Executive summary

Default rule: An employee who resigns without just cause must give the employer at least 30 calendar days’ written notice.
Does sick leave “count”? In most cases yes—because the law speaks of calendar days, not “working days.” Approved sick leave within the notice window typically does not pause the running of the 30 days.
Exceptions & qualifiers: Company policy, a collective bargaining agreement (CBA), or a negotiated waiver can alter how the notice is handled in practice (e.g., requiring “working notice,” turnover duties, or allowing immediate effectivity).
When notice isn’t required: Employees may resign without notice for just causes recognized in the Labor Code (e.g., inhuman treatment, serious insult, employer’s commission of a crime) or when the employer consents to waive or shorten the notice. Severe health conditions may be raised as an analogous cause, but this is fact-specific and best supported by medical proof and employer agreement.

Legal bases & key concepts

1) Statutory notice to resign

The Labor Code (Article on termination by employee, renumbered from the former Art. 285) allows an employee to terminate employment by serving a written notice at least one (1) month in advance. Jurisprudence and practice treat this as 30 calendar days, unless the parties agree otherwise (e.g., “one month” to a fixed date).

2) Just causes to resign without notice

The Code recognizes just causes that allow immediate resignation, such as:

Serious insult or inhuman and unbearable treatment by the employer or representative;
Commission of a crime or offense by the employer or their agent against the employee or their family; and
Other analogous cases.

Where just cause exists, the notice requirement may be dispensed with. Otherwise, the 30-day notice generally applies—though the employer can always waive or shorten it.

3) Nature of sick leave vs. service incentive leave (SIL)

The law mandates 5 days of Service Incentive Leave (SIL) per year for eligible employees, convertible to cash if unused under certain conditions.
Company-granted sick leave in excess of SIL is a contractual/benefit matter (policy or CBA). Policies often require a medical certificate for absences beyond a set duration and may specify that absences within the notice period are chargeable to sick leave credits if approved.

The core question: Does sick leave count toward the 30 days?

Short answer

Yes, typically. Because the Code requires one month’s advance notice counted by calendar days, the 30-day clock continues to run even if the employee takes approved sick leave during that period. The law aims to give the employer time to adjust staffing, not to guarantee 30 days of actual work rendered.

Practical implications

Approved sick leave does not reset the clock. If you resigned effective 30 calendar days from your written notice and took three approved sick days during that span, your effectivity date stays the same (absent a contrary agreement or policy).
Unapproved absences (e.g., AWOL) can still be a policy violation and may affect clearance, final pay offsets, or references—but they don’t automatically extend the statutory notice period unless the parties agree to do so.
Working notice vs. calendar notice. Some employers prefer a “working notice” model (requiring employees to be on duty to complete handover). That is not a statutory requirement; it’s a policy/contract matter. Enforceability depends on reasonableness and consistency with the Code. The legal minimum is the calendar-day notice, which can be waived or modified by agreement.

Edge cases & special scenarios

1) Resigning while already on sick leave

You may submit a resignation during sick leave. The 30 days starts on the date the employer receives your written notice (unless the notice specifies a later effectivity date).
If your health condition prevents you from working at all, discuss waiver or shortening of notice with your employer, supported by medical documentation. Many employers will accept immediate or shorter effectivity for humanitarian/operational reasons.

2) Severe illness as an “analogous cause”

The Code’s “other analogous causes” can—on a case-by-case basis—cover situations where a serious medical condition makes continued reporting unreasonable or hazardous.
Best practice is to notify the employer in writing, attach medical proof, and propose an immediate or shortened effectivity. If the employer accepts, the resignation can take effect without the full 30 days.

3) Employer acceptance/waiver

An employer may accept immediate resignation or waive the remainder of the notice period, often documented through HR email or a signed memo. Once accepted, the relationship ends on the agreed date.

4) Turnover deliverables

Even when sick leave “counts,” employers can reasonably require handover notes, return of company property, and knowledge transfer. If illness prevents in-person work, propose remote handover or documented turnover to meet policy without delaying the effectivity date.

