In the Philippine employment landscape, the intersection of employee wellness and operational continuity often creates a gray area: Can an employer require an employee to work while on an approved sick leave?
While the Labor Code of the Philippines and various jurisprudence prioritize the health of the workforce, the "right to rest" during medical recovery is balanced against the employer's management prerogative.
1. The Legal Nature of Sick Leave
Unlike Service Incentive Leave (SIL), which is mandated by Article 95 of the Labor Code (5 days of paid leave for every year of service), Sick Leave (SL) is not explicitly mandated by the Labor Code for private-sector employees.
- Contractual Basis: Most sick leave benefits are derived from Company Policy, Individual Employment Contracts, or a Collective Bargaining Agreement (CBA).
- Statutory Basis (SSS): Under the Social Security Act of 2018 (R.A. 11199), an employee is entitled to a Sickness Benefit—a daily cash allowance—if they are confined (at home or in a hospital) for more than three days, provided they have paid sufficient contributions and exhausted all paid company sick leaves.
2. Can an Employer Require Work During Sick Leave?
The short answer is no, provided the leave is legitimately filed and approved.
When an employer approves a sick leave application, they are acknowledging that the employee is medically unfit for work. Requiring work during this period presents several legal and ethical issues:
A. Violation of Management Prerogative
While employers have the right to manage their business, this prerogative is limited by principles of good faith and social justice. Forcing an ill employee to work may be viewed as an abuse of right under the Civil Code (Article 19), which states that every person must act with justice, give everyone his due, and observe honesty and good faith.
B. Health and Safety Liability
Under R.A. 11058 (Occupational Safety and Health Standards Act), employers are mandated to provide a safe working environment. Forcing an employee to work while ill:
- May aggravate the employee's condition.
- Could lead to workplace accidents.
- In the case of communicable diseases, it risks the health of the entire workforce.
3. The "On-Call" and "Remote Work" Dilemma
In the era of digitalization, employers often expect "minor" tasks (checking emails, answering calls) even during leave.
- Work-from-Home (WFH) Context: The Telecommuting Act (R.A. 11165) ensures that telecommuting employees are entitled to the same leave benefits as those at the office. If an employee is on sick leave, they are "off the clock," regardless of their ability to access a laptop.
- Compensability: If an employer insists on work being performed during an approved sick leave, that period should technically be treated as hours worked. The employer cannot deduct that day from the employee’s sick leave credits while simultaneously benefiting from their labor.
4. