Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific concerns or cases, it is best to consult a licensed Philippine labor attorney or the Department of Labor and Employment (DOLE).

Valid Reasons for Employee Absences Under Philippine Labor Law

Absenteeism, when justifiable, is generally excused or allowed under Philippine labor regulations. However, it must be grounded on valid reasons recognized by law and/or by an employer’s rules and policies. Below is an overview of the most common valid grounds for employee absences, as well as general legal considerations that employers and workers in the Philippines should be aware of.

1. Sickness or Disability

Personal Illness
- When employees are incapacitated due to sickness or injury, their absence is generally considered valid.
- Employees should notify the employer as soon as possible and, when required, present a medical certificate.
Occupational Disease or Work-Related Injury
- If the illness or disability is work-related, employees may be entitled to additional benefits under the Employees’ Compensation Program (Presidential Decree No. 626) and under the Social Security System (SSS) sickness benefit program.
Paid Sick Leaves
- Under the Labor Code, rank-and-file employees who have worked at least one year in an enterprise are entitled to five days of Service Incentive Leave (SIL) per year. These SIL days can be used for sick leave.
- Many employers, especially larger companies, offer more generous sick leave benefits than the statutory minimum.

2. Maternity Leave

Legal Basis
- Republic Act No. 11210 (the “Expanded Maternity Leave Law”) grants female workers 105 days of paid maternity leave for live childbirth, with an option to extend for an additional 30 days of unpaid leave.
- An additional 15 days of paid leave is granted to solo parents under Republic Act No. 8972 (the “Solo Parents’ Welfare Act”).
Scope
- It applies to every instance of pregnancy, whether a woman gives birth, suffers a miscarriage, or experiences an emergency termination of pregnancy.
- Female workers in both the private and public sectors are covered, as well as those in the informal economy, provided they meet the necessary SSS eligibility requirements (for private sector employees).

3. Paternity Leave

Legal Basis
- Republic Act No. 8187 (the “Paternity Leave Act”) provides male employees seven days of paid paternity leave for the first four deliveries (or miscarriages) of the legitimate spouse.
Eligibility
- Applicable only to married male employees, for the purpose of supporting the wife during childbirth or miscarriage.
- Employers generally require the husband to give advance notice (where practicable) and provide a copy of the marriage certificate and medical records for verification.

4. Solo Parent Leave

Legal Basis
- Republic Act No. 8972 (the “Solo Parents’ Welfare Act”) grants solo parents (those who qualify under the Act’s definition of solo parent) seven days of paid leave per year.
Eligibility Requirements
- Must have rendered at least one year of service (whether continuous or broken).
- Must present a Solo Parent ID issued by the local government unit (LGU) to the employer.

5. Leave Under the “Anti-Violence Against Women and Their Children” (VAWC) Act

Legal Basis
- Republic Act No. 9262 provides up to ten days of paid leave for women who are victims of violence or threats, such as physical, sexual, or psychological violence within the family or household.
Documentation
- The employee must submit a protection order or related document to her employer to claim this leave.

6. Bereavement or Compassionate Leave

Employer Policy
- Although not specifically mandated by the Labor Code for private sector employees, many companies voluntarily provide bereavement or compassionate leave as part of their internal policies.
- Depending on company policy, employees may use their Service Incentive Leave or vacation leave credits for bereavement purposes.
Public Sector
- Government employees (public sector) have specific rules under civil service regulations, including specified days for bereavement leave.

7. Special Leave for Women (Gynecological Disorders)

Legal Basis
- Republic Act No. 9710 (the “Magna Carta of Women”) requires employers to grant women with gynecological disorders up to two months of paid leave, provided they have undergone surgery for these conditions.
Eligibility
- At least six months of continuous service in the last 12 months.
- Must present medical documents verifying the need for surgery and recovery.

