LETTER TO A LAWYER

Dear Attorney,

I hope this letter finds you well. I am writing to seek your expert legal guidance regarding a situation I am currently facing at my workplace. When I was offered my position, one of the expressly stated benefits was the inclusion of paid sick leave. Recently, I fell ill for two consecutive days. During this period, I obtained valid medical documentation to justify my absence. I also have additional paid time off (PTO) credits available. Despite these clear circumstances, my employer has refused to recognize these absences as paid sick leave and has tagged them as unpaid. This is particularly concerning because my employment agreement seemed to promise coverage for precisely this kind of situation.

I would like to request your advice about the legal merits of my concern, as well as any possible recourse under Philippine labor laws. I am determined to assert my rights respectfully and lawfully. I have decided to exclude all names and specific identifying details to protect confidentiality and avoid divulging information that might breach any privilege. Any guidance or insight you can offer would be greatly appreciated.

Sincerely,
A Concerned Employee

LEGAL ANALYSIS AND DISCUSSION

Introduction and Overview of Paid Sick Leave in the Philippines
In the Philippines, labor law is governed primarily by the Labor Code of the Philippines (Presidential Decree No. 442, as amended), along with special laws and regulations promulgated by the Department of Labor and Employment (DOLE). While the Labor Code comprehensively addresses several kinds of employee entitlements—such as minimum wage, hours of work, rest days, holidays, holiday pay, overtime, and service incentive leave—it does not explicitly provide a universal statutory mandate for paid sick leave for private-sector employees. Instead, many employers extend sick leave as a matter of company policy, collective bargaining agreements, or individual employment contracts.

In your scenario, the employer’s explicit offer of sick leave benefits effectively becomes part of the employment package—an element of what is often termed the “company policy” or “company practice.” If the job was offered to you with a clear stipulation that you would have paid sick leave for situations such as illness, that provision will generally be interpreted in light of contractual obligations and the principle of management prerogative, balanced against employees’ rights to the privileges stated in the contract.

There is, however, a standard five-day Service Incentive Leave (SIL) mandated under the Labor Code for employees who have worked for at least one year in a given company. This SIL can be used for various personal reasons, including sickness. Nonetheless, many companies choose to go beyond that statutory minimum and offer separate sick leave, vacation leave, or paid time off (PTO) under their internal policies. Once such benefits are explicitly promised, the employer is ordinarily expected to honor them, absent any legitimate, documented reason for denial (such as unavailability of leave credits or failure to comply with the requirements for availing the leaves).

Given your account, you have valid medical documentation verifying your illness. Moreover, you possess sufficient PTO credits that could cover these absences. If the employer’s policy or your employment contract indicates that an employee may use available PTO credits for sick days, or if it states there is a specific sick leave allocation, refusing to apply the leave credits might raise legal questions about breach of contract or violation of a long-standing company practice that has become an employee right through repeated and consistent implementation.

Legal Basis for Leave Benefits in the Philippines
a. Labor Code (Service Incentive Leave or SIL)
Under the Labor Code, a covered employee who has rendered at least one year of service is entitled to a Service Incentive Leave of five days with pay. Although these five days are often used at the employee’s discretion, including for sickness, once they are depleted, there is no statutory obligation for an employer to provide additional paid days unless stipulated in the employment contract or made available as a matter of company practice.

b. Contractual or Company Policy Provision
Employers often adopt a more generous leave policy as a way to attract and retain talent. Sometimes, employees are granted separate sick leave days or an integrated paid time off system encompassing vacation days, sick leaves, and personal leaves. If such a system is described in an employee handbook, internal regulations, or in an employment contract, the terms will generally govern how these leaves may be used.
Since you specifically mention that your employer promised sick leave at the time you were hired, it could be integral to your employment contract or standing company policy. If that promise or policy was clearly conveyed, the employer cannot unilaterally withdraw or refuse the benefit without due notice and legitimate business justification.

