Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Conslutation for Indefinite Leave

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Conslutation for Indefinite Leave on Tue Jun 04, 2013 8:22 am


Arresto Menor
Great Morning Guys, I just want to consult regarding the case of our employee who is now on Bed rest due to her prteganancy, She is filling an Indefinite Leave with us though the management understand her situation, the management also concern on her deliverables that might be pending. If we were going to hire for her replacement it will be on a regular post and also have a cost implication. If ever we will not approved the said leave do we have a rules to violate? if there is what are those rules? or Do we have an alternative way to solve this thanks and your assitance to this matter is greatly appreciated .

View user profile

2 Re: Conslutation for Indefinite Leave on Sun Jun 09, 2013 10:56 am


Reclusion Temporal
Disclaimer: practical advice only.

Indefinite leave is a bit unfair to the management if the reason for the indefinite leave is without basis or so und reason. Be firm but give a schedule for her to rest though as child bearing is no joke. You can partially grant and deny the leave by saying that you will grant the leave but only for so many days only. I m not sure but try to check with the sss how long is the period given for maternity leave so just add a few days or weeks for that one.

If you terminate her due to her pregnancy she will definitely file a case. As the leave she filed form is a reasonable ground to be approved for. Note also that if her pregnancy fails, she will definitely blame the company.

But if you cannot afford delay in your deliverables then stick to your guns and deny the indefinite leave and work out on a flexible work schedule.

Consider also as a factor how long she has been working and her work performance. Maybe that can be used for or against her.

In the end be sensitive though as this is a pregnant woman giving birth to a child. You will mmost likely lose if you sudeenly terminate her or flat out deny her indefinite leave. Best way is to limit her days of leave or reduce her workload so that she can continue to work. Or ask her to produce a medical certificate from the doctor to get a professional opinion.

This advice is not a replacement for an advice given by an actual lawyer. Go consult a lawyer face to face. Use this advice to your own risk. This is more of a practical advice and the legal consequences of your action has not been fully and deliberately discussed.

By the way, if you deny her leave and she forces her pregnancy leave that you hire a replacement, that will definitely be a case. The law prohibits discrimination against pregnant women. Look it up.

Good luck.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum