Employee benefits and leave in the Philippines
Statutory leave in the Philippines is thin: 5 days of service incentive leave after one year, with no separate employer-paid sick leave. Maternity leave is 105 days at full pay, part funded by SSS. There are 12 regular holidays in 2026. Employers compete on what they add: 12 to 15 days each of vacation and sick leave and private health cover (HMO) are standard in professional roles.
At a glance
Key figures with the official source for each, checked November 2026.
| Item | Rule or figure | Official source |
|---|---|---|
| Service incentive leave | 5 days with pay each year after 1 year of service. Unused days convert to cash | Labor Code Art. 95 |
| Regular holidays, 2026 | 12: ten under Proclamation 1006 plus Eid'l Fitr (20 March) and Eid'l Adha (27 May) | Proclamation No. 1006, s. 2025 |
| Special non-working days, 2026 | 8, including Chinese New Year, Black Saturday, Ninoy Aquino Day and Christmas Eve | Proclamation No. 1006, s. 2025 |
| Maternity leave | 105 days at full pay, plus 15 days for solo parents and an optional 30 days unpaid. 60 days for miscarriage | RA 11210 |
| Paternity leave | 7 days at full pay for married fathers, for the first four deliveries of the spouse | RA 8187 |
| SSS sickness benefit | 90% of average daily salary credit, up to 120 days a year, after company paid sick leave is used up | Social Security System |
| Statutory retirement pay | At least half a month's salary per year of service, computed as 22.5 days, from age 60 with 5 years of service | DOLE Handbook on Workers' Statutory Monetary Benefits |
| Holiday pay | Regular holiday: 100% if not worked, 200% if worked. Special day: 130% if worked | DOLE Handbook on Workers' Statutory Monetary Benefits |
Annual leave: the statutory floor and the market norm
The only general paid leave in the Labor Code is service incentive leave (SIL) under Article 95. An employee who has completed at least one year of service gets five days with pay each year. The days can be used for vacation or sickness. Unused SIL is commuted to cash, including on resignation or separation, on a pro rata basis. Establishments that regularly employ fewer than 10 people are excluded from the SIL rule.
Five days is well below what the professional market offers. Employers in business process outsourcing, technology and multinational shared services commonly grant 12 to 15 days of vacation leave and a separate 12 to 15 days of sick leave. An employer that already gives at least five days of paid leave is treated as meeting the SIL requirement.
Points to settle in the leave policy:
- Whether leave is available from day one or after regularisation.
- How many unused days carry over and how many are paid out.
- Whether company leave is expressly credited against SIL.
Clear drafting matters because unused SIL is a money claim, and money claims can be filed for three years.
Public holidays and holiday pay
Holidays are fixed each year by presidential proclamation. Proclamation No. 1006 set ten regular holidays for 2026: New Year's Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Christmas Day and Rizal Day. Eid'l Fitr (20 March) and Eid'l Adha (27 May) were added by separate proclamations, making 12. There are also eight special non-working days.
The two categories pay differently:
| Day | Not worked | Worked | Worked, also a rest day |
|---|---|---|---|
| Regular holiday | 100% | 200% | 260% |
| Special non-working day | No pay unless policy provides | 130% | 150% |
Overtime on these days adds 30% of the hourly rate for that day. Managerial employees are not covered by the holiday pay rules.
US-facing teams often work Philippine holidays and take US holidays off. That is lawful, but the premium for the Philippine holiday is still owed. Budget for it when setting the work calendar.
Sick leave and who pays
There is no statutory employer-paid sick leave beyond the five SIL days. Income protection for longer illness comes from the SSS sickness benefit.
To qualify, the employee must be unable to work and confined at home or in hospital for at least 4 days, must have at least 3 months of contributions in the 12 months before the semester of sickness, and must have used up company sick leave with pay for the year. The daily benefit is 90% of the average daily salary credit. It is payable for up to 120 days in a calendar year, and up to 240 days for the same illness.
The process runs through the employer:
- The employee notifies the employer within 5 calendar days of the start of home confinement.
- The employer notifies SSS within 5 calendar days of receiving that notice.
- The employer advances the benefit and SSS reimburses 100% where notice was on time.
Because salary credit is capped at PHP 35,000 a month, the SSS benefit replaces only part of a professional salary. That gap is why company sick leave is a standard benefit.
Maternity, paternity and family leave
The Expanded Maternity Leave Law (RA 11210) gives 105 days of leave at full pay for a live birth, regardless of civil status or the number of previous pregnancies. Solo parents get 15 more paid days. The mother may extend by 30 days without pay by giving written notice at least 45 days before the leave ends. Miscarriage or emergency termination of pregnancy carries 60 days at full pay. Up to 7 days can be allocated to the child's father or an alternate caregiver.
