Effects of Absence the Day Before the Regular Holiday
All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regular holiday. (Section 6, a, Rule VI, Omnibus Rules to Implement the Labor Code)
Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if they do not work on such regular holiday. (Section 6, a, Rule VI, Omnibus Rules to Implement the Labor Code)
Where there are two (2) successive regular holidays, like Holy Thursday and Good Friday, an employee may not be paid for both holidays if he absents himself from work on the day immediately preceding the first holiday, unless he works on the first holiday, in which case he is entitled to his holiday pay on the second holiday. (Section 10, Rule VI, Omnibus Rules to Implement the Labor Code)
An employee is usually on absence without pay in any of the following cases:
- The employee is not yet entitled to leave benefit
- The employee is entitled to leave benefit but the leave is unauthorized
- The employee is entitled to leave benefit but has no more leave credits
- The employee is entitled to leave benefit but did not follow the required procedure or policy of the company
- The employee is entitled to leave benefit, filed the leave form, but it was not approved
- The employee is entitled to leave benefit but is serving suspension as a penalty as a result of disciplinary action
For the monthly-paid employee, usually only the 100% pay equivalent is deemed paid in the monthly salary. The holiday pay premium is given only when the employee actually works on such regular holiday.
Thus, when the monthly-paid employee fails to report for work or is on leave of absence without pay during a regular holiday he does not get the additional 100%. In the case of special day, he does not get the 30% premium.
Nonetheless, the additional premium applies only to employees who are covered which are generally rank-and-file employees.