Below is a comprehensive discussion of employee sick leave rights under Philippine law, specifically focusing on situations involving medical surgery. While Philippine labor laws do not expressly differentiate between illness and surgery in terms of leave entitlements, certain legal provisions apply to employees who require time off due to health-related reasons, including surgery. These include service incentive leave under the Labor Code, Social Security System (SSS) sickness benefits, possible Employees’ Compensation (EC) benefits for work-related conditions, and relevant company policies or collective bargaining agreements (CBAs).

1. Basic Framework: The Labor Code and Service Incentive Leave

a. Service Incentive Leave (SIL)

Under Article 95 of the Labor Code of the Philippines, employees who have rendered at least one year of service are generally entitled to five days of paid Service Incentive Leave (SIL) each year.
Employers may allow employees to use SIL for various purposes, including vacation or sick leave. Some companies expand this to include medical check-ups or surgeries, but the law itself only provides the minimum of five days.
Unused SIL can be carried over or converted to cash at the end of the year, depending on the employer’s policy. However, the law only sets out the minimum; many employers have more generous leave packages.

b. Limitations and Flexibility

Since SIL is only five days per year, this statutory provision alone is often insufficient for an employee undergoing major surgery. Many employers voluntarily provide separate or additional sick leave credits in company policies or through CBAs.
If an employee’s surgery requires prolonged recovery (e.g., multiple weeks), the employee may exhaust SIL first, then look to other possible leaves, benefits, or arrangements.

2. SSS Sickness Benefits

Because SIL or company-granted sick leaves might not cover extended periods of absence after major surgery, the next legal recourse for private sector employees is the Social Security System (SSS) sickness benefit under the Social Security Act of 2018 (Republic Act No. 11199).

a. Coverage and Eligibility

Who is covered? All employees who are SSS members, with the required number of monthly contributions.
Qualifying conditions:
- The employee must have been confined (at home or in a hospital) for at least four days due to an illness or injury, including post-surgery recovery.
- They must have paid at least three monthly contributions within the 12-month period immediately before the semester of illness or surgery.
- They must have used up all company-paid sick leaves (if any) for the current year.
- Proper notice must be given to the employer within five calendar days of the start of the sickness or injury.

b. Benefit Amount and Duration

The daily SSS sickness benefit is 90% of the employee’s average daily salary credit.
Employees can receive up to a maximum of 120 days of SSS sickness benefit in one calendar year, provided they remain medically unfit to work and meet the continuing eligibility criteria.
The employer initially advances the sickness benefit to the employee and later applies for reimbursement from the SSS.

c. Filing Procedures

The employee notifies the employer as soon as possible (within five days).
The employer files an SSS sickness benefit claim on behalf of the employee, providing the necessary medical certificate or documents.
The SSS processes the reimbursement to the employer if all requirements are fulfilled.

3. Employees’ Compensation (EC) Benefits for Work-Related Surgery

If the employee’s surgery is required because of a work-related injury, illness, or accident, the Employees’ Compensation Commission (ECC) system may come into play:

Qualification: Must be an SSS member whose condition or injury is directly related to their employment.
Benefits: May include medical services, rehab services, and cash benefits if the surgery and recovery period are job-related. Benefits are separate from SSS sickness benefits, although they are administered similarly.
Process: Similar to SSS sickness benefit claims, but the employee must show that the injury or illness is work-related.

4. Company Policies and Collective Bargaining Agreements (CBAs)

Many employers provide benefits that exceed the statutory minimum (five days of SIL) to attract and retain talent. These can include:

Additional Sick Leave Credits: Some companies grant 15, 30, or more days of sick leave annually.
Emergency Leave or Medical Leave Provisions: Extra paid or unpaid leave specifically for surgeries or long-term illnesses.
Short-Term or Long-Term Disability Benefits: Certain private insurance or company-sponsored plans that provide partial salary replacement during extended medical absences.

If a union is present, collective bargaining agreements (CBAs) may stipulate more generous leave benefits or more straightforward procedures for availing extended medical leaves.

5. PhilHealth and Hospitalization Support

Although PhilHealth coverage does not directly relate to leave privileges, it is important to mention that:

Hospitalization Expenses: PhilHealth coverage helps reduce surgical and hospital bills.
Coordination with Other Benefits: The employee may concurrently use PhilHealth for hospital bill discounts and SSS sickness benefits for wage replacement during recovery.

6. Maternity, Paternity, and Other Special Leaves (for Certain Surgeries)

Depending on the nature of the surgery and/or the employee’s gender, the following special leave laws could be relevant:

Maternity Leave (R.A. 11210): If the “surgery” is related to childbirth or complications thereof, female employees are entitled to 105 days of paid maternity leave (120 days if the mother is a solo parent), plus an option to extend without pay for an additional 30 days.
Paternity Leave (R.A. 8187): Not specifically for surgery, but male employees whose spouses undergo childbirth-related medical procedures may get seven days of paid paternity leave, if they qualify.
Gynecological Surgeries (R.A. 9710 – Magna Carta of Women): Women who undergo certain gynecological surgeries (e.g., hysterectomy) may be entitled to the Special Leave Benefit for women. This provides up to two months of paid leave, depending on medical advice and employer policy compliance, for surgeries directly related to female reproductive health.

7. Procedural Tips for Employees Undergoing Surgery

Notify the Employer Early: Once surgery is scheduled (elective or planned), employees should inform their employer and HR department about the need for extended leave.
Secure Medical Documentation: A medical certificate or fit-to-work clearance from a doctor is typically required.
Check Company Policy on Leaves: Find out if the employer offers more than the statutory five days or if they have a separate sick leave allocation.
Coordinate with SSS: Ensure that you have sufficient SSS contributions and keep track of the deadlines (notify employer within five days of illness/surgery) to maximize sickness benefits.
Consider Filing for EC (if relevant): If the condition or injury is work-related, check eligibility under the Employees’ Compensation Commission.
Follow HR Procedures Thoroughly: Employers often have specific forms and internal processes. Delay in filing can affect leave pay or SSS reimbursement.

8. Legal Remedies and Enforcement

If an employer unreasonably denies legitimate sick leaves or fails to process SSS claims:

The employee may file a complaint with the Department of Labor and Employment (DOLE) for labor standards violations, especially if the employer refuses to grant the statutorily mandated SIL or to follow correct procedures for SSS sickness benefits.
The employee may seek assistance from the SSS to clarify or enforce benefit entitlements under the Social Security Act.
In cases of disputes regarding the proper use of SIL, or if the company’s policy or a CBA is being violated, employees can bring the matter to the appropriate labor tribunal or grievance mechanism.

9. Key Takeaways

Service Incentive Leave under the Labor Code provides a minimum of five days’ paid leave, which can be used for surgery or other sickness.
SSS sickness benefits can significantly help with wage replacement if the employee meets the contribution and notification requirements. This is often crucial for longer recovery times after major surgery.
Company policies and CBAs frequently provide additional sick leave benefits beyond the statutory minimum—employees should check their specific entitlements.
In cases of work-related injuries or illnesses, Employees’ Compensation coverage may provide additional compensation.
PhilHealth can help lower hospitalization costs, while maternity-related surgeries or gynecological procedures may fall under specialized laws that grant extended paid leaves.

Overall, employees undergoing medical surgery in the Philippines must rely on a combination of statutory leave entitlements (SIL), SSS sickness benefits, potential EC benefits (for work-related cases), PhilHealth coverage, and any extra leave or benefits provided by company policy. Coordination with HR, thorough documentation, and timely filing with SSS are crucial for smooth processing and protection of one’s rights.