1) The big picture: “six months” is important—but not for leave, most of the time

In Philippine labor practice, six (6) months most commonly matters because it is the usual maximum probationary period in the private sector. Many employees assume that once they hit six months, they automatically gain “vacation leave” (VL) and “sick leave” (SL). That assumption is usually wrong under Philippine law.

For most private-sector employees, paid vacation leave and paid sick leave are not generally mandated by statute after six months. What the law clearly mandates (as a general rule) is the Service Incentive Leave (SIL)—and SIL generally becomes legally demandable only after one (1) year of service, not after six months.

That said, company policy, employment contracts, CBAs, and industry practice often grant VL/SL earlier than the law, including at six months or even on Day 1. Those benefits are enforceable once promised, even if not required by statute.

2) Private sector: What the law actually requires

A. Service Incentive Leave (SIL): the baseline statutory leave

SIL is the main leave benefit required by the Labor Code for many private-sector employees.

General rule

5 days leave with pay per year, called Service Incentive Leave (SIL).
Becomes due after at least one (1) year of service.
It is meant to cover personal needs and is commonly allowed to be used as either “vacation” or “sick” leave in practice.

Key point for “after six months”

At six months, SIL is generally not yet legally demandable, because the one-year service threshold has not been met.

B. Who may be excluded from SIL coverage (common exemptions)

Certain categories of employees are commonly treated as not entitled to SIL under implementing rules and long-standing practice, such as:

Government employees (covered by Civil Service rules, not Labor Code SIL)
Managerial employees
Field personnel (in the technical sense—those whose hours of work cannot be determined with reasonable certainty)
Employees who are already enjoying an equivalent benefit (e.g., at least 5 days paid leave per year or more under company policy/CBA)

Practical consequence: some employees receive VL/SL under company policy, so the employer may treat that as compliance with (or substitution for) SIL.

C. Can SIL be converted to cash?

As a general rule, unused SIL is commutable to cash, typically computed based on the employee’s daily rate (often the basic daily wage, depending on company practice and payroll structure). Many employers cash it out at year-end or upon separation if unused.

3) Private sector: Vacation Leave (VL) and Sick Leave (SL) are usually contractual, not statutory

A. VL and SL are usually not required by law

In most private employment, there is no general law that requires employers to provide separate paid VL and paid SL. What many employees call “VL/SL” typically exists because of:

An employment contract
A company handbook/policy
A Collective Bargaining Agreement (CBA)
A consistent and established company practice over time

Once granted by policy/contract/practice, it becomes a benefit that can be enforced, and employers generally cannot reduce or withdraw it unilaterally in a way that violates labor standards on benefits and non-diminution of benefits principles (context-dependent and fact-specific).

B. What typically happens at “six months” in real workplaces

Many companies design benefits like this:

Probationary period (up to 6 months): limited or prorated leave
Upon regularization (around 6 months): full VL/SL grant, or increased leave credits
Annual grant: replenished every calendar year or work anniversary

Legally, this structure is allowed, as long as it does not undercut minimum labor standards (and again, minimum statutory paid leave in the private sector is usually SIL after one year, not VL/SL after six months).

4) Probationary employment, regularization, and how it affects leave

A. Regularization often occurs at six months, but not always

The common rule is that probationary employment should not exceed six months.
If you continue working after the probationary period without a valid extension (rare and must be justified), you are typically treated as regular by operation of law.

B. Does regularization automatically create leave entitlements?

Not automatically, unless:

The company’s policy ties leave credits to regular status, or
The contract/handbook states you receive VL/SL upon regularization

So, six months may be crucial because it triggers company policy—not because a statute says “you now have VL/SL.”

5) Sick leave when you’re not entitled to paid SL: what protections still exist?

Even if you don’t have paid SL under company policy yet, you may still have support through:

A. Using SIL (once eligible) for sickness

Once you have SIL (after one year, generally), many employers allow it to be used for illness.

B. SSS Sickness Benefit (private sector)

For covered employees, the Social Security System (SSS) provides a cash sickness benefit under qualifying conditions. Common features include:

Payable for sickness or injury causing inability to work
Typically requires a minimum number of SSS contributions and proper notice
Often requires that the employee be unable to work for at least a minimum number of days (commonly associated with longer incapacity, such as confinement or medically supported inability to work)
Employers commonly advance the benefit, then get reimbursed by SSS (depending on compliance and SSS rules)

This is not “company sick leave”—it is a social insurance benefit. It can matter a lot for employees within their first year, since statutory SIL may not yet be available.

C. PhilHealth and other health coverage

PhilHealth generally provides healthcare/hospitalization coverage rather than functioning like a general cash “sick leave” bank. Many employees also have HMO coverage depending on employer policy.

