Termination due to Illness (Philippines)
Yes, an employee can be validly terminated for health reasons.
Philippine labor law is structured to give full protection to the rights of the workers.
Consequently, there are specific, prescribed reasons and processes for validly terminating employment.
The discussion below tackles valid termination due to health reasons.
Can You Terminate for Health Reasons?
However, as with all things related to employee termination in the Philippines, you need to do this in accordance with the law.
The law is found in Article 299 [previously Article 284] of the Philippine Labor Code and the Omnibus Rules Implementing the Labor Code.
Termination due to health reasons must be according to the law.
These provide that an employer may terminate an employee suffering from a disease if:
- His continued employment is prohibited by law
- Is prejudicial to his health as well as those of his co-workers
- There is a certification by a competent health authority that it is of such a nature or such a stage that it cannot be cured in 6 months even with medical treatment
Note that if the disease can be cured within 6 months, the employer can ask the employee to take a leave of absence. When the employee returns to good health, he should be reinstated to his former position.
Termination due to health reasons may incur separation pay.
Note as well that, if you are terminating an employee due to health reasons, you will have to pay separation pay.
Separation Pay must be at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
What diseases are covered?
The law contemplates particular types of diseases. Among these are diseases where continued work would further compromise the employee’s health.
What diseases are covered when you terminate for health reasons?
This is particularly clear in the Baby Bus, Inc. vs. Minister of Labor [G.R. L-54223, February 26, 1988]. The Supreme Court here ruled that the several heart attacks experienced by an employee were clear indications that working would further compromise his health. The employee’s claim of illegal dismissal was dismissed.
Another requirement is that the disease cannot be cured in 6 months.
For example, in Deoferio vs. Intel, [G.R. No. 202996, June 18, 2014] a doctor certified that the employee’s schizophrenia could not be cured in 6 months. Here the Supreme Court upheld the dismissal.
Can the illness be cured in 6 months?
The law also covers diseases that are contagious and which would be detrimental to the health of the employee’s co-workers. But the employer’s characterization of the disease cannot be arbitrary nor without expert basis.
For example, although advanced tuberculosis can be such disease, a competent public health official must nevertheless certify this when the employee’s disease is invoked as a ground for termination.
Certification from a Competent Health Authority Important
The Supreme Court has held that:
The requirement for a medical certificate under Article 284 of the Labor Code cannot be dispensed with; otherwise, it would sanction the unilateral and arbitrary determination by the employer of the gravity or extent of the employees illness and thus defeat the public policy on the protection of labor. (G.R. No. 129584)
Have you secured a medical certificate regarding the employee’s condition?
This was later upheld in Crayons vs. Pula (G.R. 167727) despite the fact that the employee had been absent for 6 months.
In the Crayons vs. Pula case, it was further aggravated by the fact that the company seemed to lack documentary evidence and presented very little evidence.
Process Required for Termination due to Health
This can cause confusion because there are two distinct processes for termination of employment under the law:
- Termination for Just Causes
- Termination for Authorized Causes
The processes are different depending on which type of termination it is.
In Termination for Just Causes, the following process must be followed.
For instance, termination for Just Causes requires you to fulfill the two notice rule:
- A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side;
- A hearing or conference where the employee is given the opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;
- A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify termination.
Termination for Authorized Causes follows a different process:
In Termination for Authorized Causes, the following process must be followed.
- In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.
You’re probably wondering which process health reasons fall under.
Health reasons have historically been classified as an authorized cause for termination. Thus, in the discussion in Agabon vs. NLRC [G.R. No. 158693, Nov. 17, 2004] the Supreme Court says:
Procedurally … and (2) if the dismissal is based on authorized causes under Articles 283 and 284, the employer must give the employee and the Department of Labor and Employment written notices 30 days prior to the effectivity of his separation.
However, the Supreme Court walked back on this pronouncement in other decisions.
Which process does termination due to illness fall under?
In 2014, it ruled in Deoferio vs. Intel [G.R. No. 202996], that:
In Sy v. Court of Appeals and Manly Express, Inc. v. Payong, Jr., promulgated in 2003 and 2005, respectively, the Court finally pronounced the rule that the employer must furnish the employee two written notices in terminations due to disease, namely: (1) the notice to apprise the employee of the ground for which his dismissal is sought; and (2) the notice informing the employee of his dismissal, to be issued after the employee has been given reasonable opportunity to answer and to be heard on his defense.
Thus, due process in the form of the two notice rule has since applied to terminations for health reasons.
Jurisprudence states that the 2 notice rule is applicable in termination for illness.
