LOA while rendering 30 days notice.

Hi Atty,

I wanted to resign with immediate effect but company refused and asked me to render 30 days. I need to take care of my 2 year old baby kasi iniwan nalang bigla ng yaya nia.My husband is currently working pero mas ok na ako nalang ang mag resign kasi he can support naman ung finances namin. Wala na po talga option eh. There were times na kailangan kong dalhin ang baby ko sa office para lang makapasok. Kaso napupuyat ang bata and ngkakasakit. I dont want to risk my baby's health.

ask ko lang po.

- Pwede po ba akong mag file ng LOA then at the same time render ng 30 days?
So I can take care of my baby and at the same time render ng 30 days. ayaw ko po kasing mag AWOL.


Thank you po in advance ATTY!

the company is within its rights to require you to render 30 day notice, and they can claim damages. normally they will withhold your last pay and clearance docs.

use of leave during termination notice period is discretionary on the part of management if they will allow.

as for the reason of taking care of your child, it is not included in the list of reasons which allow resignation without notice, but I am still of the opinion that if you can prove your defense, no court will award damages to the employer.