Category Archives: Leaves and Holidays

Ebooks on Night Shift and Overtime Pay and Leave Benefits

Title:    All you need to know about… Employee Leave Benefits Leave Benefits Ebook

 Synopsis:     “Leave Benefits” refer to absences an employee is allowed to take for various reasons, authorized by law.  It is called a benefit because ordinarily, an employee who avails of a leave benefit is entitled to go on leave and still get paid while on a time off.  Otherwise, all other absences may not be paid by the employer under the “No Work, No Pay” policy of labor laws.

The new book on leave benefits by Atty. Elvin B. Villanueva is a compact yet complete guide on Leave Benefits and is available in ebook form, which makes it even easier to read. 

With an ebook, you save time when looking for what you need and get the exact legal provisions because everything that you need to know has been sifted, lifted and packaged in this electronic pocket guide. This book is also ideal for people on the go. 

 Author Atty. Elvin Villanueva discusses the topic complete with the latest laws and rules and cites actual cases decided by the Supreme Court,  in a language easily understood by the ordinary reader.   

Ebook Topics:  

  • Service Incentive Leave,
  • Maternity,
  • Paternal,
  • Gynecological leave,
  • VAWC leave and other employee leave benefits required by law. 

 Price:  Php397.00 per eBook, ordered and  delivered online. Click here to order your copy.

Author:  Atty. Elvin Villanueva, LVS Publishing

Also available, Ebook on Night Shift and Overtime Pay. Click here to order your copy.

When an Employee with Undertime Works on Overtime

Should an employee who reported late for work and ended up working past his regular working schedule be paid overtime?

This is the usual question I get from employers who feel that the employee should make up for being late by extending his hours of work on the same day.

Philippine labor law prohibits the offsetting of undertime by rendering overtime.

In a case, the Supreme Court had the chance to decide on a similar situation and said that the undertime employee is still entitled to overtime pay.  When undertime is offset against the overtime, the employee is ‘made to pay’ twice for his undertime hours. This is because the employee’s leave credits are reduced to the extent of the undertime hours while he is made to pay for the undertime hours with work beyond the regular working hours.  Clearly, this is not a fair situation for the employee, even when the undertime is his fault.

The proper approach should be to deduct the undertime hours from the available leave credits of the employee and to pay the employee overtime for the extended hours of work. 

If the employee has consumed his leave credits, his undertime hours may be deducted from his salary, but he should still be paid his overtime compensation for work performed beyond his regular working hours. (NATIONAL WATERWORKS and SEWERAGE AUTHORITY, vs.  NWSA CONSOLIDATED UNIONS, ET AL.)

Parental Leave for Solo Parents (RA 8972)

Single parents may be alone in raising their children, but Philippine Labor law provides some relief for them in the Parental Leave for Solo Parents Act.

“Parental leave” under this law refers to leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

Who may avail of this benefit:

Any solo parent or individual who is left alone with the responsibility of parenthood due to:

1.  Giving birth as a result of rape or, as used by the law, other
crimes against chastity;
2.  Death of spouse;
3.  Spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year;
4.  Physical and/or mental incapacity of spouse as certified by a
public medical practitioner;
5.  Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she is entrusted with the custody of the children;
6.  Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided, that he/she is entrusted with the custody of the children;
7.  Abandonment of spouse for at least one (1) year;
8.  Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution;
9.  Any other person who solely provides parental care and support to a child or children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and
10.  Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.
 
The Parental Leave Benefit:  The parental leave is an additional benefit which  shall be for seven (7) working days every year, with full pay, consisting of basic salary and mandatory allowances. 
 
Conditions for Entitlement

 
A solo parent employee shall be entitled to the parental leave under the following conditions: 
 
1.   He/she has rendered at least one (1) year of service, whether continuous or broken;
2.   He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
3.   He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
 
Other important notes:
  •  This benefit is not convertible to cash if not availed of by the employee.
  •  Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under RA 8972.
  • A change in the status or circumstance of the parent claiming the benefit under the law, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for this benefit.
 

Rules on Paternity Leave (RA 8187)

Male employees in the private sector are entitled to a paternity leave under the following conditions:

  • The new father must be legally married to the mother of the newborn child
  • He is an employee at the time of birth or miscarriage
  • He is cohabiting with his wife at the time she gives birth or suffers a miscarriage
  • He has applied for paternity leave within a reasonable time from the expected date of delivery of his pregnant wife or within such period as provided by company rules or by collective bargaining agreement
  • His wife has given birth or suffered a miscarriage

Non conversion to cash:  If the employee does not avail of the paternity leave, this benefit is not convertible to cash nor is it cumulative.

Usage AFTER delivery: While application of paternity leave must be made before the delivery, it can only be used AFTER the delivery of the child, unless company rules allow prior usage.

Duration of paternity leave:  7 Calendar days with full pay, consisting of basic pay and mandatory allowances.

Limits:  This benefit is applicable to the first four (4) deliveries of the spouse of the employee with whom he is cohabiting.