Dear Atty. Kathy,
We have an upcoming workweek training activity out of town for three days, where I was assigned to be the facilitator for a new company product under the department I head. Unfortunately, I cannot attend the activity because I have to be in Manila due to the delicate medical condition of my spouse, in case there is an emergency. The human resources officer suggested that I apply for a paid leave, so I will not be absent without pay. However, I am trying to save my leaves, for when I have to accompany my spouse to the hospital. Will I really be considered absent if I cannot attend the out-of-town activity?
Marcus
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Dear Marcus,
Attendance at lectures, meetings, training programs and other similar activities, shall not be counted as working time if all of the following conditions are met: 1. Attendance is outside of the employee’s regular working hours; 2. Attendance is in fact voluntary; and 3. The employee does not perform any productive work during such attendance. (Rules to Implement the Labor Code, Book III, Rule I, Section 6)
Based on your narration, it appears that the training activity is during work days; attendance is required on your part as the facilitator; and that you will be performing your work as department head during such attendance. Thus, such a training activity shall be considered compensable working time, such that, you have the option to file a leave and be paid if you are unable to attend the required activity. Otherwise, you will rightfully be considered absent without pay.
Atty. Kathy Larios