In Fuji vs. Espiritu [G.R. No. 204944-45, December 3, 2014], decided later that same year, the Supreme Court briefly discussed what this due process entails:
For dismissal under Article 284 to be valid, two requirements must be complied with: (1) the employee’s disease cannot be cured within six (6) months and his “continued employment is prohibited by law or prejudicial to his health as well as to the health of his co-employees”; and (2) certification issued by a competent public health authority that even with proper medical treatment, the disease cannot be cured within six (6) months. The burden of proving compliance with these requisites is on the employer. Noncompliance leads to the conclusion that the dismissal was illegal.
There is no evidence showing that Arlene was accorded due process. After informing her employer of her lung cancer, she was not given the chance to present medical certificates. Fuji immediately concluded that Arlene could no longer perform her duties because of chemotherapy. It did not ask her how her condition would affect her work. Neither did it suggest for her to take a leave, even though she was entitled to sick leaves. Worse, it did not present any certificate from a competent public health authority. What Fuji did was to inform her that her contract would no longer be renewed, and when she did not agree, her salary was withheld. Thus, the Court of Appeals correctly upheld the finding of the National Labor Relations Commission that for the failure of Fuji to comply with due process, Arlene was illegally dismissed.
Thus due process requires not only that the disease’s incurability within 6 months must be established, and this supported by certification of a competent public health authority, but also that the employee should be informed and given the opportunity to respond to the findings.
Hello good morning Atty, halimbawa po ba nag-pasa na ako medical certificate due to asthma.Pero rejected daw po, pag nagresign po ba ako at napasa ko na ba ito sa DOLE, may habol pa ba ako sa 1/2x years of service? salamat po
Hello, I have responded your inquiry in the comment section. Thank you.
Hello, good evening Atty.
may asthma po kasi ako tapos nag absent ako for around 10 days. Pagbalik ko po hindi padin ako nakakaquota sa calls at mga audit sakin sa quality ay feels like losing his breath. Nagpagawa po ako certificate ng recommendation for non-voice account pero rejected, kasabay ng asking for termination due to illness. Ngayon po nag provide na ako ng certificate ng termination due to illness kaso po rejected padin at marami call outs dahil hindi nakakaquota, paano po kaya ang advise sa ganito? advise sakin ng TL ko kasi mag immediate resignation nalang.. Kaso po sabi ko pasok naman sa termination due to illness. Salamat po sa inyong tulong
I believed I have responded your concern in the comments. Thank you
Matanong lang po, may termination due to illness na kasi akong certificate, kaso sabi ng mga kawork ko. Huwag ko daw ituloy dahil mahihirapan ako makahanal ng trabaho, may maipapayo po ba kayo? lilipat kasi ako ng non-voice account since ang issue ko ay asthma. Salamat po
tanong lang din po , paano mag reach out sa DOLE? sabi kasi pag ginawa daw po iyon, masamang recoed din daw po? salamat po
Hello. About your certification it simply states the reason your employment ended. It is not automatically a record. Some employers may look at it differently depending on the role you are applying for.
nagpasa na po ako ng certificate for termination, pinagwowork padin kasi ako kahit nahihirapan na ako huminga, paano po kaya kung di ko na natatapos ang mga work ko po? puro tawag po kasi at may asthma ako.
matanong nalang din po, kasama ba yung allowance at night shift differential sa makukuha sa separation pay? Salamat po
Hello. Continuing to make you work despite medical restriction may violate labor standards and occupational safety. If you are still being forced to work despite condition, you can bring this matter to the DOLE. As for the separation pay, is only based on your basic salary and does not include allowance, nightshifts differential, or other benefits unless it is specifically stated in your contract.
Hello po, may medical certificate na po ako for recommendation of termination. Gaano po ba katagal bago mangyari? at gaano katagal bago makuha ang seperation pay? Salamat po.
Hello. typically, this takes 1 to 2 weeks, depending on how quickly your HR processes. With regard to separation, according to DOLE, all final pay which includes your separation pay must be issued within 30 days from your last day of employment, unless a shorter period is specified in your contract or company policy.
For the past 6 months po, meron po akong mga absences dahil po sa sakit, flu, colds, gerd, toothache and minsan pag sa kids po. I made sure to secure medcert po even 1 day absent po.
Nito ko lang po nalaman na balak po akong bgyan ng NTE dahil alarming nga daw po ang naging absences ko monthly at gusto po akong ipaterminate ng Boss ko.
