Employee Rights for Medical Absences in the Philippines
(private-sector focus, updated to 25 April 2025)
1. Governing sources
| Tier | Key instruments | Illustrative provisions |
|---|---|---|
| Constitution & treaties | 1987 Constitution (Art. II §18; Art. XIII §§2–3); ILO C.102 & C.183 (ratified) | Social justice; maternity protection |
| Statutes (general) | Labor Code of 1974, as amended (PD 442) Arts. 94-97, 299 [284] etc.; Social Security Act 2018 (RA 11199); OSH Law 2018 (RA 11058); Data Privacy Act 2012 (RA 10173) | Service Incentive Leave (SIL); SSS sickness cash allowance; right to refuse unsafe work; medical-data confidentiality citeturn10search0turn8search5turn7search0turn17search1 |
| Statutes (special leaves) | RA 11210 (Expanded Maternity Leave); RA 8187 (Paternity); RA 9710 (Magna Carta of Women, 60-day gynecological leave); RA 9262 (VAWC 10-day leave); RA 11861 (Expanded Solo-Parent Act); RA 11036 (Mental Health) | Paid or protected absences of specific duration citeturn2search0turn3search0turn5search0turn6search0turn4search0turn13search0 |
| Administrative rules & advisories | DOLE D.O. 198-18 (OSH IRR); D.O. 147-15 (termination due to disease); D.O. 208-20 + Labor Advisory 19-23 (mental-health programs); Labor Advisory 01-22 (paid isolation/quarantine leave – encouraged) | Procedural detail & due-process standards citeturn7search4turn11search2turn18search0turn15search3 |
| Jurisprudence | Tan v. NLRC, G.R. 202996 (2014); Lumagas v. Maersk, G.R. 256137 (2024); Guinto v. Jollibee, G.R. 250987 (2022) | SC insists on twin-notice & certified medical findings before dismissal for illness; awards SIL retroactively citeturn16search0turn16search4turn10search8 |
2. “Ordinary” sickness absence
| Entitlement | Coverage & duration | Funding | Proof / procedure |
|---|---|---|---|
| Service Incentive Leave (SIL) (Art. 95 LC) | 5 paid days per year after 12 months’ service; may be used for illness or vacation; small firms (<10 data-preserve-html-node="true" workers) exempt | Employer | Leave form; medical certificate only if company policy requires citeturn10search0 |
| SSS Sickness Benefit | Up to 120 compensable days per calendar year; 90 % of Average Daily Salary Credit (ADSC) | Reimbursed by SSS to employer (who advances payment) | At least 4 days confinement + medical certificate + notice within 5 days citeturn8search5turn8search3 |
| Employees’ Compensation (EC) | Work-related sickness/injury; daily cash allowance, medical services, rehab | State Insurance Fund via SSS/GSIS | Employer’s ECC report + physician’s certification citeturn9search0 |
Tip: SIL can be converted to cash if unused at year-end, but SSS/EC benefits are non-convertible and require actual incapacity.
