(Philippine legal article; practical + compliance-focused)

1) Why this issue is uniquely tricky in the Philippines

In the Philippines, “leave” sits at the intersection of:

Statutory entitlements (some leaves are mandated by law and cannot be withheld if requirements are met),
Company-granted benefits (many common leaves—especially “sick leave” and “vacation leave”—exist mainly by policy, CBA, or practice, not by statute),
Discipline and due process (attendance abuse can be a just cause ground, but only if handled with evidence, fairness, and correct procedure),
Employment classification (irregular/non-regular arrangements affect how leave accrues and whether continued absences jeopardize contract completion or regularization).

The result: you can control leave abuse—but you must do it in a way that avoids illegal dismissal, discrimination, constructive dismissal, retaliation, or failure to grant mandatory benefits.

2) Who are “irregular employees” in Philippine practice?

Philippine law does not commonly use “irregular employee” as a formal classification. In workplace usage, it usually refers to non-regular or not-yet-regular employees such as:

Probationary employees
Casual employees (hired for work not usually necessary/desirable in the employer’s business, or for a limited duration)
Project employees (hired for a specific project or phase; employment ends upon project completion)
Seasonal employees (work is seasonal by nature; may become regular seasonal if repeatedly rehired for the same season over time)
Fixed-term employees (employment for a definite period, if validly set)
Agency-hired workers (employed by a legitimate contractor; end-user must still observe legal boundaries)

Why classification matters for leave abuse cases:

A probationary employee’s attendance may be a performance/fitness issue relevant to regularization standards.
A project or fixed-term employee’s repeated absences can affect deliverables but termination still cannot be arbitrary or retaliatory.
A casual employee may or may not reach the “one year” threshold for certain benefits, but can still be disciplined for fraud/abuse.

3) The legal baseline: what leave is actually mandated by Philippine law?

A. Service Incentive Leave (SIL) – the “default” statutory leave

Under the Labor Code, employees who have rendered at least one year of service are entitled to 5 days SIL with pay per year, unless the employee or employer falls under recognized exemptions (and many employers voluntarily grant similar or better leave anyway).

Key practical points:

SIL is often treated as convertible into cash if unused (commonly at year-end or upon separation, depending on policy and applicability).
SIL becomes relevant when an “irregular” employee accumulates sufficient service to meet the one-year threshold (including repeated renewals or continuous service).

B. Leaves under special laws (cannot be refused if conditions are met)

These are the leaves that, when properly invoked, should generally be approved (subject to documentation requirements allowed by law/policy):

Maternity leave (Expanded maternity leave law; typically 105 days, with special rules for solo mothers and extension options)
Paternity leave (typically 7 days for qualified employees)
Solo parent leave (typically 7 working days; coverage/qualifications are governed by the Solo Parents Welfare Act, as amended)
VAWC leave (leave for victims under the Anti-VAWC law; typically 10 days, extendible as provided by law/court, subject to qualifying documentation)
Special leave for women (Magna Carta of Women; typically up to 2 months with pay after qualifying gynecological surgery, subject to conditions)

Critical principle: Excessive filings that fall under these statutes must be handled as a verification and administration issue, not as misconduct per se, unless there is fraud, falsification, or bad faith.

C. What is not generally mandated (but commonly granted)

Sick leave beyond SIL is typically policy/CBA-based (though employees may access SSS sickness benefits if qualified).
Vacation leave beyond SIL is policy/CBA-based.
“Emergency leave,” “birthday leave,” etc. are purely company-granted.

This distinction is the core of lawful management: you may deny or condition policy-based leave (reasonable notice/documentation) more freely than statutory leave—but you must do so consistently, non-discriminatorily, and in good faith.

4) Employer rights vs. employee rights: the governing balance

Philippine labor law recognizes management prerogative—including setting rules on attendance, leave approval, scheduling, and operational requirements—as long as:

The rules are reasonable,
Communicated clearly (preferably in writing),
Implemented uniformly,
Not used to defeat labor standards or special-law rights,
Not applied in a discriminatory or retaliatory way,
Due process is observed where discipline is imposed.

5) The compliance-first way to define “excessive leave” (without creating legal risk)

A common mistake is defining abuse as “too many leaves.” A safer approach is to define abuse indicators, for example:

A. Pattern-based indicators (objective, documentable)

Repeated leaves adjacent to weekends/holidays
Recurrent absences on paydays, shift bids, or peak days
Excessive same-day filings or repeated “emergency” claims without verification
Frequent absences after being scheduled for unpopular shifts
“Sick leave” patterns without medical support (especially if policy requires a certificate after X days)

B. Conduct-based indicators (stronger for discipline)

Dishonesty (false reason, fake medical certificate, misrepresentation)
Falsification of documents
Willful disobedience of lawful leave/attendance procedures (e.g., no call/no show)
Gross and habitual neglect of duties shown by chronic absenteeism causing failure to perform work
AWOL patterns (unreported absences)

Legally, discipline is strongest when it is tied to misconduct/dishonesty/procedural violation, not merely the quantity of leave.

