Below is an extensive overview of the legal framework and practical considerations surrounding sick leave entitlements in the Philippines, focusing primarily on private-sector employees but also touching on government service rules for completeness. While “sick leave” in the strictest sense is not always mandated by law for every private-sector employee, there are several legal provisions and benefits that intersect to provide paid or partially paid leave due to illness.

1. Service Incentive Leave (SIL) Under the Labor Code

1.1 Basic Entitlement

The Labor Code of the Philippines (Presidential Decree No. 442) provides Service Incentive Leave (SIL) of five (5) days per year to employees who have worked for at least one year in a company.
This 5-day leave can be used for vacation purposes or sick leave (or any personal purpose), at the discretion of the employee.
The main reference is Article 95 of the Labor Code.

1.2 Coverage

SIL applies to all rank-and-file employees in the private sector, whether employed by commercial establishments or industrial enterprises, as long as:
- They have rendered at least one year of service.
- The employer is not otherwise exempt from providing SIL by law or regulation (e.g., establishments with fewer than 10 employees in some interpretations, or those already granting employees vacation leave, sick leave, or personal leave of at least five days).

1.3 Conditions and Usage

Once an employee has completed one year of service, the 5-day SIL is renewed every year.
It is typically non-cumulative, unless the employer’s policy states otherwise. If not used within the year, it may expire, but again, some companies allow these days to accumulate or convert them to cash, depending on company policy.

1.4 Conversion to Cash

Under Department of Labor and Employment (DOLE) policy, any unused SIL (if the employer does not have a more favorable arrangement or policy) is generally convertible to cash at the end of the year.
Conversion policies vary per company; some convert only unused days above a certain threshold, while others convert the entirety of unused leave days.

1.5 “True” Sick Leave vs. SIL

The Labor Code only mandates SIL, not a distinct, separately designated “sick leave” for most private-sector employees.
As a result, many private companies voluntarily provide additional sick leave days beyond the minimum 5-day SIL. This is done to attract and retain employees, or as part of a collective bargaining agreement (CBA) with a labor union.

2. SSS Sickness Benefit

For more serious illnesses, employees may avail themselves of the Social Security System (SSS) Sickness Benefit:

2.1 Eligibility

Covered private-sector employees who are SSS members and who have paid the required monthly contributions can receive daily cash benefits from the SSS if they are:
1. Confined at home or in a hospital for at least four (4) days due to an illness or injury.
2. Unable to work due to the illness or injury.
3. Have used up their current year’s company-paid sick leave (if any) or have no further employer-provided paid leave available.

2.2 Amount and Duration

The SSS sickness benefit is usually 90% of the employee’s average daily salary credit (ADSC).
The number of compensable days is up to 120 days in one calendar year (if the illness/injury or recovery period demands that length of absence).

2.3 Filing Requirements

The employee must notify the employer within five (5) days after the start of the sickness or injury.
The employer typically advances the daily SSS sickness benefit to the employee and later files a reimbursement claim with the SSS.

3. Additional Leaves with Medical or Health Elements

Although not strictly “sick leave,” there are other special leaves under Philippine law that are used for medical reasons or in health-related situations:

3.1 Magna Carta for Women (RA 9710) – Special Leave Benefit

Under Section 18 of the Magna Carta of Women, female employees who undergo surgery caused by gynecological disorders are entitled to a special leave benefit of up to two (2) months with full pay.
Employers typically require medical certification specifying the gynecological condition and the need for surgery.

3.2 Maternity Leave (RA 11210)

The Expanded Maternity Leave Law entitles female employees to up to 105 days of paid maternity leave for live childbirth (with an additional 15 days if she is a solo parent, totaling 120 days).
For miscarriages or emergency termination of pregnancy, the law provides 60 days of paid leave.
Though maternity leave is not “sick leave,” it does address an employee’s health-related absence, ensuring financial protection.

3.3 Paternity Leave (RA 8187)

Married male employees are entitled to seven (7) days of paternity leave with full pay for the first four deliveries of the legitimate spouse.
This is again not “sick leave” but is a health-related statutory leave for family obligations.

3.4 Violence Against Women and Their Children (VAWC) Leave (RA 9262)

Women employees who are victims of physical, sexual, or psychological violence are entitled to 10 days of paid leave, extendable when necessary.
Although related to health and well-being, it is not strictly categorized as “sick leave.”

