Introduction

In the wake of the COVID-19 pandemic, the Philippine government implemented various measures to support frontline healthcare workers (HCWs) who risked their lives to combat the virus. One such measure was the Health Emergency Allowance (HEA), a financial benefit designed to compensate HCWs for their exposure to health risks during the public health emergency. However, a recurring question arises: What happens to this entitlement when a healthcare worker resigns from their position? This article explores the legal framework, eligibility requirements, and implications for resigned HCWs in the Philippine context, drawing on relevant laws, administrative issuances, and practical considerations.

Legal Basis of the Health Emergency Allowance

The HEA traces its origins to Republic Act (RA) No. 11469, also known as the Bayanihan to Heal as One Act, enacted on March 24, 2020. This law authorized the President to provide emergency subsidies and allowances to HCWs during the enhanced community quarantine period. Subsequently, RA No. 11494, or the Bayanihan to Recover as One Act (Bayanihan 2), extended these benefits until June 30, 2021.

The implementation of HEA was further detailed through joint circulars issued by the Department of Health (DOH) and the Department of Budget and Management (DBM). Key issuances include:

DOH-DBM Joint Circular No. 2020-0001: This established the guidelines for the grant of COVID-19 Special Risk Allowance (SRA) and Active Hazard Duty Pay (AHDP), which were precursors to or components of the HEA.
DOH-DBM Joint Circular No. 2021-0001: This consolidated the benefits under the One COVID-19 Allowance (OCA), which included the HEA, and applied retroactively from July 1, 2021.
Executive Order (EO) No. 168, s. 2022: Issued by President Ferdinand R. Marcos Jr., this continued the provision of HEA beyond the initial Bayanihan periods, recognizing the ongoing need despite the lifting of the state of calamity in some areas.

The HEA is funded through the national budget, with allocations under the General Appropriations Act (GAA) for fiscal years 2020 onward. For instance, the 2022 GAA allocated funds specifically for unpaid HEA claims, and subsequent budgets have included provisions for back payments.

Under these laws, HEA is not a gratuitous bonus but a compensatory allowance tied to actual service during periods of heightened risk. It ranges from PHP 3,000 to PHP 9,000 per month, depending on the risk classification of the area and the worker's exposure level (low, moderate, or high risk).

Eligibility Criteria for Healthcare Workers

To qualify for HEA, an individual must meet specific criteria outlined in the joint circulars:

Employment Status: Eligible HCWs include regular, contractual, casual, or job order personnel in government or private health facilities directly involved in COVID-19 response. This encompasses doctors, nurses, medical technologists, and even non-medical staff like drivers and utility workers if they handle COVID-19 patients or related tasks.
Service Period: The allowance is granted based on the number of days or months of actual service during the public health emergency. Partial months are prorated.
Risk Exposure: HCWs must have been exposed to COVID-19 risks, as certified by their facility heads. This includes working in isolation wards, testing centers, or vaccination sites.
No Double Compensation: HCWs cannot claim HEA if they receive similar benefits under other laws, such as hazard pay for military personnel.

Importantly, eligibility is determined per pay period, meaning the allowance accrues based on rendered service, not on ongoing employment status.

Impact of Resignation on Entitlement to HEA

Resignation from a healthcare position does not automatically forfeit entitlement to HEA for periods already served. The key principle here is that HEA is an earned benefit, akin to accrued leave credits or unpaid wages, which vest upon performance of the qualifying service.

Entitlement to Back Payments

Accrued Benefits: If a HCW resigns, they remain entitled to HEA for the months or days they worked prior to resignation, provided they met the eligibility criteria during that time. For example, a nurse who served from January 2020 to December 2022 and resigned in January 2023 would still be eligible for any unpaid HEA covering 2020–2022.
Administrative Processes: Resigned HCWs must coordinate with their former employers (e.g., hospitals or local government units) to process claims. The DOH and DBM require submission of payroll documents, service records, and certifications of exposure. In practice, facilities compile lists of eligible personnel, including those who have resigned, and submit them to the DOH for funding release.
Delays and Backlogs: A significant issue for resigned HCWs is the delay in HEA disbursements. As of mid-2023, when the state of public health emergency was lifted via Proclamation No. 297, there were still substantial backlogs in payments. Resigned workers often face additional hurdles, such as updating contact information or providing proof of service, but legal precedents affirm their right to these arrears.

Legal Remedies for Denied Claims

If a resigned HCW's claim is denied, they can pursue remedies through:

Administrative Appeals: Filing a request for reconsideration with the DOH or DBM. Joint Circular No. 2021-0001 provides for a grievance mechanism within health facilities.
Court Actions: Under the principle of unjust enrichment (Article 22, Civil Code of the Philippines), denied claims can be escalated to the courts. The Supreme Court has ruled in similar cases (e.g., involving hazard pay for other public servants) that earned benefits cannot be withheld due to separation from service.
Mandamus Petitions: If the delay constitutes grave abuse of discretion, a writ of mandamus may compel the release of funds, as seen in petitions filed by HCW groups against the DOH.

Special Considerations for Private Sector HCWs

In private facilities, HEA is reimbursed by the government through PhilHealth or direct DOH transfers. Resigned workers from private hospitals follow similar processes but may need to involve their former employers more actively. RA 11494 mandates that private entities advance the allowance if needed, with government reimbursement, ensuring resigned workers are not disadvantaged.

Challenges and Controversies

Several challenges affect resigned HCWs' access to HEA:

Budget Constraints: Annual appropriations may not cover all claims, leading to prioritization of active personnel. However, the 2024 and 2025 GAAs have earmarked funds for settling outstanding HEA obligations, including for separated employees.
Documentation Issues: Resigned workers sometimes struggle with lost records or uncooperative former employers. The DOH has issued memoranda allowing alternative proofs, such as affidavits or witness statements.
Group Advocacy: Organizations like the Alliance of Health Workers have lobbied for full payment of HEA backlogs, including for resigned members. Petitions to Congress and the Office of the President have resulted in additional funding releases.
Post-Emergency Entitlements: With the emergency lifted in 2023, HEA is no longer accruing for new service periods. However, claims for pre-2023 service remain valid indefinitely, subject to prescription periods under the Civil Code (10 years for written obligations).

Case Studies and Precedents

While specific court decisions on HEA are limited due to its recency, analogous cases provide guidance:

DBM vs. Public School Teachers (G.R. No. 215366, 2018): The Supreme Court upheld teachers' rights to performance-based bonuses post-resignation, emphasizing that benefits accrue upon service.
HCW Petitions During Pandemic: In 2022, the Supreme Court entertained a petition from HCWs demanding prompt HEA release, ruling that delays violate equal protection clauses under the Constitution.

In practice, thousands of resigned HCWs have received HEA through batch releases announced by the DOH in 2023–2025, demonstrating that resignation does not bar entitlement.

Conclusion

Resigned healthcare workers in the Philippines are indeed entitled to Health Emergency Allowance for the periods they served during the COVID-19 emergency, as this benefit is tied to actual performance rather than continued employment. The legal framework under Bayanihan Acts and DOH-DBM circulars ensures that accrued rights are protected, though practical challenges like delays and documentation persist. For affected individuals, proactive coordination with former employers and utilization of administrative remedies are crucial. As the government continues to address backlogs, this entitlement serves as a recognition of the sacrifices made by HCWs, resigned or otherwise, in safeguarding public health.