6) Designing a leave system that withstands NLRC scrutiny

A defensible system usually includes:

A. Clear leave categories

Statutory leaves (maternity, paternity, solo parent, VAWC, special leave for women)
SIL and company leave credits (VL/SL/others)
Unpaid leave (excused but not credited)
Unexcused absence / AWOL

B. Filing and notice rules (reasonable + realistic)

Advance filing for planned leave (e.g., VL)
Call-in rules for sudden illness (time window; who to contact; required info)
Documentation thresholds:
- medical certificate after X consecutive days or if patterned,
- fit-to-work clearance when medically necessary,
- police/barangay/court documentation for VAWC leave if required by your policy consistent with law

C. Operational discretion rules

State that approval depends on staffing needs for policy-based leaves
Define “blackout dates” for peak operations (with exceptions for statutory leaves)

D. Progressive discipline ladder tied to attendance offenses

Example structure (tailor to your Code of Conduct):

Verbal/written coaching
Written warning
Final warning + suspension
Termination (if justified and proportionate)

Important: “One-size-fits-all termination” is risky. In labor cases, proportionality and consistency matter.

7) Handling irregular/non-regular categories: what changes?

A. Probationary employees

You can lawfully set attendance and reliability as regularization standards if:

Standards are made known at the time of engagement (e.g., in the probationary contract/handbook acknowledgment), and
Non-regularization is based on failure to meet standards or just cause, and
Due process is followed.

Practical approach: If leaves are legitimate (e.g., statutory or medically supported), treat it carefully—probationary status is not a license to penalize legally protected absences. But if there is repeated non-compliance (no call/no show) or dishonesty, probationary termination is more defensible.

B. Project employees

Employment ends upon project completion; you can discipline for cause during the project.
Chronic absence can be framed as gross and habitual neglect, willful disobedience, or an analogous cause, but evidence must show impact and pattern.

C. Fixed-term employees

You generally cannot end the contract early without just cause (or valid contract grounds).
If absences are excessive but not fraudulent, consider operational solutions (temporary replacement, schedule changes) rather than impulsive termination.

D. Casual/seasonal employees

Casual employees may still be entitled to certain benefits depending on service length and applicable laws/policies.
Seasonal workers may develop regular seasonal status if repeatedly engaged; consistent leave policy application becomes even more important.

8) When can an employer deny a leave application?

A. Statutory leaves

If an employee is qualified and submits required documentation, denial is generally not appropriate. The proper response is:

verify compliance,
request permissible supporting documents,
record the leave correctly,
plan staffing around it.

B. SIL and company leaves

For SIL/company leave, employers typically may:

require reasonable notice,
require documentation for sick-related absences,
schedule leave usage in a way that balances business needs,
deny leave when staffing exigencies exist—but must still ensure employees ultimately receive statutory minimums where applicable (e.g., allowing SIL use or cash conversion consistent with law/policy).

C. Unpaid leave

Unpaid leave is largely discretionary unless tied to a statutory right or a company policy that effectively promises it. Denials should be consistent and justified.

9) “Excessive leave filings” vs. “attendance abuse”: the legally safer framing

A best-practice approach separates the cases into three buckets:

Bucket 1: Legitimate leave (statutory or supported)

Approve.
Track.
Plan coverage.
Avoid retaliation.

Bucket 2: Policy-based leave misuse (procedural)

Examples: late filing, wrong channel, incomplete requirements.

Treat as procedural non-compliance: counsel, warn, impose proportionate penalties if repeated.
Consider approving as unpaid (excused) while disciplining the procedure violation.

Bucket 3: Fraud/dishonesty/serious violations

Examples: fake med cert, fabricated emergency, seen traveling while on “bed rest” with contradictory evidence.

Investigate.
Issue notices.
Consider fraud/dishonesty as a strong just cause ground (and potentially loss of trust/confidence where applicable).

10) Investigation and documentation: what wins (or loses) labor cases

A. Build a clean evidentiary record

Attendance logs, leave forms, timestamps, chat/email filings
Medical certificates and verification steps (without harassing the employee)
Supervisor incident reports (dated, specific, factual)
Comparative treatment records (to show consistency)

B. Avoid “gotcha” investigations

No illegal surveillance.
No public shaming.
No discriminatory remarks (pregnancy, disability, mental health, gender-based assumptions).

