Overview of Leave Policies in the Philippines

The leave policy in the Philippines ensures employees receive adequate time off for personal, family, and health-related reasons. Understanding these entitlements helps maintain a balanced and productive work environment while ensuring legal compliance. This guide offers an overview of key leave policies in the Philippines. Employers looking to hire employees from the Philippines, whether through an Employer of Record (EOR) or other means, must be well-versed in these regulations for effective workforce management.

Key Takeaways:

• Service Incentive Leave (SIL): 5 days of paid leave per year after one year of service, usable for vacation or sick purposes.
• Public Holidays: Regular holidays are paid; special non-working holidays are unpaid unless worked.
• Sick Leave: Not statutorily mandated; SSS sickness benefits apply for qualifying employees.
• Maternity Leave: 105 days paid under RA 11210, with eligibility tied to SSS contributions.
• Paternity Leave: 7 days paid under RA 8187 for legally married fathers cohabiting with the mother.
• Solo Parent Leave: 7 days under RA 11861.
• VAWC Leave: 10 days under RA 9262 for women victims of violence.
• Special Leave for Women: 2 months under the Magna Carta of Women for gynecological surgery.
• Bereavement Leave: Not statutory; typically offered by employers as a company benefit.

This guide offers an overview of key leave policies in the Philippines. Employers looking to hire employees from the Philippines, whether through an Employer of Record (EOR) or other means, must be well-versed in hiring remote workers in the Philippines and these regulations for effective workforce management.

Annual Leave (Vacation)

Employees in the Philippines are entitled to a minimum of 5 days of Service Incentive Leave (SIL) per year after completing one year of service, under Article 95 of the Labor Code. This statutory leave can be used for vacation or sick purposes.

Many employers offer additional vacation leave by company policy, going beyond the statutory minimum. In the absence of a carryover policy, any unused leave must be compensated.

Public Holidays

Holiday Observance

• If a regular holiday falls on a Sunday, it will be observed on the following Monday.
• Regular holidays are paid non-working days.
• Special holidays are unpaid non-working days, but if worked, employees must be paid.

Holiday Pay Rates

• Work on regular holidays: Additional 100% of the daily rate for the first 8 hours and an additional 260% of the hourly rate for overtime.
• Work on special non-working holidays: 150% of the daily rate for the first 8 hours and an additional 195% of the hourly rate for overtime.

Religious Holidays

• Some religious holidays are determined by the lunar cycle and will be marked as 'Tentative' until confirmed closer to the date.

2024 Holidays in the Philippines

Sick Days

There is no legal obligation to offer paid or unpaid sick leave in the Philippines. Workers may use their annual leave days for illness. Many employers establish their own sickness policies that exceed statutory requirements.

SSS Sickness Benefit Eligibility:

• Employees must have contributed to the Social Security System (SSS) for at least 3 months within the previous 12 months.
• Eligible employees can claim 90% of their average daily salary if hospitalized for more than 3 days.
• Employers make the initial payment once the employee has exhausted their paid sick leave allowance.
• Employers are then reimbursed by the Social Security System.

Special Leave for Women (Gynecological Disorders):

• Available to female employees with at least six months of continuous service.
• Entitlement is two months of fully paid leave for treatment or surgery of gynecological disorders.
• A medical certificate must be submitted to qualify.

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Maternity Leave

• Female employees in the Philippines are entitled to 105 calendar days of paid maternity leave for live childbirth under RA 11210 (Expanded Maternity Leave Law), regardless of length of service.
• Eligibility for the maternity leave benefit is tied to SSS contributions: at least 3 monthly contributions in the 12 months before childbirth or miscarriage.
• Single mothers are entitled to an additional 15 days, for a total of 120 calendar days of maternity leave.
• Eligible employees receive a daily maternity leave benefit equal to 100% of their average daily salary.
• The employer makes the initial payment and is reimbursed by the SSS up to a maximum of PHP 70,000.
• Mothers have the option to take an additional 30 days of unpaid maternity leave.
• Employees must inform their employer of their pregnancy and expected due date at least 30 days before the intended leave date.
• A medical certificate must be provided to support the leave application.

Paternity Leave

• Under RA 8187, paternity leave applies to legally married fathers cohabiting with the mother, for up to the first four deliveries.
• Eligible fathers are entitled to 7 calendar days of paid paternity leave from the child's birth date.
• The employer makes the payment, which is reimbursed by the Social Security System.
• The mother can transfer up to 7 days of her paid maternity leave benefit to the child's father.
• This transfer can be made regardless of whether the parents are married or not.

Parental Leave

Single parents in the Philippines who have completed at least one year of service are entitled to 7 working days of paid parental leave each year to care for children under 18.

Solo Parent Leave

Under RA 8972, as amended by RA 11861 (Expanded Solo Parents Welfare Act), solo parents who have completed at least one year of service are entitled to 7 working days of paid parental leave per year. This leave supports solo parents in fulfilling caregiving responsibilities for children under 18, or for those with disabilities regardless of age. A Solo Parent Identification Card issued by the local government is required to qualify.

VAWC Leave

Under RA 9262 (Anti-Violence Against Women and Their Children Act), women employees who are victims of violence are entitled to 10 days of paid leave. This leave covers medical, legal, and other necessary actions related to the violence experienced. The leave is in addition to other paid leave entitlements and may be extended when necessary, as specified in a protection order. A certification from the appropriate authority (barangay, prosecutor, or court) is required to support the leave application.

Special Leave for Women

Under the Magna Carta of Women (RA 9710), female employees who have rendered at least six months of continuous service are entitled to a Special Leave Benefit of two months with full pay. This leave covers surgery for gynecological disorders. A medical certificate from a competent physician is required to qualify.

Bereavement leave

Employees in the Philippines are granted three days of bereavement leave when an immediate family member passes away. Immediate family members include a spouse, child, parent, grandparent, sibling, or in-laws.

Leave Policy Management in the Philippines with Gloroots

At Gloroots, we recognise managing leave policies, especially when expanding internationally, can be challenging. Our platform ensures compliance with Philippine labor laws, tracks leave balances, processes requests, and generates detailed reports. Partner with Gloroots to focus on business growth while we handle employee leave administration. Learn more about the benefits of EOR and contact us to see how Gloroots can support your operations in the Philippines.

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