I have received on numerous occasions certain questions regarding the treatment of holidays in relation to absences of employees, overtime payments on such holidays (whether regular or special), and even holidays on rest days.
With the city all abuzz during the holiday season, employees sometimes take a day (or two) off from work to finalize their shopping list and go out to make those last-minute shops, especially if the next day would be a holiday. I mean, who hasn’t done that at least once in their career?
But please, do file your leaves properly and in advance. Don’t just suddenly disappear when you’re supposed to be at work – Management might just disapprove your leave altogether, cite you for being on AWOL, and issue a Notice to Explain (NTE).
A particular question comes to mind:
Where is it stated in the Labor Code that if an employee is absent (without pay) before a holiday, he will not be entitled to the corresponding holiday pay unless he works on that day?
People have asked me time and again to show and explain which part of the Labor Code of the Philippines has those provisions. They try to find the answers within Articles 91-93 (Weekly Rest Periods) and 94-96 (Holidays, Service Incentive Leaves and Service Charges).
Where’s the answer? We have to look beyond the text of the Labor Code itself and try to read behind it.
For those who are daily paid, or without any leave credits left (and ergo would be on leave without pay if you were to be absent on the day BEFORE a regular holiday) please be advised of the following guideline(s) on absences as mentioned in the Omnibus Rules to Implement the Labor Code (Book III, Rule IV, Section 6, Paragraph A):
SECTION 6. Absences. – (a) All covered employees shall be entitled to the benefit provided herein when they are on leave of absence with pay. Employees who are on leave of absence without pay immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday.
Please plan your leaves well and make sure they are approved before the date you intend to use them.