Simplified Query: Are employers required to pay domestic workers who are absent due to illness in the Philippines?
Under Philippine law, specifically the "Batas Kasambahay" (Republic Act No. 10361), domestic workers, or "kasambahay," are entitled to certain benefits, including daily rest periods, a weekly rest day, and service incentive leave after one year of service. However, the provision directly regarding sick leave is not explicitly outlined in the law as it is for other types of employees under the Labor Code of the Philippines.
For general employment, the Labor Code provides that employees who have rendered at least one year of service are entitled to service incentive leave of five days with pay. However, for domestic workers, the law requires that they be provided with an opportunity to finish at least eight hours of rest per day and at least one whole day uninterrupted rest per week. The law also mandates that the employer must enroll their domestic workers in the Social Security System (SSS), which provides benefits for sickness, maternity, disability, retirement, and death.
The sickness benefit from SSS is applicable when a kasambahay has paid at least three monthly contributions within the 12-month period immediately before the semester of sickness or injury. The kasambahay who is unable to work due to sickness or injury and is confined either in a hospital or at home for at least four days may avail themselves of SSS sickness benefits, provided they have used up all current company sick leaves with pay.
Employers are encouraged to provide health care benefits to their kasambahay either through private provider plans or through Philippine Health Insurance Corporation (PhilHealth) coverage, which they are required to procure. These health benefits are critical, especially when a domestic worker falls ill and cannot perform duties.
In practice, while the law does not explicitly mandate payment for days not worked due to sickness beyond the SSS benefits, humane treatment and the general principles of fairness suggest that employers consider the welfare of their domestic workers, especially in cases of illness. The relationship between domestic workers and employers is uniquely personal and often familial, which may encourage more generous leave policies than the statutory minimum.
In conclusion, while the payment for sick days for domestic workers is not explicitly required by the "Batas Kasambahay," except through SSS benefits, the overall health and welfare provisions in the law alongside general labor standards encourage a supportive approach to employee health issues. Employers are advised to provide a supportive environment that acknowledges the health needs of their domestic workers, possibly extending beyond the minimum legal requirements.