3.1.Commutation of Sick Leave
If the company, for three years, has granted andpaid the cash equivalent of unenjoyed portion of theSL, it may be deemed to have ripened into companypractice or policy which cannot be peremptorilywithdrawn.
Bottomline: SL/VLs and their conversion to cash arevoluntary, not statutory in character. Entitlement tothem, especially by a corporate executive, must beproved. In cases of a corporation, Board resolutionmust approve such grant before it can be taken intoeffect.
3.2.Rationale for accumulation andconversion
In CBAs, the rationale for the accumulation of leavecredits and their conversion to cash is aimed primarilyat encouraging workers to work continuously and withdedication for the company. It is also to lure theemployees to stay with the company. The basis of theconversion must be the LAST PREVAILING SALARYreceived by the employee.4.PATERNITY AND MATERNITY LEAVE
RA 8187 grants paternity leave of 7 days (not 7working days) with full day to all MARRIED maleemployees in the private and public sectors.
Available only for the first four deliveries of theLEGITIMATE spouse with whom the husband isCOHABITING.
Delivery: childbirth, miscarriage and abortion
Purpose: To enable the husband to lend support tohis wife during the period of recovery and/or in thenursing of the newly born child.
IRR sets conditions to make one entitled to suchpaternity leave benefit (sec. 3 of the IRR of RA 8187).a.Employee at the time of deliveryb.Is cohabiting with spouse at the time of delivery (birth or miscarriage but abortion isnot mentioned)c.Applied for paternity leave in accordance withSec 4d.His wife has given birth or suffered amiscarriage
Not convertible to cash when unused
Maternity leave benefit is granted under the socialsecurity law in relation to Art. 133 of the LC.5.PARENTAL (SOLO PARENT) LEAVE
RA 8972 Solo Parents’ Welfare Act
not more than 7 working days every year and tosolo parent employee who has rendered at least 1 yearof service
not more than 7 means that one-day leave is legalcompliance
cumulative total each year cannot exceed sevendays
it is in addition to the legally mandated leaves = SIL,SSS Maternity Leave, Paternity Leave
Conditions are also set to make one entitled to suchbenefit.a.Rendered at least 1 year of service, continuousor broken at the time of the effectivity of thisactb.Notified employer of availment withinreasonable timec.Present a Solo Parent ID to employer
not convertible to cash unless otherwise stipulated.Non-compliance of employer=damages
Other than the paid leave, the law grants otherbenefits such as educational benefit, flexible workschedule, and housing benefits.
5.1.“Solo Parent” Defined
a.Woman who gives birth as a result of rape orcrimes against chastity even without finalconviction. But the mother should keep andraise the childb.Left solo or alone with the responsibility due todeath of spousec.While the spouse is detained or servingsentence for a criminal conviction for at least 1yeard.Physical and/or mental incapacity of spouse ascertified by public medical practitionere.Legal separation or de facto separation fromspouse for at least 1 year. But he/she must beentrusted with the custody of the childrenf.Declaration of nullity or annulment of marriageas decreed by a Court or by a church. Buthe/she must be entrusted with the custody of the children.g.Abandonment of spouse for at least 1 yearh.Unmarried mother/father who has preferred tokeep and rear his/her child/ren instead of givingthem up to welfare institutions or to othersi.Any other person who solely provides parentalcare and support to a child/ren provided he/sheis duly licensed as a foster parent by the DSWDor duly appointed legal guardian by the court j.Any family member who assumes theresponsibility of head of family as a result of death, abandonment, disappearance orprolonged absence of the parents or soloparent. But such circumstances should last forat least 1 year
Children- living with and dependent upon the solorparent for support who are unmarried, unemployed andbelow 18 years old, or even 18 years old and above butare incapable of self-support because of mental and/orphysical defect or disability.6.BATTERED WOMAN LEAVE
for female employees only. For discussion, see Art.133 discussion.
1.COVERAGE AND DISTRIBUTION
Apply only to establishments collecting servicecharges including those entities operating primarily asprivate subsidiaries of the government.
Rule applies to all employees of covered employers,regardless of their positions, designations oremployment status. 85% shall be distributed to thecovered employees except managerial employees