5) Probationary vs. regular employees

The same statutory rule (30 calendar days’ notice) generally applies, unless a valid probationary contract or policy sets a different, more favorable arrangement. Any policy that undercuts the Code’s minimums is suspect; one that allows shorter notice with employer consent is generally fine.

6) Project-based, seasonal, fixed-term

For fixed-term or project-based engagements, early resignation is governed by both the Code and the contract. Calendar-day notice still guides employee-initiated termination, but the project/fixed-term nature may create additional contractual consequences if duties are abandoned without turnover. Seek a mutual termination or waiver.

7) Offset using leave credits and garden leave

Some employers allow remaining vacation/sick leave to be applied during the notice period, effectively placing the employee on paid leave (sometimes called garden leave). This approach typically satisfies the calendar-day requirement while maintaining operational security.

Employer policy drafting tips

State “calendar days.” “Employees who resign must give 30 calendar days’ written notice unless waived or shortened by the Company.”
Clarify leave interaction. “Approved sick leave or other leave taken during the notice period does not extend the effectivity date; absences are chargeable to available leave credits per policy.”
Allow flexibility for health. Provide for shortened notice on medical grounds with supporting medical certification and management approval.
Define turnover. Require a handover plan, return of property, and documentation; allow remote options when the employee is ill.
Document waivers. Require HR to issue a written acknowledgment when the company waives part or all of the notice.

Employee guidance (step-by-step)

Give written notice with a clear effectivity date (30 calendar days out unless you’re seeking a shorter period).
If you’re ill, attach a medical certificate and request accommodation (e.g., remote turnover, shorter notice, or garden leave).
Keep copies of your notice and HR’s acknowledgment or waiver.
Complete turnover to avoid clearance issues; propose feasible alternatives if you cannot report physically.
Expect final pay after separation subject to clearance and standard processing timelines; ensure you settle property/accountabilities to avoid delays.

Frequently asked questions

Q1: My employer insists the 30 days are “working days.” Is that legal? The Labor Code states one month/30 calendar days. Employers can request working notice for operational reasons, but they cannot expand the statutory minimum without your agreement. Many disputes are resolved by mutual adjustment (e.g., combining partial workdays, remote handover, or garden leave).

Q2: I’m bedridden and cannot work. Must I still complete the 30 days? If there’s no just cause, the default is 30 calendar days. Practically, present medical proof and request an immediate or shorter effectivity. If the employer accepts, the 30-day requirement is waived. In extreme cases, you may argue an analogous just cause—but it’s safer to secure the employer’s written consent.

Q3: Can the company delay my final pay because I was on sick leave during notice? Approved sick leave shouldn’t, by itself, justify a delay. However, unreturned property, outstanding accountabilities, or unapproved absences can hold up clearance, which in turn can delay final pay processing under company procedures.

Q4: I resigned effective in 30 days, then took 10 days of approved sick leave. Does my effectivity date move? No, not automatically. The 30-day period is calendar-based; approved sick leave counts toward the notice.

Q5: What if HR rejects my sick leave and marks me AWOL—does that extend my notice? AWOL doesn’t automatically extend the statutory notice, but it can be a policy violation with consequences (e.g., disciplinary action, set-offs upon final pay). Resolve the status promptly and keep communications in writing.

Practical examples

Example 1 — Standard case: Notice filed 1 Nov; effectivity 1 Dec. Employee takes 3 approved sick days in mid-November. Effectivity remains 1 Dec.
Example 2 — Shortened by agreement: Notice filed 1 Nov, but due to hospitalization with a medical certificate, employer waives the remaining notice; effectivity 10 Nov by written HR acknowledgment.
Example 3 — Garden leave: Notice filed 1 Nov; employer places employee on paid garden leave (using remaining leave or paid at management discretion) through 1 Dec to secure systems and complete documentation.

Bottom line

The 30-day resignation notice in the Philippines is measured in calendar days.
Approved sick leave taken during the notice period generally counts toward those 30 days; it does not automatically extend the effectivity date.
Employers and employees may agree to shorten or waive the notice. In medical situations, secure documentation and pursue a written waiver or alternative turnover to balance legal compliance with humane treatment and operational needs.