c. Company Practice Doctrine
Aside from explicit contract clauses, a “company practice” may be established if a particular benefit (such as paid sick leave) has been provided consistently over a considerable period. The Supreme Court of the Philippines has upheld the principle that a benefit habitually given to employees for a significant period can ripen into a contractual obligation on the employer’s part. However, you should evaluate how long this benefit has been operational and whether it was unequivocally extended to similarly situated employees.
Validity of Medical Documentation and Employer’s Denial of Leave
You mention that you acquired medical documents confirming your inability to work for those two days. It is crucial to confirm that you presented these documents promptly and in accordance with any procedural requirements your employer may have. Employers usually set out guidelines, such as:
- Informing one’s immediate supervisor or the HR department of the illness within a certain timeframe;
- Submitting a medical certificate signed by a duly licensed physician if the absence exceeds a certain number of days (often two days or more);
- Using the appropriate forms (online or otherwise) for leave application.
If you have complied with these policies and your documentation is legitimate, the employer’s refusal to grant paid sick leave or utilize your PTO credits raises questions about potential non-compliance with existing company policies.
Paid Time Off (PTO) and Its Legal Implications
PTO is generally a flexible leave arrangement under which an employee receives a certain number of paid days off per year, encompassing different types of leave: vacation, personal, and sick leave. Since you state that you have additional PTO credits, and PTO was presumably recognized by the employer as part of your remuneration package, it is reasonable to expect that any qualifying absence can be charged against this PTO balance, subject to your company’s guidelines.
Under general contract principles, if the agreed-upon terms included the right to use PTO for sickness, the employer’s refusal may be construed as a violation of the employment contract. The question hinges on whether your contract, or any official company policy, specifically designates how PTO may be used, or if there are separate allocations for sick leaves and vacation leaves.
Relevant Labor Regulations and Case Law
While there is no single statutory provision that directly compels private companies to offer paid sick leave beyond the Service Incentive Leave, Philippine jurisprudence and DOLE issuances provide guidance on disputes involving leave benefits:
- The Supreme Court consistently holds that an employer’s established policy or practice, if favorable to employees, cannot be unilaterally withdrawn if it has already ripened into a benefit that employees have relied on and come to expect.
- The Department of Labor and Employment encourages employers to adopt policies that promote workers’ health and well-being. If your employer specifically listed “paid sick leave” or “use of PTO for sick days” in your employment agreement, that arrangement should ordinarily be respected unless there are extenuating circumstances.
- In some cases, disputes arising from the denial of company-granted benefits can be brought before the National Labor Relations Commission (NLRC) as a labor standards or labor rights violation.
Potential Causes of Action
Based on your narrative, the possible legal angles you can explore include:

a. Breach of Contract
If the written terms of your employment provide for paid sick leave or the usage of PTO for health-related absences, the refusal to grant such leave might constitute a breach. Your recourse could involve invoking the contract’s explicit clauses or demanding that HR or management provide a valid, written explanation for their refusal.

b. Violation of Labor Standards or Company Practice
Even in the absence of a specific contract clause, if your employer had a well-established practice of granting paid sick leave in similar scenarios, you might argue that they are now deviating from a binding company practice without legitimate cause. Pursuant to Philippine jurisprudence, when a benefit is granted over time and is not discretionary on the employer’s part, it can no longer be revoked without proper notice or negotiation.

c. Constructive Dismissal (in Extreme Cases)
Although your situation does not immediately suggest constructive dismissal, repeated refusals to honor contractual or policy-based entitlements, coupled with discriminatory treatment or significant diminution of benefits, could potentially lead to a claim that you are effectively being forced out under less favorable working conditions. This is a more complex scenario that usually involves additional elements like demotion, harassment, or malicious reduction of pay or benefits.
Administrative Remedies
Before proceeding with any formal legal complaint, employees in the Philippines typically are encouraged to utilize internal grievance mechanisms, which might involve a direct written appeal to Human Resources or a meeting with management representatives. You can also check whether your company policy prescribes a particular internal dispute resolution process or if there is a labor-management committee in place.

If these attempts prove unfruitful, you could consider approaching the DOLE for mediation. Under Department Order No. 151-16, there is a voluntary arbitration or conciliation-mediation process through the Single Entry Approach (SEnA). This approach aims to resolve labor disputes speedily without formal litigation.

