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* SECOND DIVISION.
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VELASCO, JR., J.:
The Case
The Facts
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„In view of all the foregoing, our decision dated November 26,
1997, be modified by increasing the sick leave benefits of
complainant to be commuted to cash from 162 days to 230 days.
SO ORDERED.‰12
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10 Id., at pp. 102-115, PALÊs Appeal to NLRC, dated August 15, 1995;
id., at pp. 123-137, PalomaÊs Memorandum on Appeal, dated August 16,
1995.
11 Id., at pp. 149-160. Penned by Commissioner Vicente S.E. Veloso
and concurred in by Commissioner Alberto R. Quimpo.
12 Id., at pp. 88-94. Penned by Commissioner Alberto R. Quimpo and
concurred in by then Presiding Commissioner Rogelio I. Rayala.
Commissioner Vicente S.E. Veloso did not take part.
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SO ORDERED.‰15
15 Id., at p. 64.
16 Art. 100. PROHIBITION AGAINST ELIMINATION OR
DIMINUTION OF BENEFITS. Nothing in this Book shall be
construed to eliminate or in any way diminish supplements, or other
employee benefits being enjoyed at the time of promulgation of this Code.
17 Art. 287. RETIREMENT.
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In case of retirement, the employee shall be entitled to receive such
retirement benefits as he may have earned under existing laws and any
collective bargaining or other agreements x x x.
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The Issues
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POLICY
Regular employees shall be entitled to a yearly period of sick
leave with pay, the exact number of days to be determined on the
basis of the employeeÊs category and length of service in the
company.
RULES
A.For ground personnel
2. Sick leave shall be granted only upon certification by a
company physician that an employee is incapable of discharging his
duties due to illness or injury x x x.
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3. Sick leave entitlement accrues from the date of an employeeÊs
regular employment x x x.
In case of direct conversion from temporary/daily/project/
contract to regular status, regular employment shall be deemed to
have begun on the date of the employeeÊs conversion as a regular
employee.
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4. An employee may accumulate sick leave with pay up
to Two Hundred Thirty (230) days;
An employee who has accumulated seventy-five (75) days sick
leave credit at the end of each year may, at his option, commute
seventy-five percent (75%) of his current sick leave entitlement to
cash and the other twenty-five percent (25%) to be added to his
accrued sick leave credits up to two hundred thirty (230) calendar
days.
The seventy-five percent (75%) commutable to cash as above
provided, shall be paid up in lump sum on or before May 31st of the
following year.
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