Dear Atty. Kathy,
In our company, we have 10 days of vacation leave (VL) every July. According to our VL policy, I have to apply five working days in advance for the three-day VL, since business requirements are considered in the approval. I passed my VL application a week in advance and my manager said it will be approved, provided I submit my part for our Department’s mid-year report for June 2022. I could not submit my report due to other work concerns, but I committed to my manager that I will submit it on my first day back at work. My VL approval was retracted because my manager said our department’s mid-year report is due the day after I come back from my planned VL, and one day is not enough to verify my report before it is submitted to management. This means I will no longer be able to use my three remaining VL and these will not be carried over after July. Is this not unfair?
Sophia
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Dear Sophia,
Based on your narration, unless there is proof that you are the only employee whose leave application has been subjected to such condition of submitting work requirements before going on leave, it is not unfair or discriminatory of the company to impose such condition on the approval of your VL.
As ruled in the case of Sugue, et al. vs Triumph International [Phils.] Inc., (G.R. Nos. 164804 and 164784, 30 January 2009), the Supreme Court has said that it does not see how it can be deemed unreasonable or in bad faith for the employer to require its employee to complete assignments on time before taking a vacation leave, like in your case, where your report is indispensable in the preparation of the department’s mid-year report.
Further, on the availment of the VL, your Company, as the employer, has the leeway to impose conditions, since the grant of VL is not a standard of law, but a prerogative of management. It is a mere concession or act of grace of the employer and not a matter of right on the part of the employee. Thus, it is well within the power and authority of your company to retract your VL approval, and the same cannot be perceived as discriminatory or harassment.
Atty. Kathy Larios