How Many Days of Leave Am I Entitled To? (Philippines)
Philippine employees are entitled to 5 days of Service Incentive Leave (SIL) under Art. 95 of the Labor Code, plus special leaves under various laws.
Under Philippine law, all rank-and-file employees who have worked at least one year are entitled to a minimum of 5 days of paid Service Incentive Leave (SIL) per year under Article 95 of the Labor Code. Beyond this baseline, several special laws provide additional leave entitlements for specific situations — maternity, paternity, solo parent, violence against women, and more. Many employers also offer additional leave days through company policy.
Service Incentive Leave (SIL) — 5 Days
Legal basis: Labor Code, Article 95
Every employee who has rendered at least one year of service is entitled to 5 days of SIL per year with full pay. SIL is a general-purpose leave — it can be used as sick leave, vacation leave, or for any personal reason. Key rules:
- Unused SIL is commutable to cash at the end of the year (Art. 95, Sec. 2)
- Employers may grant more than 5 days through company policy, CBA, or employment contract — but never less
- Employers who already provide 5 or more days of vacation leave or sick leave (or a combination) are deemed compliant with the SIL requirement
Who Is Exempt from SIL?
Article 95 exempts certain workers:
- Employees of establishments regularly employing fewer than 10 workers
- Domestic workers (covered separately by RA 10361)
- Personal service workers (those providing personal service to another person)
- Managerial employees (those who set and execute management policies)
- Field personnel whose hours cannot be determined with reasonable certainty
Maternity Leave — 105 Days
Legal basis: Republic Act No. 11210 (Expanded Maternity Leave Law of 2019)
All female workers in the private sector — regardless of civil status or legitimacy of the child — are entitled to:
| Situation | Paid Days | Unpaid Extension |
|---|---|---|
| Live childbirth (normal or cesarean) | 105 days | 30 days (optional) |
| Solo mothers (live childbirth) | 120 days (105 + 15) | 30 days (optional) |
| Miscarriage or emergency termination | 60 days | — |
Who pays? The maternity benefit is paid by SSS (Social Security System), not the employer, based on the employee's MSC. The employer advances the pay and is reimbursed by SSS.
An additional feature of RA 11210: the mother may allocate up to 7 days of her maternity leave to the child's father or an alternate caregiver.
Paternity Leave — 7 Days
Legal basis: Republic Act No. 8187 (Paternity Leave Act of 1996)
Every married male employee is entitled to 7 days of paid paternity leave for the first four (4) deliveries of his lawful wife. The leave must be used within a reasonable period from the date of delivery.
- Applies only to married male employees
- Covers the first four deliveries (or miscarriages)
- Paid by the employer (not SSS)
Solo Parent Leave — 7 Days
Legal basis: Republic Act No. 8972 (Solo Parents' Welfare Act of 2000)
Any employee who qualifies as a solo parent under the law is entitled to 7 working days of paid parental leave per year, in addition to other leave entitlements. To qualify:
- The employee must be a solo parent as certified by the DSWD or the barangay
- Must have rendered at least one year of service (whether continuous or broken)
- The child must be living with and dependent on the solo parent
VAWC Leave — 10 Days
Legal basis: Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
Women employees who are victims of violence (physical, sexual, psychological, or economic abuse) are entitled to 10 days of paid leave in addition to other leave entitlements. The leave is:
- Extendible as needed upon recommendation by the barangay or court
- Granted upon presentation of a barangay protection order, temporary/permanent protection order, or police report
- Available regardless of length of service
Special Leave for Women — 60 Days
Legal basis: Republic Act No. 9710 (Magna Carta of Women, Section 18)
Female employees who undergo surgery caused by gynecological disorders are entitled to a special leave benefit of up to 2 months (60 days) with full pay, provided they have rendered at least 6 months of continuous aggregate service in the last 12 months.
Leave for Victims of Disasters — Varies
While there is no permanent statutory leave for natural disasters, DOLE has issued labor advisories during major calamities (typhoons, earthquakes) directing employers to implement flexible work arrangements and not deduct from employees' leave or salary for absences caused by force majeure.
Company Policy May Provide More
The leaves listed above are statutory minimums. Many Philippine companies provide additional leave days through their company handbook or CBA, including:
- Vacation leave — Commonly 10-15 days/year
- Sick leave — Commonly 10-15 days/year
- Birthday leave — 1 day
- Bereavement leave — 3-5 days
- Mental health leave — Increasingly offered, though not yet mandated by law
If your company's total leave benefits (vacation + sick + other) already exceed the 5-day SIL requirement, the company is compliant with Article 95 even without calling any leave "SIL" specifically.
Summary Table
| Leave Type | Days | Legal Basis | Who Pays |
|---|---|---|---|
| Service Incentive Leave (SIL) | 5 days/year | Labor Code Art. 95 | Employer |
| Maternity Leave | 105 days | RA 11210 | SSS |
| Paternity Leave | 7 days (first 4 deliveries) | RA 8187 | Employer |
| Solo Parent Leave | 7 days/year | RA 8972 | Employer |
| VAWC Leave | 10 days | RA 9262 | Employer |
| Special Leave for Women | Up to 60 days | RA 9710 | Employer |
Related Guides
- Employee Leave Entitlements in the Philippines 2026 — Comprehensive HR guide with compliance requirements
- Philippine Payroll Compliance Guide — End-to-end checklist for employers
- Probationary Employment Guide — Leave entitlements during probation
Legal References
- Labor Code of the Philippines (PD 442, as amended) — Article 95 (Service Incentive Leave)
- Republic Act No. 11210 — Expanded Maternity Leave Law of 2019
- Republic Act No. 8187 — Paternity Leave Act of 1996
- Republic Act No. 8972 — Solo Parents' Welfare Act of 2000
- Republic Act No. 9262 — Anti-Violence Against Women and Their Children Act of 2004
- Republic Act No. 9710 — Magna Carta of Women (Section 18, Special Leave)
This guide is for informational purposes only and does not constitute legal, tax, or financial advice. While we strive for accuracy by citing official Philippine laws and government circulars, regulations change. Consult a qualified professional or the relevant government agency for advice specific to your situation.
Frequently Asked Questions
- How many leave days does the Labor Code require?
- Article 95 of the Labor Code mandates a minimum of 5 days of Service Incentive Leave (SIL) per year for employees who have rendered at least one year of service. SIL can be used for sick leave, vacation leave, or any personal reason.
- Is maternity leave paid?
- Yes. Under RA 11210 (Expanded Maternity Leave Law), female employees receive 105 days of paid maternity leave for live childbirth, with an option to extend 30 more days without pay. Solo mothers get an additional 15 days paid. The benefit is paid by SSS, not the employer.
- Do I get leave credits on my first day of work?
- Under the Labor Code, SIL entitlement starts after one year of service. However, many companies grant pro-rated leave credits from the start of employment as part of their company policy. Check your employee handbook or employment contract.
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