Philippine Bar review · Question

Practice question: Service Incentive Leave

Multiple Choice Hard

Practice question

A company grants the five-day statutory SIL minimum and has no more favorable leave promise. Three days remain unused at year-end. Management says all leave in Philippine law is forfeitable and refuses any cash equivalent, relying on a rule governing another leave benefit. Which is sound?
  1. All leave types necessarily have identical rules
  2. Every unused day automatically becomes paternity leave
  3. Apply SIL’s own commutation rule rather than borrow a forfeiture rule from another leave category
  4. The employee must lose the whole year’s wages
  5. The employer may decide the statutory rule after year-end

Legal references

  • Omnibus Rules, Book III, Rule V, Section 5: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html

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