Vacation Leave Sample Policy in Relation to Discipline; Sample Leave FormAtty Elvin
Vacation leave as a benefit is not mandated by the Labor Code. What is provided is the Service Incentive Leave (SIL). Both are of the same nature in a sense that they allow qualified employee to be absent with pay.
Service incentive leave (SIL) benefit grants five (5) days of absence with pay to qualified employees. The basis of SIL is Article 95 of the Labor Code providing the right to service incentive leave to every employee who has rendered at least one year of service with five days with pay.
See re-numbered Labor Code 2018 Edition by Atty. Elvin B. Villanueva per R.A. 10151 and DOLE DA 01, Series of 2015
Such provision however, shall not apply to those who are already enjoying the benefit herein. Those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit.
The grant of benefit in excess cannot be made a subject of arbitration or any court or administrative action.
Under the Implementing Rules and Regulations, the SIL shall not apply to the following:
(a) Those of the government and any of its political subdivisions, including government-owned and controlled corporations;
(b) Domestic helpers and persons in the personal service of another;
(c) Managerial employees as defined in Book Three of the Labor Code;
(d) Field personnel and other employees whose performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof;
(e) Those who are already enjoying the benefit herein provided;
(f) Those enjoying vacation leave with pay of at least five days; and
(g) Those employed in establishments regularly employing less than ten employees.
The term “at least one-year service” means service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year.
Employers can provide leave benefits in excess of five (5) days and come up with policies on its availment. Vacation leave benefits of ten (10) days or even 30 days in some companies are provided.
Sample Leave Form
Sample Policy on Absences in relation to discipline
The sample below is based on the book How to Design and Formulate Company Code of Discipline
Employees who have rendered one year of service shall be entitled to vacation leave of fifteen (15) days which will be earned at 1.25 days per month. Thus, authorized absence shall be limited only to the maximum number of leave credits earned. Employees who desire to avail of vacation leave shall fill out the leave form one (1) calendar week prior to the intended date of absence for approval of the immediate superior.
The immediate superior shall decide on the application within two (2) days from receipt of the application. Leave applications filed less than one calendar week prior to the date of absence shall be immediately disapproved. Absence taken on disapproved leave applications shall be considered as unauthorized absence and the employee shall be considered on absence without official leave (AWOL).
Likewise, absence without the corresponding leave applications shall be considered as AWOL. Employees who are on AWOL shall suffer the corresponding salary deduction or without pay and disciplinary sanction.
Employees who are on approved vacation leave who desire to extend their absence shall file another leave form for the same period. Employees who are on authorized absence for less than two (2) weeks are disqualified from application for extension of vacation leave.
Vacation leave extension form shall be filed electronically using the company’s form online.
Absence without leave (AWOL) of less than four (4) days within a month
First Offense – Written Warning
Second Offense – Stern Warning
Third Offense – 7 days suspension
Fourth Offense – 15 days suspension
Unauthorized absences of over four (4) days in a month
First Offense – Stern Warning
Second Offense – 2 days suspension
Third Offense – 15 days suspension
Fourth Offense – 30 days suspension
Related topics: Service Incentive Leave of Resigned Employee