Dear Atty. Peachy,

I have been working for my employer for eight years now. My employer is basically a family company used to be headed by their patriarch until his untimely death seven months ago. I am the administrative assistant of the company president. Upon the demise of the former company president, his eldest son took over his position. My new boss and I really do not see eye to eye. Moreover, while my former boss valued my opinions and my role in the company business, my new boss is totally the opposite. I tried adjusting but I really cannot take it anymore, especially now that my new boss has hired new employees in the company who does not share the same work ethic that I have. Every working day is a grueling day for me. I am planning to resign by the end of this week. I understand that our labor laws require the employees to tender or submit a written resignation letter to the employer at least 30 days prior to the intended last day of work. I cannot imagine working for another 30 days in the company after I tender of resignation letter. I can already imagine how difficult my new boss will make every single working day for me. Some of my friends have advised me to just use all of my available leaves during the 30-day notice period. They referred to it as terminal leave. Can I really do this? If the company does not approve my terminal leave request, will it be okay to just not report for work and not get paid during the 30-day notice period?

Nel

***

Dear Nel,

Terminal leave is applied for by an employee who intends to sever his connection with his employer. It allows an employee to take a specified period of paid leave before their employment contract concludes. Please note, however, that terminal leave which is basically composed of unused vacation leaves is a privilege and not a right. Hence, the approval of terminal leave requests is still subject to the reasonable discretion of the employer. In your case, the company may deny your terminal leave request on the ground that you are needed to physically be present during the 30-day notice period for proper turnover of your duties and responsibilities, as well as of the company records, to the person who will take over your position. The 30-day notice is meant to provide employers with sufficient time to find a replacement and for proper turnover of work and documents.

It will not be advisable for you to be absent without an approved leave during the 30-day notice period because the company can still technically penalize you for absence without leave during this period and your clean employment records that you worked hard for eight years will be tarnished. Should the company disapprove your leave and you still have unused leaves, you may convert these unused leaves to cash depending on the company policy on unused leaves.

Atty. Peachy Selda-Gregorio