SSS pays a cash benefit based on salary credit. The employer pays the difference between that benefit and the employee's full pay. Small and distressed establishments can be exempt from the differential. Non-compliance carries fines of PHP 20,000 to PHP 200,000 and possible imprisonment.
Other statutory family leave:
- Paternity leave (RA 8187): 7 days at full pay for a married father, for the first four deliveries of his spouse.
- Solo parent leave: up to 7 working days a year after six months of service.
- VAWC leave (RA 9262): up to 10 days at full pay for women who are victims of violence.
- Special leave for women (RA 9710): up to 2 months at full pay after surgery for gynaecological disorders.
Mandatory insurance, pension and retirement pay
Every employee must be enrolled in three schemes funded by employer and employee contributions:
- SSS: retirement, disability, death, sickness, maternity and unemployment benefits. The unemployment benefit pays 50% of average monthly salary credit for up to 2 months after involuntary separation.
- PhilHealth: national health insurance.
- Pag-IBIG Fund: provident savings and housing loans.
The employer alone funds Employees' Compensation, which covers work-related injury, illness and death.
Separately from SSS, the Labor Code as amended by RA 7641 requires the employer to pay retirement pay where there is no retirement plan or the plan is less generous. An employee aged 60 to 65 with at least five years of service may retire and is owed at least half a month's salary for every year of service. Retirement is compulsory at 65. Half a month is defined as 22.5 days: 15 days' salary, 5 days of service incentive leave and one twelfth of the 13th month. Retail, service and agricultural establishments with 10 or fewer employees are exempt. This is a real long-term liability for employers building a permanent team.
Market-standard supplementary benefits
Statutory benefits set the floor. Offers in professional and BPO roles are judged on what sits above it. The usual package includes:
- HMO cover. Private health maintenance organisation membership for the employee, often with one or more dependants. PhilHealth alone is not seen as adequate cover, and candidates ask about HMO at offer stage.
- Vacation and sick leave. 12 to 15 days of each, in place of the five-day statutory minimum.
- Group life and accident insurance.
- Allowances. Rice, meal, transport, internet or clothing allowances. Some small benefits are tax-exempt as de minimis within BIR limits, which makes them an efficient way to deliver value.
- Night shift premium above the statutory 10%. Common for teams covering US hours.
- Performance or mid-year bonus. Bonuses share the PHP 90,000 annual tax exclusion with the 13th month.
Remote teams also need a telecommuting agreement under RA 11165, which requires that remote employees receive the same pay, leave and benefits as comparable on-site staff. Benefits written into contracts or given consistently over time can become company practice that the employer cannot withdraw unilaterally, so new benefits should be drafted with care.
Frequently asked questions
How many days of paid leave are mandatory in the Philippines?
Five days a year of service incentive leave after one year of service, under Article 95 of the Labor Code. It can be used for vacation or sickness and unused days are paid in cash. Market practice for professional roles is 12 to 15 days of vacation plus 12 to 15 days of sick leave.
Who pays for maternity leave in the Philippines?
Both SSS and the employer. SSS pays a maternity cash benefit based on the employee's salary credit, and the employer pays the difference so the employee receives full pay for the 105 days. Some small and distressed establishments are exempt from paying the differential.
Is sick leave mandatory in the Philippines?
There is no separate statutory sick leave paid by the employer. The five days of service incentive leave can be used for illness. For confinement of at least 4 days, SSS pays 90% of average daily salary credit for up to 120 days a year, advanced by the employer and reimbursed by SSS.
Is private health insurance mandatory for employees in the Philippines?
No. Only PhilHealth, the national health insurance scheme, is mandatory. Private HMO cover is not required by law but is a standard part of professional and BPO compensation packages, and most candidates expect it.
More on hiring in the Philippines
Employer of record and hiring guide for the Philippines · Payroll and taxes · Termination and notice · Contractors vs employees · Cost calculator · EOR vs PEO vs entity
Sources
- Labor Code of the Philippines (PD 442)
- Proclamation No. 1006, s. 2025: 2026 holidays
- Proclamation No. 1189, s. 2026: Eid'l Fitr
- RA 11210, Expanded Maternity Leave Law
- RA 8187, Paternity Leave Act
- Social Security System: sickness benefit
- DOLE Handbook on Workers' Statutory Monetary Benefits (2023 edition)
- RA 11199, Social Security Act of 2018
This page is general information, not legal, tax or immigration advice. Rates, thresholds and procedures change, and how they apply depends on the facts. Confirm current figures with a qualified adviser or with Dryft before acting. Checked November 2026.
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