Should these administrative measures fail, you may file a complaint with the Labor Arbiter at the NLRC. The Arbiter can adjudicate on issues relating to labor standards, including alleged non-payment or underpayment of benefits that the employer promised.
Social Security System (SSS) Sickness Benefit
Apart from company-provided sick leave, the Social Security Act of 2018 (Republic Act No. 11199) provides for SSS sickness benefits. An employee who is unable to work due to illness or injury and has the necessary qualifying contributions may be entitled to a daily cash allowance from the SSS for the duration of the sickness, up to a maximum number of days per year. However, this is different from employer-granted paid sick leave because it is a government-sponsored benefit that involves reimbursement to the employer for salary advanced to an employee. If an employer chooses not to advance the payment, you may be able to claim it directly from SSS, but the process can be more cumbersome. It is crucial to differentiate between an employer’s refusal to provide contractual sick leave benefits and your entitlement to government-provided sickness benefits.
Practical Considerations and Next Steps
a. Documentation
Compile all written documents relevant to your leave entitlement:
- Your employment contract, offer letter, or any written policy describing sick leave or PTO;
- Any written communications with HR or your immediate supervisor approving or discussing your leave usage;
- The medical certificate or other proof of illness;
- Any employee handbook or internal memo.
b. Open Dialogue
Prior to escalating the matter, consider writing a polite but firm letter or email to HR or management. This correspondence should:
- Reference the relevant clauses in your contract or the policy that stipulates paid sick leave or PTO usage;
- Attach or reiterate your medical documents, ensuring they clearly cover the dates you were absent;
- Request an explanation for the denial, citing the discrepancy between their stated policies and their actions.
c. Seek Mediation or Consultation with DOLE
If the situation remains unresolved, you can approach the DOLE Regional Office and request assistance under the Single Entry Approach (SEnA). An assigned conciliator-mediator will then attempt to facilitate an amicable settlement between you and your employer.

d. Filing a Complaint
If mediation fails, you may opt to file a formal complaint with the Labor Arbiter of the NLRC. Provide all your documentation and any other evidence that supports your claim. The Arbiter will evaluate whether your employer has violated labor standards, contractual provisions, or the principle of binding company practice.

e. Legal Counsel
Although legal representation is not absolutely required at the administrative level, it is highly beneficial to consult an attorney if you decide to pursue an NLRC case. Counsel can help you navigate procedural requirements, present your evidence in the best manner, and articulate the relevant legal principles.
Potential Defense from the Employer
On the employer’s side, they might argue that you did not follow the proper procedure for availing of sick leave, or that their policy only covers certain ailments under certain conditions. They may claim that your contract or their internal rules differ from your interpretation. Sometimes, the language in the company handbook is ambiguous, or management might have an internal policy requiring an employee to be regularized first before fully enjoying sick leave benefits.

If your contract states that you can start availing yourself of sick leave only after a probationary period, the employer may assert that you are not yet eligible. However, if you have been working with the company as a regular employee, this defense carries less weight. Moreover, if you had already used paid leaves for sickness or personal reasons in the past without issue, that precedent might strengthen your argument that the employer’s recent refusal is inconsistent or arbitrary.
Possible Remedies and Damages
If your employer is ultimately found to have violated your rights by refusing to grant legitimate paid sick leave, possible remedies may include:

Payment of the equivalent wages for the denied leave days;
Payment of statutory benefits or reinstatement of accrued leaves if that is consistent with the company policy;
In certain extreme cases where a broader labor rights violation is established, the Labor Arbiter or higher tribunals might award moral or exemplary damages, but such damages are typically granted only if there is proof of bad faith or malice on the part of the employer.

Distinguishing Sick Leave from Other Forms of Leave
It is important in the Philippine context to distinguish among the various types of leave that might be available:

Service Incentive Leave (SIL): Minimum five days mandated by law for employees after one year of service.
Sick Leave (SL): Employer-granted or collectively bargained. Could be separate from SIL or combined in a PTO system.
Vacation Leave (VL): Often distinct from SL or PTO in some companies; employees can use it for personal errands, rest, or leisure.
Paid Time Off (PTO): A consolidated system that merges various forms of leave into a single leave bank.
Maternity, Paternity, and Solo Parent Leaves: Governed by special legislation such as the Expanded Maternity Leave Law (Republic Act No. 11210), Paternity Leave Act (Republic Act No. 8187), and Solo Parents’ Welfare Act (Republic Act No. 8972).

Because your concern specifically involves taking sick days, the relevant portion is typically either the allocated sick leaves or PTO usage for health-related absences.