I know I should be aware na di po talaga okay yung attendance ko pero wala po akong nareceive na coaching or warnings po. Grateful pa nga po ako kasi maintindihin ang team lead ko at palagi akong kinakamusta pati ang kids ko.
Valid po ba na iinclude nila sa NTE yung past 6 month attendance ko? Under pa din ba sya ng Unauthorized absence kahit may medical certificate po ako at validated po ng company clinic namin yung absences ko? Pwede po ba nilang sabihin pattern or habitual yun kahit totoo po ang pagliban ko lalo na at di naman natin alam kung kelan tayo dadapuan ng sakit pati ang mga bata?
Sana po matulungan nyo ako kung ano pong pwede kong irebut incase servan ako ng NTE. Salamat po.
Hello. the issuance of Notice to Explain is part of the company’s standard procedure. It ensures due process by giving employee an opportunity to clarify or justify the circumstances. Even if absences are supported with medical certificate, management may still issue an NTW if they find the attendance record alarming. This does not automatically mean termination. It is simple the formal step to document the concern and allow you to present your side.
ako po ay isang ahente sa BPO, ilang taon na po ako dito, kailan lang nadiskubre ko po na may asthma pala ako, dahil sa pagod nadin sa trabaho. Pwede ba ako mag request ng termination due to illness?
Hello. Termination due to illness can be requested under specific rule stated in Labor Code. It is only allowed if the illness is serious or incurable within 6 months and continuing to work would be harmful to you and co-workers. However, it must be backed with medical certificate with valid doctor’s evaluation that you are unfit to work.
Pede Po bang pag pahingain Ng employer Ang employee ng 6 months kahit fit to work ito sa kadahilanang FIT TO WORK (with limited work load ) Ang med cert ?
Pede ko po bang I refuse ito at hingiin nlng ang asking termination due to illness to get may length of service
Sakit ko po ay DIELATED HEART CARDIOPHATY incurable in 6months Sabi Ng doctor ko sa HMO private 6 months to 1 year ang gamutan tnx po sana po masagot nyo
Yes, you may request for termination due to illness, and you are entitled for separation of pay.
Ok po maraming salamat Po may Isa pa pong problem ng ginawa ko po ung request letter for termination ay pinagalitan ako at pinagsisigawan dahil sa pag tanggi at pag Sabi na kung ipipilit ang papel na pinapa sign nya skin na papel ay pipirmahan ko pero lagyan ko xa Ng under protest pinagsisigawan n Ako at bakit ko daw Po sila inuutusan
As much as possible, try to have a calm conversation with them. If ever the situation worsens, make sure the incident is documented so that you can use this as your evidence. If the situation is no longer negotiable and agreeable, then you may approach the DOLE to report the issue and request for legal assistance.
Anu po ang pede ko I kaxo sa pag sigaw sigaw skin after Ng Magalit sya sa requested ko na I terminate nlng Ako kexa pag pahingain
It doesn’t have to escalate into a legal case. As much as possible, try to resolve the issue calmy through conversation. However, if the situation worsens, make sure the incident is well-documented. You may approach the Department of Labor and Employment (DOLE) to report the incident and seek advice.
Hi po nagabsent po ako during critical working days due to illness and was able to notify management in time and provide medical certificate. However, wala na po ako sick leave kasi nahospitalize din ako before and my Team lead says this will merit citation po. Please assit po.
Hi. with your case, you may face disciplinary action depending on company policy and how the absence was handled even if you present medical certificate and notified the management. What you can do is to write a formal explanation letter and address to the management and request consideration due to health-related circumstances.
Hello Atty Good Morning,
We filed a SSS Sickness to our employee it just to happen ang releasing namin ng any kind of benefits is kasabay ng aming payroll ( 10 and 25th ) of the month and now his harassing us na he will sue us to the SSS kapag ndi namin ibinigay sa kanya within the week ang benefit nia. My window time po ba ang pagrelease ng sss sickness benefit sa employee ? .
Your inquiry is subject to SSS policies and protocol. You may visit their website or contact them through SSS Hotline: 1455 or via Email: usssaptayo@sss.gov.ph
Hi,
I’d like to ask for your advice regarding an employee who is still unfit to work after six months due to an accident. The employer has informed the employee that he must either resign or face termination.
What would you recommend as the best course of action? If the employee is terminated, would he be entitled to separation pay, considering he has been with the company for over 8 years?
Thank you for your guidance.
Hello, under Philippine labor law, if an employee remains medically unfit to work after six months due to an accident, the employer may terminate the employee on a ground of authorize cause, provided that the incapacity is certified by a competent public health authority and due process is observed. The employee is also entitled for separation pay. forcing the employee to resign without proper legal basis may constitute constructive dismissal and expose the employer to liability.
