LEGAL CASE: I have been working for a certain company since last year and when I inquired about my annual leave benefit, our HR told me I have already used it when I took my maternity leave in July.
I was shocked because I know for a fact that the annual leave is different from maternity leave which is 45 days.
I am also concerned that our company did not pay my maternity leave because I have not completed my one year when I gave birth.
They told me I can only have paid leave after a year. Additionally, my unlimited contract with our company is still temporary even though my visa with them is already two years. This situation prohibits me from taking full benefits like paid leave, sick leave, maternity leave, flight ticket and housing allowance.
ANSWER: According to Article 30 of the Labor Code, maternity leave shall not be computed as part of any other leaves that an employee is entitled to under the law:
Article 30: A working woman is entitled to maternity leave with full pay for a period of forty five days including the time before and after delivery, provided that her continuous period of service with the employer should not be less than a year, but if a working woman has not completed the said period, the maternity leave shall be with half pay.
Leave provided in the preceding two paragraphs shall not be computed as part of other leaves.
Thus, your employer should grant your annual leave despite the fact that you have taken your maternity leave.
Moreover, since you have worked for at least 1 year, you are entitled to a maximum of 45 days paid maternity leave. Even if you have not completed a year, you would still be entitled to 45 days of maternity leave with half pay.
The rules on annual leave is provided under Article 75 of the Labour Code, to wit:
Article 75: The employee must be granted an annual leave during each year of service which may not be less than:
- Two days per month in respect of any employee with more than six months and less than one year of service.
- Thirty days per annum in respect of any employee whose period of service exceeds one year. In the event of termination of an employee’s service, he shall be entitled to an annual leave for the fractions of the last year of service.
Regularization of employment is upon completion of your probationary period of up to 6 months. You should be entitled to the benefits similar to the regular employees in your company after this period:
Article 38: The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration.
Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
Legal Advice from Atty. Bong Cendana, is a legal consultant at Gulf Law. He specializes on immigration and labor laws.