Am I entitled to service incentive leave and other statutory leaves?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Under Article 95 of the Labor Code, an employee who has rendered at least one (1) year of service is entitled to five (5) days of service incentive leave (SIL) with pay each year, and any unused SIL is convertible to cash. On top of this, special laws grant paternity leave of 7 days (RA 8187), solo-parent parental leave of 7 working days a year (RA 8972 as amended by RA 11861), and maternity leave (RA 11210). Work between 10:00 p.m. and 6:00 a.m. also earns a night-shift differential of at least 10% of your regular wage under Article 86.
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Frequently asked
What happens to my unused SIL when I leave?
Unused service incentive leave is commutable to its money equivalent. On separation, its cash value forms part of your final pay, alongside unpaid salary and pro-rated 13th-month pay.
Who is exempt from SIL?
Art. 95 does not apply to those already enjoying at least five days of leave, to field personnel and others whose time is unsupervised, and to establishments regularly employing fewer than ten employees, among a few statutory exemptions. A company leave scheme that meets or exceeds 5 days satisfies the requirement.
Is the night-shift differential the same as overtime?
No. The night-shift differential (Art. 86) is at least 10% extra for hours worked between 10:00 p.m. and 6:00 a.m., and it applies whether or not the hours are overtime. Overtime pay (work beyond 8 hours) is computed separately and can stack with the night differential.
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Boses ng kumakayod — your everyday rights as a Filipino worker on pay and dismissal: when your final/back pay must be released (DOLE Labor Advisory 06-20 — within 30 days of separation), 13th-month pay (PD 851 — 1/12 of your basic salary, on or before December 24), legal vs illegal salary deductions, unpaid wages and overtime, the twin-notice due-process rule before you can be dismissed, just causes vs authorized causes, separation pay, your Certificate of Employment (within 3 days of request), resignation notice, the regional minimum wage set by your RTWPB, and how to file with DOLE (SEnA conciliation first) or the NLRC.