Q&A: Birthday Leave

I’ve been asked not a few times about the legal provisions of the so-called Birthday Leave, if it’s found in the Labor Code (aka Presidential Decree 442, as amended).

Now that’s an interesting thought.

Unfortunately, there has been no provision for such a benefit in any of the laws that have been passed by either the Philippine Legislature or the Executive Branch.

Such benefit is solely the prerogative of the employer.  At best, it can be requested, though proper channels (such as a union’s CBA, or via survey), as part of future benefits.

But until it becomes formalized via various documentation, in law or company benefit, the best that an employee can do would be to file (in advance) to avail of it (in the form of the vacation leave, or service incentive leave) on his birthday.

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