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Question about compensation during Holidays

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1 Question about compensation during Holidays on Fri Apr 15, 2016 5:52 am

anton_gambit_11


Arresto Menor
Hi. I have a legal question regarding compensation during Holidays. Here is my story.

I recently went on a 2 week vacation leave last Mar 14-25. That is a total of 10 days. Mar 17 - 18 are holidays (Maundy Thurs & Good Fri) so I did not count them as working days and did not include them on my application for leave.

Now, I only have two days PAID vacation leaves remaining on my leave balance, as a result only two days were applied as paid VL and the rest of the days are applied as VLWOP (VL without pay). I want to add that this vacation leave has been previously approved beforehand (probably more than one month before) and is not a sudden leave of any kind. (SL's EL's etc)

To paint a better picture, this is how my leaves are applied

Mar
14 - VL - paid
15 - VL - paid
16 - VLWOP (no more VL credits remaining)
17 - Holiday
18 - Holiday
21 - VLWOP
22 - VLWOP
23 - VLWOP
24 - VLWOP
25 - VLWOP

My issue is this. The company has told me that I will NOT be paid on the Holidays (Mar 17-18) because there is a law that says an employee will only get paid during Holidays provided they are present or on an approved leave with pay on the workday immediately preceding the holiday. Apparently this is indicated on the new article released by DOLE re guidelines on Holidays.

Since the day preceding the holiday was unpaid (Mar 16) that means, as per my company, that I am not eligible for holiday pay.

My question is this. Is this a valid claim by my employee and is it lawful for them to not pay me on the holidays? Do I have a case where I can claim pay on the basis that this is an approved and scheduled leave? The only reason I was on an unpaid leave on that day was because I ran out of VL credits.

Hoping you can provide insight on my situation. I will appreciate any help.

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council


Reclusion Perpetua
anton_gambit_11 wrote:
My issue is this. The company has told me that I will NOT be paid on the Holidays (Mar 17-18) because there is a law that says an employee will only get paid during Holidays provided they are present or on an approved leave with pay on the workday immediately preceding the holiday. Apparently this is indicated on the new article released by DOLE re guidelines on Holidays.

Since the day preceding the holiday was unpaid (Mar 16) that means, as per my company, that I am not eligible for holiday pay.

My question is this. Is this a valid claim by my employee and is it lawful for them to not pay me on the holidays? Do I have a case where I can claim pay on the basis that this is an approved and scheduled leave? The only reason I was on an unpaid leave on that day was because I ran out of VL credits.

Hoping you can provide insight on my situation. I will appreciate any help.

The company's claim (or rule) is valid as it is an interpretation and implementation of the LC Omnibus Rules - not just a new proclamation, article or announcement.

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 on the day immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday.

An approved or scheduled leave does not change the situation that you do not have any more paid leaves on the day prior to the holiday(s).

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