LABOR CODE OF THE PHIL: what is terminal leave exactly?

Question

PHIL.LABOR CODE ISSUES: I gave a 30day notice of resignation to my employer, but I am bound to start on my new job (which my new employer doesn't know of) on the 3rd wk of my notice. I am planning to take a leave on the 3rd week and 4th week of my resignation notice, can u call that a terminal leave? I still have remaining leave credits anyway.

Answer 1

Yes it is a terminal leave. It would be best to consume all your leave credits since they are not to pay for it anyway. Although some companies would not grant it and make other arrangement. You try to apply it and inquire it in your HR Department

Hope this helps and good luck to your new job.  

Answer 2

I take it that you expect to render only half of the 30 day notice due to your reporting for work in the new office on the 3rd week.

I suggest you call your old office on the 3rd week and tell them you contracted this nearly terminal disease, and won't be able to continue reporting for work.  At the end of the fourth week,  you say a miracle transpired, because you are suddenly well again.

Answer 3

It is still with management discretion if they will allow you to take terminal leave or not even if you have leave credits.  Also, i would like to correct the one who answered above that they will not pay you anymore for your leaves.  The company should pay you all your EARNED leaves whether vacation or sick leaves.

In addition, if the company did not allow you to take terminal leave, it is ok since they will pay you anyway for your earned leaves.  If you pushed thru to take a leave still even if they did not allow you, you will be in trouble since Labor Code says for the 30 days notice to employer which you should follow.  You may clarify this by calling the National Labor Relation.