Sick leave based on employer’s generosity

Dear PAO,
I am a teacher in a private school for about 2 years. I would like to ask how many sick leave days an employee is entitled to. The school said that we are only entitled to a service incentive leave.
Ms. Mars

Dear Ms. Mars,
The sick leave in your query is not mandated by law and which employees may demand from their employers. As such, if the same is given, it is based on the employer’s generosity or liberality or the agreement between the employer and the employee which may be reflected in their Collective Bargaining Agreement (CBA).

What the law provides is the service incentive leave which is 5 days for a period of one year. Article 95 of the Labor Code of the Philippines mandates every employer to provide service incentive leave to its employees, to wit:

“Art. 95. Right to service incentive leave.
(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor after considering the viability or financial condition of such establishment.
(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.”

The term “at least one year of service” shall mean service within 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 (Section 2, Rule V, Rules Implementing the Labor Code).

The Service Incentive Leave if not used or exhausted shall be commutable to its money equivalent at the end of the year (Section 5, Rule V, Rules Implementing the Labor Code).

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to “mailto:dearpao@manilatimes.net” dearpao@manilatimes.net.