3. Special statutory medical leaves
| Leave | Days w/ pay | Eligibility trigger | Notes |
|---|---|---|---|
| Maternity (RA 11210) | 105 days (live birth) + 15 days if solo parent; 60 days (miscarriage/ETP); option to extend 30 days unpaid | All female employees, every pregnancy | May transfer up to 14 days to child’s father/alternate caregiver citeturn2search1turn2search8 |
| Paternity (RA 8187) | 7 days, first 4 deliveries of lawful spouse | Married male employees | Can combine with 7 days transferred maternity leave (max 14) citeturn3search0 |
| Solo-Parent Parental (RA 11861) | 7 days | Solo-parent I.D.; ≥6 months service | Non-cumulative, non-convertible citeturn4search2 |
| Gynecological Surgery (RA 9710 §18) | Up to 60 days per year | Women after surgery for gynecological disorder; ≥6 months aggregate service in last 12 months | Employer-funded (not SSS) citeturn5search0 |
| VAWC Leave (RA 9262) | Up to 10 days per instance | Female victim-survivors of violence or supporting child-victim | May be extended by court order; non-convertible citeturn6search0 |
| Quarantine / Isolation | Duration of DOH-prescribed isolation | Advisory only (Labor Adv. 01-22) | Firms urged to grant paid leave atop existing entitlements citeturn15search3 |
4. Occupational Safety, Medical Clearance & Right to Refuse Unsafe Work
- Free Medical Services – Establishments with ≥50 workers must maintain an occupational health clinic; all workers have free access to first-aid and annual medical exam under the OSH Standards and RA 11058. citeturn7search0
- Right to Safe Conditions & to Refuse Work – Sec. 6 RA 11058 empowers employees to stop work when imminent danger exists. citeturn7search0
- Mental-Health Policies – DOLE D.O. 208-20 requires every private employer to adopt a workplace mental-health program, prohibit stigma, ensure confidentiality, and allow reasonable accommodation (flexi-time, leave, duty modification). citeturn18search0
5. Protection against discrimination, privacy breaches & unlawful dismissal
| Protection | Core rule |
|---|---|
| Disability & chronic illness | RA 7277 (Magna Carta for PWDs) & RA 11036 ban discrimination and require reasonable accommodation for conditions that substantially limit major life activities. citeturn12search0turn13search2 |
| Medical-data privacy | Health information is sensitive personal data; disclosure requires consent or a lawful purpose (Data Privacy Act 2012; NPC Opinions). Employers may ask only information strictly necessary to administer benefits or ensure safety. citeturn17search0turn17search2 |
| Termination due to disease | Art. 299 [284] LC + D.O. 147-15: must prove that (1) employee’s disease is incurable within 6 months and continued employment is prejudicial to health; (2) certification by a competent public health authority; (3) twin-notice & opportunity to respond; separation pay = ½-month salary per year of service. SC annuls dismissals that skip any step. citeturn11search1turn16search1 |
6. Employer compliance checklist (private sector)
- Draft a unified leave matrix that integrates statutory leaves, SSS/EC benefits and any company-paid sick leave.
- Issue clear procedures for medical certificates, notice periods, and SSS filing; never require disclosure of diagnosis beyond what is needed.
- Maintain OSH & mental-health programs (D.O. 198-18; D.O. 208-20).
- Train HR & supervisors on due process for illness-related discipline/termination.
- Keep medical records encrypted & access-controlled to satisfy RA 10173.
- Consult the union or workers’ reps before rolling out quarantine-leave or flexible-work schemes.
Non-compliance may expose employers to: (a) DOLE OSH fines of ₱20,000-100,000/day; (b) NLRC awards of backwages & damages; (c) SSS reimbursement denial; (d) privacy penalties up to ₱5 million and imprisonment.
7. Practical tips for employees
- Keep copies of SSS contributions & medical certificates; missing contributions can bar sickness claims.
- If facing dismissal for illness, insist on a DOH- or DOLE-licensed physician’s certification and make a written reply—lack of it often voids the dismissal.
- For unpaid special leaves, file a money claim at the NLRC within three years.
- Request reasonable accommodation in writing (e.g., phased return-to-work, remote work) and cite RA 11036/RA 7277.
8. Emerging developments to watch (2025+)
| Proposal | Status (Apr 2025) |
|---|---|
| House Bill 1381 / Senate Bill 2704 – 15-day paid “Sick Leave Act” for all workers | Approved at House (Jan 2025); pending Senate Labor Committee |
| Mental Health Leave Bill – 5 paid days separate from SIL | Re-filed; DOLE supports in principle |
| Expanded Quarantine & Disaster Leave | Under study by Tripartite Industrial Peace Council |
Stay alert to DOLE advisories and final legislation before adjusting policies.
Disclaimer: This article is for general information only and is not a substitute for formal legal advice. For case-specific guidance, consult a Philippine labor-law practitioner or the nearest DOLE field office.