Hi Atty,
If the employee chooses to resign, would he still be entitled to separation pay? If the medical certificate indicates that he is still unfit to work and is undergoing ongoing physical therapy as part of his rehabilitation, would this support a request for an extension of unpaid medical leave?
What would you recommend as the best course of action: to resign or to wait for termination?
Hello. If the employee voluntarily resigns, he is generally not entitled to separation pay, unless such benefit is provided under a company policy. As a counsel, I would recommend that the employee avoid resigning and instead allow the employer to initiate termination, if medically warranted. This ensures that the employee may be entitled to separation pay.
Hi Atty,
Would it be acceptable for the medical certificate to state that the employee is still unfit to return to work, making the employer’s initiation of termination valid while entitling the employee to separation pay? Do you have any advice on what additional supporting documents or medical proof the employee should submit to demonstrate continued unfitness to work after six months?
Hello! Yes, a medical certificate is enough to justify termination as long as it clearly states that the employee is unfit to return to work. The employee is also entitled for separation pay due to an authorized cause. For the additional supporting documents, the employee may submit laboratory results, a hospital discharge summary, statements from attending physician or undergo a fit-to-work evaluation (if available).
Hi Atty,
Do you have any advice on what additional supporting documents or medical proof the employee should submit to demonstrate continued unfitness to work after six months?
Hello! I believe I’ve already addressed your question in the comments.
Hi Atty,
Just for clarification, can the medical certificate be issued by a private doctor who served as the employee’s attending physician during his one-month hospitalization? Would such a certificate be considered valid for submission to the employer?
Yes, it is valid, as long as the doctor is licensed and the certificate is properly issued.
Hi Atty,
Who is responsible for providing the medical certificate from a competent public health authority — the employee or the employer?
Hello. The employee is responsible for providing the medical certificate.
Hi atty
hingi sana ako ng help atty. Regular employee ako sknila since January 2024. Nag inquire ako kahapon sa SSS Manila Branch pero ang sabi lang po sa akin ay wala raw po filed Sickness Benefit sa kanila under my name. Na hospitalized kase ako ng almost 2 months. Complete documents naman ako from hospital. Gusto ko po sana mag reklamo na atty if tama po ang gagawin ko dahil wala rin akong HMO from my company pero sa Job Order ko po meron, may mga kakilala po kasi ang HR at President ng company namin sa DOLE kaya lagi dismissed ang karamihan ng case na filed ng employees. Sobrang unfair lang ng ginawa saakin ng employer ko atty kase pinaasa nila ako na nakapag file na daw sa SSS at wait ko nalang daw.. and unfortunately they never filed the SSS sickness benefit to begin with atty ngayon pinadalhan ako ng RTO few days after termination po atty.
Hello, your situation in quite concerning. I suggest you file a complaint with the DOLE. As a regular employee, you are entitled to statutory benefits, including SSS sickness benefit by the employer. Your employer failure to file constitutes a violation of Labor standards. I recommend to prepares all relevant documents such as hospital records, employment proof of communication as your evidence.
Hello atty. ask ko lang po terminated napo ba ako pag sinabi ng company nurse na not fit to work po ako. Mataas kasi ang blood pressure ko nong nagpa check ako sa clinic after medical loa for 5days due to fever.
Not fit to work doesn’t mean automatic termination. Based on your current medical condition you are temporarily unable to perform your duties safely and effectively. If your employer proceeds with termination, you may file an administrative complaint with the Department of Labor and Employment (DOLE).
Can an employee who died because of cancer be entitled to separation pay? Thankyou for your answer
Yes, it may entitle to separation pay, depending on the circumstances and company policy.
Ask ko po kung pwede po ba ako materminate kung almost every week akong absent due to sickness but i always provided medical certificate to support my absences. May pointing system din po kami for attendance pero ndi pa naman ako nag eexceed sa max attendance points.
Termination cannot be arbitrary, it must be based on valid cause and due process.
what if the employer asked the employee a forced resign rather than termination employee still can get a separation pay aside from the back pay?
Hi. yes, an employee may still be entitled to separation pay and back pay, especially if the resignation was not voluntary and was done under pressure.
Hi. I was taking medications for my Latent TB and TL put me on LOA for 30 days and then required me to go back to work after. They even sent me an email, asking for an Admin hearing, wanting me to explain why can;t I go back to work despite his knowledge about my illness.. I did not receive that email on time. When I check my email last May 16, that’s the only time I was able to read the email and the next was already a termination email. I felt discriminated about what he did. I was not well and yet he was asking for an admin hearing? Please help.