C. Handle medical/privacy properly

You may require medical certificates consistent with policy, but keep medical data:

limited-access,
securely stored,
used only for legitimate HR purposes.

11) Discipline and termination: lawful pathways and common pitfalls

A. Potential just cause anchors for chronic abuse

Depending on facts, employers often anchor discipline on:

Willful disobedience (violating lawful, reasonable attendance/leave rules)
Serious misconduct (if conduct is grave and work-related)
Fraud / dishonesty (false claims, falsified documents)
Gross and habitual neglect of duties (chronic absenteeism that is habitual and harmful)
Analogous causes (company rules on attendance that are reasonable and consistently applied)

Note: The more you rely on “habitual absenteeism,” the more you need:

pattern evidence (frequency, duration),
proof of operational impact,
proof that the employee was warned and given a chance to correct.

B. Due process: the “two-notice rule” (non-negotiable)

For just cause discipline/termination, the generally accepted framework is:

First notice: specific charge(s), factual narration, rule violated, directive to explain
Reasonable opportunity to respond (commonly at least 5 calendar days in practice) and a chance to be heard
Second notice: decision, basis, penalty, effectivity

Skipping due process can convert an otherwise valid cause into a losing case (or at least liability).

C. Preventive suspension (use cautiously)

If the employee’s continued presence poses a serious and imminent threat to life/property or company operations, preventive suspension may be used—but it must be justified and time-bounded.

D. Proportionality matters

Terminating someone for repeated “improper filing” without prior warnings is risky. Termination is most defensible when the conduct is:

repeated despite progressive discipline, or
fraudulent/dishonest, or
operationally severe and well-documented.

12) Practical playbook: a step-by-step response to excessive leave filings

Step 1: Classify the leave

Statutory? SIL? Company leave? Unpaid? AWOL?

Step 2: Check eligibility and documents

Statutory leaves: confirm qualifications, accept proper documents, approve.
Sick-related: apply your medical certificate rules consistently.

Step 3: Identify patterns and impact

frequency, timing, repeat triggers,
missed deliverables,
overtime/coverage costs.

Step 4: Use coaching first (where appropriate)

A documented coaching session can be powerful:

clarify expectations,
offer support (schedule adjustments, referral to clinic, etc.),
warn about consequences.

Step 5: Apply progressive discipline

Escalate penalties based on:

repeated procedural violations,
no call/no show,
misrepresentation.

Step 6: Investigate red flags

If fraud is suspected:

gather objective proof,
allow explanation,
avoid assumptions.

Step 7: Decide proportionate sanction + observe due process

warning / suspension / termination depending on severity.

13) Sample policy clauses (adaptable)

A. Medical certificate rule

“A medical certificate is required for sick leave of two (2) consecutive workdays or more, or for patterned sick leave indicative of potential abuse, subject to reasonable application and consistent enforcement.”

B. Call-in / notice rule

“Employees must notify their immediate supervisor/HR through approved channels at least ___ hours before shift start when unable to report for work, except in emergencies where notice must be given at the earliest opportunity.”

C. Operational discretion for company leave

“Approval of vacation leave is subject to staffing requirements. The Company may defer the schedule of leave when necessary for business exigencies, provided statutory benefits are not diminished.”

D. Attendance offenses matrix

Define:

excused absence (with/without pay),
unexcused absence,
AWOL thresholds,
corresponding sanctions.

14) High-risk mistakes to avoid

Denying or discouraging statutory leave (maternity/VAWC/solo parent, etc.)
Treating all absences as misconduct without distinguishing protected leaves
Inconsistent enforcement (selective discipline invites discrimination claims)
No written standards for probationary regularization
Skipping due process (no proper notices/hearing opportunity)
Overreliance on “management prerogative” without reasonableness and documentation
Medical privacy violations or humiliating verification practices

15) Quick HR/legal checklist

✅ Is the leave statutory or policy-based?
✅ Is the employee qualified and properly documented?
✅ Are rules written, acknowledged, and reasonable?
✅ Are similar cases treated similarly?
✅ Do you have attendance data showing a pattern?
✅ Did you coach/warn before escalating (unless fraud)?
✅ Are you following the two-notice due process steps?
✅ Is the penalty proportionate to the offense?

16) Bottom line

Managing excessive leave filings by non-regular employees is less about “stopping leave” and more about building a system that:

protects statutory rights,
controls policy-based leave through reasonable rules,
targets abuse through evidence and progressive discipline, and
uses due process to make sanctions (including termination) legally defensible.

If you want, I can also draft:

a model Attendance & Leave Policy (Philippine-compliant structure),
a progressive discipline matrix for absences/AWOL,
and template notices (NTE/first notice and decision/second notice) customized for probationary vs. project vs. fixed-term scenarios.