Dear Attorney,

I have an employee who has been absent for several days due to illness. However, she only has a medical certificate starting from September 5, but she was already absent before that date. She is requesting to avail of sick leave for the entire period. I’m concerned whether this is allowed under the law, considering the gap between her absence and the medical certificate. Can you provide guidance on this matter?

Sincerely,
Concerned Employer

Insights

In the Philippines, employees are entitled to specific types of leave under the Labor Code and related regulations, including sick leave, though such benefits depend on the employer's policies or agreements as the law does not specifically mandate paid sick leave in the private sector. However, employees covered by SSS (Social Security System) may avail of sickness benefits under certain conditions.

Company Policies on Sick Leave

Many employers provide sick leave benefits as part of their company policies. The number of sick leave days and the requirements to avail of them, such as presenting a medical certificate, are often stipulated in the company's handbook or internal agreements. A medical certificate is typically required to validate an employee's claim for sick leave, especially if the absence extends beyond a few days.

Medical Certificate Requirement

While employees are generally expected to provide proof of illness, such as a medical certificate, the timing of the certification can be a crucial factor in determining eligibility for paid sick leave. If the certificate only covers a portion of the employee's absence, employers may question the validity of the earlier period.

In such cases, it may be up to the employer to assess whether the medical condition likely persisted before the certification date. Some companies allow leniency in accepting medical proof retroactively, while others adhere strictly to the dates indicated on the medical certificate. However, if an employee cannot justify their absence prior to the medical certification, the employer may not be obligated to grant sick leave for those earlier days.

SSS Sickness Benefit

Under the SSS law, employees may also be entitled to sickness benefits, which the SSS provides. To qualify, the employee must:

Be unable to work due to illness or injury for at least four consecutive days.
Have paid at least three months of SSS contributions within the 12-month period immediately before the semester of sickness.
Notify the employer or SSS within five calendar days of the sickness.

Importantly, the employee must submit supporting medical documentation to claim the SSS benefit. The SSS typically requires that the medical certificate covers the entire period of the employee’s incapacity.

Conclusion

To resolve the issue, employers must check their internal policies regarding sick leave and whether they allow retroactive applications based on medical certificates issued after the start of the absence. Simultaneously, employees who fail to provide timely proof of illness may still pursue SSS sickness benefits, which require valid documentation to be submitted within the stipulated periods. Employers are encouraged to consult with legal counsel to align their leave policies with current labor laws and avoid potential disputes.