Hi! Based on what you’ve shared, this situation may involve constructive dismissal or illegal termination, and possibly disability-related discrimination. You may file a complaint with the DOLE.
An employee has been on leave for 6months , he requires to undergo another operation and would take months to heal , can this be a basis to terminate?
Yes, this can be the basis for termination due to illness. Provided, strict legal requirements are met, including medical certificate signed and certifies by competent public health authority and due process must be observed.
pwede bang ma terminate dahil lang sa hypertension stage 2 ?
Yes, possible but under strict legal conditions. Stage 2 hypertension cannot be terminated solely due to their condition unless it is proven to be incurable and prevents them from performing their job, as certified by a competent public health authority.
Hello, i was diagnosed to have bipolar mood disorder and now in manic episodes and psychiatrists dont recommend me to go to work yet. However this has no assurance that can be cured within 6 months since I’m also pregnant i only take low doses of meds. The concentrix company and doing much effort to take action for me to resign or be given an awol letter. They are now asking me to attend to a meeting this 23 of april about my loa. What should i do if they ask me to resign? Or should they terminate me cause of medical health that cant be cured within 6 months? What should i do or tell them?
Under Philippine Labor Code, an employer may terminate an employee on medical grounds only if the illness is certified as incurable within six months by a competent public health authority. This law allows termination for authorized cases as long as the legal conditions are met such as existence of a diseases, certification by a competent public health, and due process must be observed.
CAN EMPLOYEE DISMISSED DUE TO STROKE AND BRAIN ANEURYSM?
Hello. It can be a valid ground for termination as long as the legal process is observed. The employee may only be terminated if a competent public health authority certifies that the illness cannot be cured within 6 months, even with proper treatment and the employee’s continued work is dangerous to their health or others. Provide also that the employer must pay separation and follow due process.
I was diagnosed last Aug 2024 having ACL tear on my left knee, it was painful until now, my company allow me to take 4 months’ work from home while fixing my operations need, but then it needs a lot of money to buy implant, our company just allow me to borrow 70K as salary deduction, what I need is 220 thousand, and I failed to achieve it for 3 months. I was confused because my superior asks me that before I can go back to work, I need to finish first the operation, can you help me on my problem. can you give me suggestion, thank you
Hi. You don’t have to stop working just because you haven’t had surgery yet. Push for medical assistance, apply to PhilHealth, PCSO, and DOH programs. Negotiate with the HR for flexible arrangements. And if your employer insist you cannot return without surgery, consult PAO for legal assistance.
How about po si employee panay absent dahil sa gout at panay lang bigay ng medcert? anong sanctions ang pwede ibigay sa kanya ? possible ba yubg tardiness at negligence?
You may execute progressive discipline. Starting with, verbal warning, then reprimand if the allowable absences exceed. You may execute suspension if the absences become often despite several warnings. Then last resort, termination if the absences is habitual and it clearly affects the performance of the work.
Good morning! Would like to inquire lng po because we have an employee who is positive on Tuberculosis and at same time pregnant. Was diagnosed as TB positive first then eventually found out pregnant after having some tests. As per her attending doctor, her treatment for TB will take 12-14 months because she is also pregnant. May we ask if this can be an authorized cause for dismissal because she will not be able to work within 6 months time.
Termination on the ground of disease requires a medical certificate from a public health authority stating that the disease is incurable within six months. You cannot dismiss her simply because she will be unable to work for more than six months. Do not terminate her employment outright. That would be illegal dismissal. It is best to coordinate with DOLE if you want to clearly know the disease is ground for separation.
Does the law provide specific number of days to be observed in serving the 2 notices?
Reasonable period state by the supreme court that at least 5 calendar days should be given to the employee to prepare and submit a written explanation for the first notice. As for the second notice, no fixed number of days i required, but it must be followed after due consideration of the employee’s side.
Employee was diagnosed of Stage 4 CA and still on leave for 5 months now.
Employer has already extended help as it paid a large portion of his operation expenses.
Employee still has colostomy bag and is undergoing chemotherapy.
Attending physician note on his medical certificate that the Disability is permanent in nature.
Q1: If the said case is qualified for authorized dismissal, when should we issue the 2 notices? Is it both issued at once? Is there a number of days to be observed before sending 2 notices?
Q2: Should I attach the certification from a ‘competent public health authority’ – to the 2 notices?
Thank you!
This blog is very helpful.
