Unauthorized LOA may be treated as Absence Without Official Leave (AWOL), leading to progressive discipline: verbal warning, written reprimand, suspension, or termination after due process (two-notice rule under DOLE guidelines).
Special Considerations: Leaves during probationary periods are allowed if statutory. For overseas Filipino workers (OFWs), POEA/OWWA rules may apply additionally.

Types of Leaves and Their Filing Requirements

1. Service Incentive Leave (SIL)

Overview: 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 is commutable to cash if unused at year-end or upon separation.

Eligibility: Non-managerial employees in private sector; excludes government workers (covered by CSC rules), managerial staff, field personnel, and those already enjoying similar benefits.

Duration and Pay: 5 days, fully paid (basic wage).

Filing Requirements:

Submit a written LOA request to the supervisor or HR at least five (5) days in advance for planned absences.
No specific form mandated by law, but employers often provide one detailing dates, reason, and contact information.
For illness-related SIL, a medical certificate from a licensed physician is required if the absence exceeds three (3) days.
Emergency SIL can be verbal initially, followed by written confirmation within 24-48 hours.

Documents Needed:

LOA form signed by the employee.
Proof of one-year service (e.g., payroll records, if disputed).
Medical certificate (if applicable).

Employer Obligations: Approve unless operational exigency; track unused SIL for commutation. Denial without cause can lead to DOLE complaints for unpaid benefits.

Special Notes: SIL is cumulative but not convertible to cash during employment unless company policy allows. In cases of force majeure (e.g., typhoons), it may not apply.

2. Maternity Leave

Overview: Republic Act No. 11210 (105-Day Expanded Maternity Leave Law) provides extended paid leave for female employees in cases of pregnancy, miscarriage, or emergency termination.

Eligibility: All female employees, regardless of civil status or employment type (regular, probationary, contractual), who have contributed to SSS.

Duration and Pay: 105 days for normal delivery/miscarriage; 120 days for cesarean; additional 30 days (unpaid) at employee's option; 60 days for miscarriage/emergency termination. Fully paid via SSS maternity benefits (average daily salary credit).

Filing Requirements:

Notify employer at least 30 days before the expected delivery date, or as soon as pregnancy is confirmed.
File with SSS via the employer for benefit processing.
For extended absences, submit a return-to-work plan if needed.

Documents Needed:

Maternity Notification Form (SSS MAT-1), signed by employer.
Proof of pregnancy (ultrasound or doctor's certification).
Birth certificate or medical report post-delivery.
SSS contribution records.

Employer Obligations: Allocate leave without deduction from other benefits; provide a light-duty option if requested. Advance payment if SSS delays, reimbursable later.

Special Notes: Solo mothers get an extra 15 days paid under RA 8972. Adoption-related maternity leave is available under RA 1161.

3. Paternity Leave

Overview: RA 8187 grants married male employees paid leave to support their spouse during/after childbirth.

Eligibility: Legally married male employees in private/public sector; cohabitation without marriage disqualifies.

Duration and Pay: 7 working days, fully paid.

Filing Requirements:

Notify employer within a reasonable time before/after birth (ideally 1-2 weeks in advance).
Can be availed up to 4 children.

Documents Needed:

Marriage certificate.
Birth certificate of child.
Affidavit of paternity (if needed).

Employer Obligations: Grant without prejudice to employment status.

Special Notes: Non-transferable; unused portions lapse.

4. Parental Leave for Solo Parents

Overview: RA 8972 (Solo Parents' Welfare Act) provides additional leave for solo parents.

Eligibility: Solo parents (unmarried, widowed, separated) with custody of child/ren under 18.

Duration and Pay: 7 working days annually, paid.

Filing Requirements:

Apply for Solo Parent ID from DSWD first.
Submit LOA request with reason (e.g., child care).

Documents Needed:

Solo Parent ID.
Birth certificate of child.
Proof of custody.

Employer Obligations: Cannot deny based on gender or status.

5. Special Leave for Women (Gynecological Disorders)

Overview: RA 9710 (Magna Carta of Women) allows leave for surgery related to gynecological disorders.

Eligibility: Female employees who undergo surgery for such disorders.

Duration and Pay: Up to 2 months, paid (SSS sickness benefit).

Filing Requirements:

Notify employer pre-surgery if possible.
File with SSS.

Documents Needed:

Medical certificate specifying disorder and surgery.
Hospital records.

Employer Obligations: Facilitate SSS claims.

6. Vacation and Sick Leave (Non-Statutory)

Overview: Not mandated except SIL, but common in company policies (e.g., 15 days vacation, 15 sick per year).

Eligibility: Per company handbook or CBA.

Duration and Pay: Varies; usually paid.

Filing Requirements:

Advance notice (e.g., 15 days for vacation).
Medical certificate for sick leave >3 days.

Documents Needed:

LOA form.
Doctor's note for illness.

Employer Obligations: Consistent application; no forced leave without pay unless justified.

7. Other Leaves

Bereavement Leave: Not statutory; company-discretionary (3-5 days typical).
Emergency/ Calamity Leave: DOLE allows during disasters; filing post-event.
Study Leave: For government employees under CSC; private sector per policy.
Union Leave: Per CBA for official duties.
VAWC Leave: RA 9262 allows 10 days unpaid for victims of violence.
Extended/Unpaid LOA: For personal reasons; requires employer approval, no pay, but job protection if <6 data-preserve-html-node="true" months (per jurisprudence).

Dispute Resolution and Remedies

If an LOA is wrongfully denied or mishandled:

File a complaint with DOLE Regional Office for mediation.
Escalate to National Labor Relations Commission (NLRC) for arbitration.
Remedies include back pay, reinstatement, or damages.
Supreme Court cases (e.g., Abbott Labs v. NLRC) emphasize due process in LOA-related terminations.

Employer Best Practices

Develop clear LOA policies in employee handbooks.
Use digital systems for tracking.
Train HR on laws to avoid liabilities (fines up to PHP 50,000 per violation).

Conclusion

Filing a Leave of Absence in the Philippines is rooted in protective labor laws, ensuring employees can address personal needs without jeopardizing employment. Compliance requires proactive communication, proper documentation, and mutual respect between parties. Employees should consult DOLE or legal counsel for case-specific advice, as laws evolve (e.g., recent proposals for mental health leave). Adhering to these requirements fosters a equitable workplace, aligning with the constitutional mandate for social justice in labor relations.