An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees. (Art. 284, LC)

Requisites for termination on the ground of disease.

  1. The employee suffers from a disease;
  2. His continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees; and
  3. The disease is of such nature and at such a stage that it cannot be cured within a period of six months even with proper medical treatment. (Sec. 8, Title I, Bk. VI, IRR)

Certification from public health authority required

Certification by competent public health authority that the disease is of such nature and of at such a stage that it cannot be cured within a period of six months even with proper medical treatment.

Right to reinstatement if disease is curable with six months

If the disease or ailment can be cured within six months, the employer shall not terminate the employee but shall ask the employee to take a leave of absence.

The employee is entitled to be reinstated to his former position immediately upon the restoration of his normal health. (ibid.)

Disability distinguished from Disease

Disability should not be confused with disease. Disability itself, even if permanent, is not a ground for termination. The Magna Carta for Disabled Persons prohibits the termination of a disabled employee based on disability alone. This constitutes act of discrimination, a criminal offense for which fine and/or imprisonment may be imposed. (Magna Carta for Disabled Persons)

Cases

  1. The requirement for a medical certificate under Article 284 of the Labor Code cannot be dispensed with; otherwise, it would sanction the unilateral and arbitrary determination by the employer of the gravity or extent of the employee’s illness and thus defeat the public policy in the protection of labor. (Sy vs. Court of Appeals, G.R. No. 142293 February 27, 2003)

Last Edited: Tuesday, September 6, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
authorized causes, separation pay, Termination of Employment
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21 comments

  1. In what case dengue can be considered a reason in disengaging an employee?

    [Reply]

    May Santos Reply:

    Just from me, dengue should not be a reason for disengagement of an employee since the law said, the disease should not be curable within 60 days… just my 10cents sharing.

    [Reply]

  2. Jose Kuan, Jr. Comment:
    April 26th, 2012 at 11:10 am

    I had been on an indefinite leave without pay since April 0f 2012 due to a heart ailment and was advise to undergo angiography before they admit me for the resumption of work but due to financial constraint I was not able to do the said laboratory test up to the present, lately I was advise by my employer to tender my resignation or they will be forced to terminate me. Is it legit to terminate me? or is it favorable to tender my resignation with a promise of beneficial separation pay.
    Please advise for a proper move, thank you and God bless!!!

    [Reply]

  3. Jose L. Kuan, Jr. Comment:
    April 26th, 2012 at 01:14 pm

    correction on the specified date regarding my question, it is April of 2011 and not 2012. Thanks

    [Reply]

  4. Jose L. Kuan, Jr. Comment:
    April 26th, 2012 at 01:23 pm

    correction for the specified date regarding my inquiry, it’s not 2012 of April but 2011. Thanks

    [Reply]

  5. I just want to ask if I am still bound to comply with the company’s policy regarding resignation with 30 days notice if I do not have a contract with the company I am working for or can I file a resignation with a very short notice. Is a letter of intent may be considered as a contract? Is it legal for a company to charge an employee if he/she fails to render 30 days prior to the date of resignation? Hope you can enlighten me on the above queries asap. Thanks!

    [Reply]

  6. I worked for a company for a year and had to file for immediate resignation after being diagnosed with high blood. I am only 28 and was advised by the doctor it was due to stress and that I was too young to have this disease. I rendered only 1 week after I submitted my resignation letter. Provided medical documentations prior to me leaving the company. Would I be able to receive separation pay and 14th month? Resigned February and 14th month is given April. Thank you.

    [Reply]

  7. If the employer found out that its employee is HIV+, is this a valid ground to terminate the employee?

    [Reply]

    The Great Itlog Reply:

    Under Department Order 102-10 Series of 2010 (from DOLE)

    “Workers shall not be terminated from work if the basis is the actual, perceived or suspected HIV status.”

    [Reply]

  8. HI,

    This is really helpfyl.. can I share this on my facebook so that my friends can read this. God Bless you

    [Reply]

  9. Gabriel Bonjoc Comment:
    July 19th, 2013 at 01:42 pm

    For health reason, it is better for you to disassociate yourself to your employer and focus on the treatment. Your employers advise is quite good enough. Your case sir is the same with Candido Alfaro vs Star Paper Corporation. However, you should make a letter that once you tender your resignation, the company must be obliged to pay you a separation pay. The letter will be your basis if ever the company does not comply with your agreement. I hope my opinion help you. God Bless.