This is a sensitive situation involving Authorized Causes for termination under Article 299 (formerly 284) of the Labor Code. When an employee suffers from a disease that is prejudicial to their health or the health of their co-workers, the law allows for a legal separation, provided specific procedural and medical standards are met.
Q1: The Timing and Issuance of the Two Notices
You cannot issue both notices at once. Procedural due process for authorized causes (like disease) requires a specific sequence:
The First Notice (Notice of Termination): This is sent to the employee informing them of the company’s intent to terminate their employment due to their medical condition.
The Second Notice (Notice to the DOLE): On the same day you notify the employee, you must also file a formal notice with the Department of Labor and Employment (DOLE) Establishment Report System.
The 30-Day Rule: Both the employee and the DOLE must be notified at least 30 calendar days before the effective date of the termination.
Wait Period: There is no “wait period” between the two notices; they should ideally be sent on the same day to ensure the 30-day countdown begins simultaneously for both parties.
Q2: Attaching the Medical Certification
Yes, the medical certification is the most critical piece of evidence in this case. However, there is a specific legal requirement for who must sign it.
The “Competent Public Health Authority” Rule: Even if the employee’s private attending physician has issued a certificate, the law and the Implementing Rules of the Labor Code require a certification from a competent public health authority (e.g., a government doctor from the DOH, a municipal health officer, or a specialist at a government hospital like the Philippine General Hospital).
What it must state: It must explicitly state that the disease is of such a nature that it cannot be cured within six (6) months even with proper medical treatment.
Attachment: You should definitely attach a copy of this certification to the notice sent to the employee and keep the original for your records in case of a DOLE inspection or labor dispute.
How about pregnant took an absence and was able to present a medical certificate duribg probationary period. Are they allowed to terminate employee?
In the Philippines, pregnant employees enjoy strong legal protection. Terminating an employee because of her pregnancy is a clear violation of the Labor Code and the Magna Carta of Women (RA 9710).
I have osteoarthritis on my right knee. I can walk normally. Slow speed. The cure is to take painkiller. I’m a govt employee a teacher by profession. Just seeking a little consideration for our School Heads for me not to transfer from one room to another specially in stairs which cause pain in my both knees. A little adjustment in one or two my teaching loads are adjusted but the other still in the process. In our meeting most of the teachers asking her not to implement” for the teacher move from one room to another” but she insisted that we have to do that. and her word too is IF WE CAN LONGER DO OUR DUTY WE ARE FREE TO GO. Is that a legal Superior way in addressing our concerns. Superiors if we do not want to do their directive JUST LEAVE THE DEPED. thanks for your answer.
As a government employee and a teacher, your superior’s “leave if you can’t do it” approach is not only insensitive but also legally questionable under the Magna Carta for Public School Teachers (RA 4670) and the Magna Carta for Persons with Disabilities (RA 7277). Under Section 13 of RA 4670, the state is mandated to protect the health of teachers, recognizing that physical and nervous strain are compensable occupational risks; furthermore, since your osteoarthritis substantially limits your mobility (a major life activity), you are entitled to Reasonable Accommodation under the law. This means your School Head has a legal obligation to provide “modified work schedules” or “adjusted workloads”—such as keeping your classes on the ground floor—unless they can prove it causes “undue hardship” to the school, which is a very high bar to meet. Threatening you with “freedom to go” for a medical condition could be considered Oppression or Discourtesy under Civil Service rules and potentially Discriminatory under RA 7277. You should formally request these accommodations in writing, supported by your medical certificate, and if the School Head refuses, you may elevate the matter to the Schools Division Office (SDO) or file a grievance with the Civil Service Commission (CSC) to protect your security of tenure.
Can a manager be terminated by the employer?
Yes, as long as the employer have a valid and lawful cause and follow due process under the Labor Code.
can an employee be terminated because of hiv?
Generally, no.
What if I have unplanned absences due to illness and then later found out to be symptoms of an HIV infection at the AIDS stage after getting tested? I have consistently informed my managers on my whereabouts and absences prior taking them and I update them regarding my condition. However, they escalated and use my absences as grounds for termination and now I have been summoned by the HR to NTE. I have also requested workplace accomodations and change of shift schedule where I think I can do my job well. Can I legally sue my managers for doing that?
Yes, you may have strong legal grounds to challenge your employer’s actions. If you wish to know what legal action you should take, you may consult our senior lawyer for only PHP 2,500 per 30-minute session. Thank you!