Employers’ Right to Manage and Validly Deny Leave
Employers have the prerogative to manage operational requirements. For instance, they might deny leave if an employee has exhausted all allowable leave credits or if the request was not submitted following established protocols. However, refusal must be grounded in valid policy reasons, consistent with company rules and relevant labor laws. Denying a legitimate sick leave request, backed by a valid medical certificate and sufficient leave credits, may be deemed an arbitrary exercise of management prerogative.
Significance of Documenting Conversations and Agreements
In any dispute involving leaves, thorough documentation is vital. If you have email exchanges or memos from HR verifying that your medical certificate was acceptable or that your absence was approved, they will be strong evidence. Conversely, if the denial was only communicated verbally and without a clear explanation, you may request that your employer clarify their position in writing. This fosters transparency and ensures that any misunderstanding can be immediately addressed.
Legal Advice for Employees in Similar Situations
a. Review your Contract and Policies Thoroughly
Before taking any further steps, double-check the clauses in your employment documents and the relevant policies. This will help you ascertain the legal basis for your claim of paid sick leave.

b. Maintain Professional Correspondence
Communicate your concerns calmly and professionally, ideally in written form, to create a paper trail. Avoid emotionally charged language or confrontations that might complicate the matter.

c. Keep Medical Records and Proof of Expenses
Since the dispute arises from an illness, maintain your medical records and any receipts for medication or hospitalization. Although the dispute primarily concerns paid sick leave, detailed records can substantiate the legitimacy of your illness should the need arise.

d. Consult a Qualified Labor Lawyer
Each case is unique. A lawyer can help you parse the finer details of your employment agreement and represent you effectively, especially if the matter escalates to the NLRC or the higher courts.

Policy Recommendations for Employers
From the employer’s standpoint, providing clear guidelines on sick leave usage and documenting them in the employee handbook or internal policy manuals can help avoid disputes. Ensuring that employees are well-informed about how to avail themselves of sick leaves, the required documentation, and the maximum allowable days is critical. Transparency fosters a healthier work environment, reduces litigation risks, and strengthens employer-employee relationships.
Conclusion
Philippine labor laws do not impose a universal obligation on private-sector employers to grant paid sick leave beyond the statutory Service Incentive Leave. However, if an employer has specifically promised such a benefit—whether through a written contract, company policy, or established practice—employees generally have the right to claim it, provided they satisfy the basic procedural requirements.

In your case, you mention clear evidence that you have enough paid time off remaining and valid medical documentation to justify your absence. Absent a legitimate reason for your employer to deny the paid sick days, their refusal to honor your credits might constitute a breach of contractual obligations or established company policies.

The key steps you should take include reviewing your contract, collecting all relevant documentation, initiating a polite but firm inquiry with Human Resources or management for an official explanation, and then considering administrative remedies like DOLE mediation if internal dispute resolution fails. Should these methods prove unsuccessful, filing a formal labor complaint with the NLRC could be considered as a more definitive course of action.

The essential principles that stand out in your situation are:

Adherence to Contract and Policy – The employer must follow their own policies if those policies grant you paid sick leave or the ability to use available PTO for health-related absences.
Valid Medical Documentation – As an employee, you have done your part by presenting valid documentation.
Reasonableness and Fairness – Management prerogative should be exercised prudently, not arbitrarily.
Exhaustion of Internal and Administrative Remedies – Employees are encouraged to resolve disputes amicably with the help of HR or DOLE’s SEnA before resorting to formal litigation.

In this context, it would be prudent to proceed step-by-step. Begin by initiating an internal resolution process. Should your employer remain unresponsive or continue to unjustly refuse your lawful and contractual entitlement, you may consult a labor lawyer for tailored legal representation.

Your concern is understandable, especially given the clear promise of paid sick days. You have grounds to question the employer’s stance. Nevertheless, the ultimate determination may hinge on the specific language of your contract, your employer’s internal rules, and your compliance with any procedural requirements. Patience, thorough documentation, and a commitment to professional communication will all serve you well in finding a just resolution to your predicament.

This discussion is intended solely for informational purposes, providing a general overview of the issues surrounding paid sick leave and PTO under Philippine labor law. It does not constitute legal advice. Any employee or employer with specific concerns should seek individualized counsel from a qualified legal professional to address the unique facts of their case.