Termination blog series 4 of 4 (Health Reasons)
articles of entire series is available here
This is the concluding article to this series and as promised, our discussion will focus on Art. 284 *299 or termination due to health reasons.
Losing one’s job for health reasons falls under authorized causes as stated on the Philippine Labor Code:
Art.
284*299. Disease as ground for termination. 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 to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
Rules and Regulations Implementing the Labor Code:
SECTION 8. Disease as a ground for dismissal. — Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment unless there is certification by competent public health authority that the disease is of such nature of at such a stage that it cannot be cured within a period of six (6) months even with proper medical treatment. If the disease or ailment can be cured within the period, the employee shall not terminate the employee but shall ask the employee to take a leave of absence. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health
A regular reader left a comment in my previous post, requesting if possible, to enumerate the diseases that can be used as ground for termination. On my research, however, it was not spelled out. Each cases, are treated based on clinical correlation, i.e. one case of cancer may be a ground for dismissal while another is not. The law, instead, provided these parameters:
- The job will only aggravate the health condition of the concerned employee.
- His sickness is contagious and may put the health of other workers at risk.
- The sickness will not be cured in six months time.
- It must be certified by a public health authority (aside from the company doctor).
If employee case does not fall on the above, employer must allow the employee to take a leave for not more than six months and take him back as soon as s/he recovers.
From my experience, I’ve witness some business owners take a more generous and benevolent stance, more than what due process requires– extending financial assistance on top of the company benefits rather than terminating employee for health reasons.
However, this should not be misconstrued as default practice because employers are not prohibited from exercising their prerogative, per Art. 284 *299 or terminating employee for health reasons.
However, business owners should comply with the prescribed minimum separation pay of at least equivalent to one month salary, or 1/2 month salary for every year of service on which 6 months and more shall be counted as one full year. The only exception is if collective bargaining agreement is present.
* renumbered articles of the labor code (download your copy)
Do you mind if I quote a few of your posts as long as I provide
credit and sources back to your site? My blog is in the very same niche
as yours and my visitors would certainly benefit from a lot of the information you present here.
Please let me know if this okay with you. Thank you!
Hi,
I checked your site and it appears it is not related. Can you give me an idea what kind of post you are intending to link back? Thanks
I am currently employed as a Call center agent. I’m working with my current company for close to 10yrs now. Last July of 2016
i was diagnosed of HiV Stage2. From June-August2016 i was on Prolonged Leave because i feel so weak and I’m having some drug reactions to my treatment. September 2016 I felt that i can go back to my work with my doctor’s permission from then i was able to go back with my work.When i came back I disclosed my situation/status to the management and I’ve got enough support from them. Months passed and I’m noticing that im getting sickly,easily get tired and sleepy even having enough rest and sleep.almost a year of ARV(anti-retroViral) treatment I can still feel the side effect of the drug that I’m taking. Result of it poor performance on my work to the point that I’m getting reprimanded everytime i will not hit my performance target. This is my question:
Provided that I’m suffering with HIV, and I believe that staying with my current job will be detrimental to my health and I can also secure a medical certicate from a public health professional(since my treatment HUB is RITM) that my case is not curable within 6 months even with proper medication.
Am I entitled for a “Separation Pay” if I’m going to Voluntarily Resign?
Please I need your advice I’m really getting stressed about this.
Thanks Sonnie! God Speed!
PS : Please Hide my Identity
Hi,
Rest assured that your identity is safe. I suggest that you proceed in getting that certification from a public physician and submit the same to your employer. they have to initiate the separation to so you can avail of the separation pay. But in some cases, companies are benevolent enough to extend same benefit even for voluntary resignation
Used this provision twice in my work Sir. Not a happy ending for both employees (one died after three weeks in 2001; another one died in June 2013).
Sad, indeed
I cannot find any information on the following: Can your employer suggest to you that you need to take an FLMA due to stress that occured on the job? My employer is baggering me to write a letter of my intentions to take a leave of absence when I did not state that I was going to do so. She also stated that it would be a good idea because I’m pregnant and may not be able to participate in the professional development opportunity this summer. So far, my pregnancy has not been an issue in my job performance. I believe that she does not want to renew my teaching contract, but doesn’t have any viable reason to terminate me.
thank you 😀
Your blog is very informative, kuya Sonnie. I will read the first 3 parts.
Happy Wednesday!