I initially submitted a resignation but my company said they will process it at a later and extend my HMO. Now I wanted to go back to work but they are telling me I’m unfit to work but was not able to provide med cert from a government doctor. I submitted the medical fit to work cert from my doctor who is a government doctor. Since I was diagnosed stgae5 kidney disease but now they are not processing my Separation pay and holding me off still thus prevention of me providing for my medicines since I can work because they are holding me off.is this legal?
Hi. I believe I’ve already responded to the comment.
Hello good morning Atty, pinagwowork padin kasi ako despite na nagpasa na ako medical certificate due to illness, rejected daw kasi sabi ng TL ko. Kasi nag fit to work ako prior ko manghingi ng certificate ng termination.
kung nag reresign po ba ako, at nireport sa DOLE. May makukuha padin kaya akong 1/2 x years of service? mahirap po kasi mawalan ng trabaho kaya naghahanap pa ako ng non-voice account. salamat po
Hello. A team leader cannot simply reject a medical certificate, especially if it was issued by a licensed physician. It is more important that the doctor issued your medical certificate “not fit to work”. As for the separation pay, under the law, you are not entitled if you resigned voluntarily. You will only receive your final pay such as pro-rated 13th month, unpaid salary, and converted leaves, unless it is specifically written in your contract or company policy.
I had mild stroke last April 21, 2025 and has been admitted to the hospital for 5 days. But after taking medications and rehab sessions, I am now doing ok and was already given a fit to work last June 25 from my Neurologist, Cardiolost and rehab doctor. But until now, my employer still hasn’t asked me to go back to work. Can I complain to NLRC? Thank you so much in advance!
Hello, we need additional information to determine the appropriate legal action.
We would like to know the following:
1. Have you made a formal request to return to work?
2. Has your employer provided any valid reason for not allowing you to resume work?
3. Is your employer unjustly refusing to reinstate you despite being medically cleared and declared fit to work?
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I was diagnosed with brain aneurysm and was given fit to work by my neuro. The Dr. strongly suggest that I should work on a morning shift to lessen the trigger of my aneurysm. I am currently working on a night shift since there is no available work for me on a day shift. What advise can you give? Should I submit a resignation or should I request for a medical separation due to illness?
This is best discussed with the employer, but there is nothing lost from requesting the latter.
What if the employee refused to present medical cert from a competent public authority, the employee is already due for 6 six months. Employee refused to submit med cert since she is scheduled for another operation. can we submit notice of termination po? We already mailed the NTE to the employee. However, after 15 days period she was unable to submit med cert.
This can certainly inform the termination if she fails to explain.
Are all employers located in the Philippines (registered and with manufacturing operations in the Phils but is multinational) exempt from paying medical separation benefits?
Companies doing business in the Philippines are subject to Philippine labor laws.
I work in a call center operating 24/7. My original shift when I got hired was 12nn – 9pm. After the pandemic my schedule changed to night shift. 2021 when I was diagnosed with Hypertension 2 and was given medication. From then once in a while my BP shoots up and I am being rushed to the ER. Just last November of 2023, I experienced palpitations and frequent elevation of my BP so I went to a different cardiologist for second opinion, all lab test was done and it was found out that my BP elevates during the night. My cardio prescribed me a different medicine and gave me a medical certificate stating that I am not fit to work at night and he recommends me to be put on a morning shift to control elevation of my BP at night. My employer then accommodated my doctor’s request placed me on a morning shift after a month without pay because they said that they will be looking for an available slot for me. Morning shift worked for my health because my BP was controlled and I no longer experience palpitations. However after 3 months, employer then decided to place some of us who is in the morning shift who has medical condition to be put on the night shift because of business needs. The only option they gave us is not to go to work and be on LOA, accept the night shift or resign. They did not ask or request for clearance from our doctor if we can already work the night shift. Since we all need money to pay for our bills, we have no choice but to take the night shift. After a week, I noticed that same symptoms returned, BP elevation and palpitations. I then skipped a day or two at work however my boss then requested a medical certificate from my cardio stating that I am fit to work at night or else they will not let me go to work even if they all know that I previously presented medical documents stating that I am not fit to work at night. I am currently on LOA without pay since my cardio cannot clear me to work at night. I requested to be put back to my previous morning shift since it is clear that I am really not fit to work at night however employer stated that there are no more available slots in the morning. They gave me option to stay on LOA without pay for 6 months until I can get a clearance from my cardio and if after 6 months I am still not cleared then they will start processing medical termination. I would like to know if I can be terminated given that there is another way of me being able to work if they only place me on the morning shift like what they did the first 3 months of 2024?