8. Service Incentive Leave (SIL) / Vacation Leave

Statutory Entitlement
- Article 95 of the Labor Code provides at least five days of Service Incentive Leave per year (for employees who have worked at least one year).
- This leave is typically used as sick or vacation leave, at the employee’s discretion, subject to employer policies on scheduling.
Employer-Granted Leaves
- Many companies offer more than the statutory five days of SIL, providing separate sick leave, vacation leave, and emergency leave credits.
- Employers must at least comply with the minimum requirement under the Labor Code.

9. Emergency or Force Majeure Situations

Typhoons and Other Natural Disasters
- In cases of severe weather warnings, floods, earthquakes, or other natural disasters, local government units (LGUs) may suspend work for safety reasons.
- If the LGU or national government officially suspends work, employees’ absences in compliance with these mandates are typically excused.
Public Health Emergencies
- During pandemics or localized outbreaks, DOLE or the local government may issue guidelines or quarantine measures that validate employee absence.
- Employers often implement remote work or flexible arrangements during these situations, if feasible.

10. Authorized or Official Leave

Training, Seminars, or Official Business
- If employees are sent on training or seminars, or are required to attend official business out of the office, any absence from their regular place of work on these days is considered “on leave” with pay.
Union or Labor-Related Activities
- Certain union-related activities may be covered by “union leave,” depending on the Collective Bargaining Agreement (CBA).

11. Other Special Leaves

Leave Under the Telecommuting Act (RA 11165)
While this law primarily governs work-from-home arrangements, some companies adopt internal policies granting specific leaves for remote workers in emergency cases.
Leave for Victims of Work-Related Accidents
If an employee is temporarily disabled due to a work-related accident, they may be entitled to paid leave or sickness benefit under the SSS and Employees’ Compensation Commission (ECC) programs.
Special Parental Leave or Family Responsibility Leave
Some CBAs or company policies may give employees additional days off to care for sick children, elderly parents, or other dependents. These are not mandated by law but may exist in practice.

12. Documentation and Notice Requirements

Documentation
- For most legally protected leaves (maternity, paternity, solo parent, VAWC leave, etc.), employees must provide supporting documents such as birth certificates, medical certificates, protection orders, or solo parent IDs.
Advance Notice
- The Labor Code and related regulations often require that employees give advance notice or file leave applications for foreseeable absences (e.g., maternity leave, planned surgeries).
- In emergencies, employees should notify the employer as soon as possible.

13. Consequences of Unjustified Absences

Disciplinary Action
- If an absence is not justified or approved, employees may be subject to disciplinary action per the company’s code of conduct and relevant DOLE regulations.
Abandonment of Work
- If an employee fails to report to work for an extended period without notice or valid reason, it could be treated as abandonment of work, a just cause for termination under Article 297 (formerly 282) of the Labor Code.

14. Employer Best Practices

Clear Written Policies
- Employers are encouraged to draft and disseminate clear attendance and leave policies, including procedures for filing leaves, notice requirements, and necessary documentation.
Compliance with Statutory Requirements
- Companies must at least comply with labor law requirements on leaves. Providing more generous benefits is allowed and can boost employee morale and retention.
Employee Education
- Employers should ensure that employees understand their leave entitlements, documentation procedures, and disciplinary consequences for non-compliance.
Coordination with DOLE
- For guidance on how to handle cases not covered in standard regulations, employers can consult DOLE or review existing labor advisories.

15. Summary

Under Philippine labor laws and regulations, employees have multiple valid reasons for absences—ranging from illness and maternity/paternity obligations to emergencies and mandated leaves under specific statutes like the Magna Carta of Women or the Solo Parents’ Welfare Act. Employers should be aware of these rights and ensure their attendance policies align with the Labor Code and related laws. Employees must likewise meet documentary and notice requirements to substantiate their absences.

By staying informed of the legal grounds and best practices, both employers and employees can maintain a fair, compliant, and productive work environment.

Disclaimer: This article provides a general overview and may not capture every nuance of Philippine labor law. For specific cases, consult an attorney or the Department of Labor and Employment (DOLE) for professional advice.