    [Reply]

  10. i had my training 6 days after i get hired in Premiumbikes during the training i had seizure because i have mild epilepsy, 2 days after i attend orientation where in my name posted on a list so i have to attend, that day i follow up my atm card because we are under agency then i talked to human resource about the atm and so forth, they ask about my condition and they ask me to get some waiver from my mom which is proof that my parents allowing me to work even she know my condition and medical certificate to my doctor that i am physically fit to work, the rest requirements that i submitted was indicated that i am physically fit to work, after i submit those needed they tell me to resume and they will advice me, after 1 week i attend to branch were i was assign to work i submitted to head office the requirements but i let my manager see it first, after during the closing time my manager call to head office to ask my status so they talk to me and then they said “hindi ka muna pweding pumasok iha kc icoconsult muna namin sa lawyer namin, basta oo lang ako ng oo, then i ask if matatagal sabi oo daw sabi ko naman hihintayin ko po. weeks after lagi akong nag fofollow up and text walang reply.. hanggang sa dumating ang contract ko effective from july 1 to nov 1. then sinubmit ko they are asking me for resignation letter kaagad agad, without knowing na iteterminate ako,binigay kc kahapon ang 6days training ko, and makukuha ko daw ang medical and transpo expense ko if magbibigay ako ng resignation letter, can you please suggest if ano ang magandang gawin can i possibly get separation pay or yung hanggang sa contract na nov 1, kc sila lang ang nag advice na huwag akong pumasok, without knowing nag hihired na sila ng iba were in masakit sakin marinig yun, as far as i know dipa naman ako terminate or nag resign, please help me..i know i still have the rights even may sakit ako hindi naman yun nkakahawa, beside wala akong ginawang labag during my training, they keep me waiting..

    [Reply]

  11. John Mark Ignacio Comment:
    October 22nd, 2013 at 11:53 am

    Hi,

    I have a question? I was terminated by my employer, I was TAG as AWOL, I submitted my request for LOA for the reason of running for a government position last May. 2013. The company didn’t give me any chance to explain after 15 days that I filed my LOA I received a letter of termination. Am I still entitled for back pay?

    [Reply]

  12. I would like to seek for an advice, I work in a BPO industry for more than a year. I had some health issues due to working on graveyard shift. We do not have clinic or any first aid kit available in the office, every time we had some headache, fever, dizziness etc. we have to wait for our break/lunch break for us to buy medicines. I requested to be transferred to a morning shift as per advised of my doctor, but they declined my request even though I made a formal request to swap a schedule with my co-agent they still declined the request. I incurred 3 absences per month due to health issue and even though I informed them or have them noticed that I’m not able to report for work they still tagged me as NCNS or AWOL. I received a memo about excessive absences/neglect as gross negligence and habitual neglect of duty and informed me about my suspension, but they did not informed me when will it be serve. Last December when i checked my payroll i saw a deductions on my payslip and i asked my Team Leader about it, they said it was for my suspension last November?..so I was surprised because they did not informed me that the suspension was served already.
    and on the same month I had 3 absences due to health issue. Even though the doctor advised me to rest for 3 days, i still reported to work on the second day. Last 12/27/2013, after my shift ends we had an admin hearing hearing informing that I am terminated already. I feel that there is something wrong with the proceedings. Aside from this, there are lots of negligence with the company, I’ve been in there company for more than a year but I didn’t received a company ID. Some of our agents complaining about their SSS loans, they had their payroll deductions for loans for more than a year but its still not posted in SSS. I am planning to file a complaint to NLRC about this matter. Hoping for you immediate and kind response about this matter.

    Thank you and more power!.

    [Reply]

  13. alex galapin Comment:
    January 19th, 2014 at 10:51 am

    i filled my resignation for i have a hypertension and heart problem – my boss is harrassing me or bullying me every now and then for a year now that i decided to resign instead to keep my possible harm that may cause to that due to my condition – besides i already have trauma both mental and psychlogical that really affects me while i am working…since i have heart problem and hypertensive…please give me your advise and what are my rights…

    [Reply]

  14. marie reyes Comment:
    March 4th, 2014 at 09:10 am

    Good day, I’d like to inquire if the company can terminate an employee who was diagnosed to have psychological problem? the employee is causing harm to other employees because of his condition.

    [Reply]

  15. Hi. I just want to clarify things. Pag ba absent due to medical reasons, fo example thursday, friday and monday. Kasama ba s restday period n ilalagay s med.cert m ang saturday and sunday although non working days m talaga yun? Bale 5days rest days b dapat or 3days lang? Anyone can answer. Thanks

    [Reply]

  16. We have a secretary who has been off for medical for 6 months, and we need to hire a lady to fill in her duty. After 6 months, she still cannot come back working full time and such, require us to keep other lady while our budget can afford for one.

    Please advise how the Law stipulates this case? It is ground for a termination due to health situation? If yes, do we need to pay separation pays?
    Thank you

    [Reply]

  17. Hey there! This is my first comment here so I just wanted to give a quick
    shout out and say I truly enjoy reading through your blog posts.
    Can you suggest any other blogs/websites/forums that deal with the same subjects?

    Thank you!

    [Reply]

  18. Hi,
    I need your help, I have a question .because I cannot find the law article about requesting for a schedule restriction ‘ na nag sasabing by law you need to send a medical certification request that should be validated from a public hospital? Is that true please reply with the article no. Big thanks :-)

    [Reply]

  19. Hi, I was issued a final warning memo due to dozing off at work. Not sleeping but just quick shut eye and this was caused by my sleeping disorder (sleep apnea). Could I be terminated due to this reason? I am currently finding ways on how I could avoid napping but sometimes it is just uncontrollable. Is it right that I was issued a memo rather than understanding my medical disability.

    [Reply]

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