From a legal standpoint under the Labor Code of the Philippines and RA 11058, your employer’s move toward medical termination may be contested as a form of constructive dismissal if it can be proven that a reasonable accommodation—such as your previous morning shift—remains a viable alternative to termination. While Management Prerogative allows companies to shift employees based on “business needs,” this is not absolute and must not be exercised with “manifestly high-handedness” or in violation of the employee’s right to health and safety. Under Department Order No. 147-15, medical termination is only valid if the disease is of such a nature that it cannot be cured within six months even with proper medical treatment; however, since your condition is manageable specifically through a shift adjustment that the company has already proven it can provide, the “necessity” of termination becomes legally questionable. Furthermore, the employer’s demand for a “Fit to Work” clearance for a night shift, despite having prior knowledge of your permanent restriction, could be viewed as creating an impossible condition to force a resignation or an unpaid LOA. You should consider filing a request for assistance through the DOLE-SENA (Single Entry Approach) to argue that the morning shift is a “reasonable accommodation” and that their refusal to provide it, despite its proven efficacy, constitutes an illegal circumvention of your security of tenure.
Can an employee demand if they’ve been given fit to work clearance to work from home only, but rejected by their manager since their workplace requires a hybrid setup?
Hi. In the Philippines, an employee generally cannot legally demand a work-from-home arrangement as an absolute right, even with a fit to work clearance. Work arrangements are usually based on mutual agreement and the employer’s discretion. However, there are significant situation if a condition or disability is involved.
can an a employee get terminated just because the got upper respiratory tract?
Hi! No, an employee cannot be legally terminated solely for having an upper respiratory tract infection.
how about ho if you have a heart condition?
as of now that it is pandemic, I have a doctor’s advice to work from home.
so right now I am partially wfh. I report to the office 2x a week and is being paid in full.
how about ho if the restrictions are eased.
sa ngayon I don’t think I can be able to work normally kasi sa layo ng work.
I’m from cavite and my work is in quezon city. i can ride but I can hardly walk, and I am having a hard time
climbing upstairs. sobrang hingal.
what advice can you give me plese>
can I just ask them to RESIGN for health reasons so at least I will receive something?
There is not normally a separation pay if an employee resigns unless there is a company policy otherwise.
if the employee were terminated with just cause during a pandemic? is it still need to have a 30day notice period and admin hearing?
Just cause terminations do not necessarily require 30 days’ notice, but they do require compliance with the two notice rule.
What if yung employee is more than 10 years na nagwowork and namatay siya? Is he/she entitled with Severance and Retirement pay? Thank you
Yes, he is entitled to separation pay.
hirap npo ako makatayo,makaupo at makalakad ng matagal kya po naka orthopedic partial disability po ako. Ilang buwan n po ako ng medications, physical theraphy and di na po tlga maayos condition ng lumbar spondolysis ko. operation daw po ang gagawin skin pra maayos ang sakit ko. pero tinerminate po ako ng office namin under article 297 withful disobedience daw po dhil di daw ako nagreturn to work. ayoko pong paopera sa spine dhil bukod sa mahal at natatakot po ako. puede naman daw po akong di maoperahan pero yung sakit ko ganun pa din . maillaban ko po sa dole ang kaso ko? maipapanalo ko po ba? kailangan po ba na government hospital pa ako magpacheck up? ksi po me health card kme s office and private doctor po ang pinaconsultahan ko.
The grounds for you to terminate does not match to your reality situation. I think you should seek assistance with the DOLE to help you address this problem.
Does this cover high risk pregnancy which is may require a woman to be out for 9 months?
It can be the basis for asking for leave.
Does a regular employee still allowed to receive separation pay if it was under authorized cause termination due to health condition?
Yes, generally the employee is entitled to separation pay as provided by law, as long as a medical certificate is issued by a competent public health authority.
pwede bang materminate ang employee kahit nagkaskit lang ng sipon at lagnat? pero nakapag paalam naman na aabsent dahil masama pkairamdam naterminate agad?
Talk to your company HR. Check the code of discipline.
Is type 2 diabetes and high blood pressure can be ground for termination due to illness?? The employee presented a certificate from her doctor but if you look at her she is able to work.
Under the labor code, termination due to illness must suffice these grounds. (1) illness is certified by a competent public health authority as incurable within 6 months even with proper treatment, (2) the employee is unfit to continue to work due to their condition.
Can consider the lost of one eye blindness permanently. Can avail termination of employment
Under Philippine law, permanent loss of vision in one eye is generally considered a form of permanent disability. If this condition makes it impossible or very difficult for you to continue performing your job duties, it can be a valid ground for termination due to health reasons.