D. Termination and discipline considerations

An employer cannot lawfully terminate an employee simply for being sick in a way that violates due process and substantive grounds rules. However:

Frequent absences may be managed under company policies and performance/attendance rules,
Employers may require medical certificates and compliance with notice procedures,
Long-term illness can raise more complex legal issues (fitness to work, accommodation, safety-sensitive roles, etc.).

6) Special leaves that can apply even before one year (and those that require a service period)

These are separate from VL/SL/SIL. Some apply regardless of tenure; others require a minimum service period.

A. Maternity leave (private sector)

Granted under the maternity leave law framework (with conditions for entitlement and benefit computation, often coordinated with SSS).
Applies to qualified female workers; not dependent on “six months employed” as a general rule, but rather on statutory conditions (including contributions/coverage and compliance).

B. Paternity leave

Generally available to qualified married male employees for the first four deliveries/miscarriages of the legitimate spouse (subject to the governing framework and conditions).
Not typically dependent on one-year service, but conditions apply.

C. Special Leave Benefit for Women (gynecological surgery)

A paid leave benefit for qualified women employees who undergo surgery due to gynecological disorders.
Often requires a service history condition (commonly expressed as a minimum period of service within a look-back period). This is one of the few leaves where “six months” can be relevant depending on the statutory condition.

D. VAWC leave (Violence Against Women and Their Children)

Leave for women employees who are victims of VAWC, subject to legal requirements and documentation.

E. Solo Parent Leave

Commonly requires at least one (1) year of service before entitlement accrues.

Bottom line: “six months employed” is not a universal trigger. Each special leave has its own rules.

7) Government employees: a completely different system

If you work in the government, leave is governed by Civil Service Commission (CSC) rules rather than the Labor Code SIL framework.

Common baseline concept:

Government employees typically earn vacation and sick leave credits (often on a monthly accrual basis), subject to specific rules for your appointment type (permanent, casual, contractual), agency policies, and CSC regulations.
Teachers and certain roles have special treatment (e.g., vacation service credits).

So, if you’re asking “after six months” in government, you’re usually asking about:

How much leave credit has accrued after six months of service, and
Whether you can use it already, and under what conditions

These are determined by CSC rules and agency practice, not Labor Code SIL.

8) What “you are entitled to” after six months—practically, what to check

A. Read the documents that actually control VL/SL in your job

For private-sector employees, your real answer is almost always in:

Employment contract / job offer (look for leave entitlement tables and when they start)
Employee handbook / HR policy (probationary vs regular leave rules)
CBA (if unionized)
Company practice (how leave has consistently been granted to similarly situated employees)

B. Look for these common patterns

“VL/SL granted upon regularization”
“Leave credits accrue monthly but can be used after 3/6 months”
“Probationary employees have unpaid leave only, except emergencies”
“SIL is deemed satisfied by our VL/SL policy”

C. Don’t overlook “conversion to cash” and separation pay issues

If your employer grants VL/SL and allows cash conversion or final-pay inclusion, the policy should say when unused leave is paid out.
For SIL, commutation is a common feature if unused.

9) Common misconceptions (and the accurate framing)

Misconception 1: “After six months, I automatically get 5 days SIL.” Not usually. SIL generally becomes due after one year of service.

Misconception 2: “Sick leave is required by law.” In general private employment, separate paid sick leave is usually not mandated. What exists is typically policy-based, plus social insurance support like SSS sickness benefit if qualified.

Misconception 3: “If the company calls it VL/SL, it’s optional and can be removed anytime.” Not necessarily. Once leave benefits become part of the employment terms (contract, CBA, handbook, consistent practice), they can become enforceable and may be protected against improper withdrawal or reduction depending on the facts.

10) Practical next steps if you think you’re being denied leave improperly

Ask HR in writing which policy governs leave for probationary vs regular employees, and request the relevant excerpt.
Compare treatment with similarly situated employees (same role/status/tenure).
Keep records: payslips, handbook versions, leave ledgers, emails/approvals, and any medical certificates.
If it appears your employer is violating minimum standards or reneging on promised benefits, consider seeking help through the DOLE mechanisms or consult a labor lawyer—especially if the dispute involves regularization, policy withdrawal, or dismissal risk.

Summary: What you “have” after six months

Private sector: There is generally no automatic statutory VL/SL just because you hit six months. SIL is the key statutory leave, and it is generally after one year, unless you’re exempt or already receiving equivalent leave. At six months, your entitlements usually depend on company policy/contract/CBA.
Sick-related support: Even without paid SL, you may have access to SSS sickness benefit (if qualified), and employer policies may allow unpaid sick leave with documentation.
Government: Leave entitlements follow CSC rules, typically via leave credit accrual, not the Labor Code SIL framework.

If you paste your company’s leave policy text (or the relevant section of your contract/handbook), I can translate it into a plain-language explanation of exactly what you’re entitled to at the six-month mark and how to assert it properly.