4. Government Employees

In the public sector, permanent government employees have a different structure for sick leave:

Under Executive Order No. 292 (Administrative Code of 1987) and Civil Service Commission (CSC) rules, regular government employees typically enjoy:
- 15 days of vacation leave per year, and
- 15 days of sick leave per year, both with full pay.
These leaves are cumulative and can be carried over to succeeding years if unused. They may also be commuted to cash under certain conditions (e.g., upon retirement or separation from service, or at year-end conversion).

5. Company Policy, CBAs, and Best Practices

5.1 Company-Issued Sick Leave

Many employers in the private sector maintain a separate and more generous sick leave program than the statutory 5-day SIL.
Policies can vary widely, offering anywhere from 5 to 15 or even 30 days of sick leave per year, depending on the size and nature of the business, or the bargaining power of employees’ unions.

5.2 Documentation

Employers often require medical certificates or other documentation for absences exceeding a specified number of days (commonly two or three consecutive days).
Any requirements for proof of illness should be set out in the company policy or in the collective bargaining agreement for unionized workplaces.

5.3 Collective Bargaining Agreements

In unionized settings, CBAs frequently provide for separate sick leave banks, higher allotments of paid leave, or partial pay beyond the standard 5 days.
CBAs may also detail the processes for converting unused sick leave to cash, carrying over to the next year, or bridging employees on extended illness until they can access SSS sickness benefits.

6. Practical Advice for Employers and Employees

Know Your Company Policy
- Employees should review their employment contracts, company handbooks, or CBAs to understand the specific policies on sick leave entitlement, documentation, and processes.
Check SSS Coverage
- Employees who suffer longer illnesses (beyond the typical few days) should coordinate with their HR department to ensure proper filing of SSS sickness benefit claims.
Observe Proper Filing Deadlines
- For the SSS sickness benefit, timely notification to both employer and SSS is crucial for claim approval and reimbursement.
Maintain Good Records
- Employers must keep accurate records of leave usage and balances to avoid confusion and disputes.
- Employees should likewise keep track of their leave usage and any necessary medical documents.
Look at Special Leave Laws
- Female employees facing gynecological procedures or employees who might qualify for other specialized leave (e.g., VAWC leave, maternity leave) should confirm eligibility under those statutes.

7. Enforcement and Dispute Resolution

Department of Labor and Employment (DOLE) oversees enforcement of labor standards in the private sector, including compliance with Service Incentive Leave rules.
Employees who believe they have not received the minimum 5-day annual SIL (or conversions if unused) may file a complaint with the DOLE’s Regional Office.
In government, the Civil Service Commission (CSC) hears administrative matters concerning leave entitlement disputes for government workers.
For disputes over SSS benefits, employees or employers may contact the Social Security System or pursue remedies with the Social Security Commission.

8. Key Takeaways

No Universal Separate Sick Leave Mandate for Private Sector: Philippine labor law mandates 5 days of Service Incentive Leave per year as the minimum. Companies, however, may voluntarily offer distinct and more generous sick leave benefits.
SSS Sickness Benefit: Employees who need prolonged absences due to illness may rely on the SSS sickness benefit for wage replacement after the first three days of absence.
Special Leaves: There are various special leave laws (e.g., Magna Carta for Women, VAWC, maternity leave) that cover specific health-related situations for female workers or other circumstances.
Government Employees: The public sector grants 15 days of sick leave (and 15 days of vacation leave) per year, both cumulative.
Company-Specific Rules: Always check internal policies or CBAs for details on entitlement, documentation, and accrual or conversion options.

Conclusion

“Sick Leave” in the Philippines is a patchwork of different legal provisions, voluntary employer policies, and government social insurance benefits. The labor law minimum is effectively encapsulated in the Service Incentive Leave of five days, though many employers enhance or separately categorize sick leave to support employee well-being and comply with competitive norms. For longer illnesses, the SSS sickness benefit provides financial relief, while specific circumstances (maternity, gynecological surgery, violence against women, etc.) are addressed through special statutory leaves. Familiarity with these provisions—and careful maintenance of documentation—is key for both employers and employees, ensuring that health-related absences do not unduly disadvantage workers while allowing businesses to operate effectively within Philippine labor law.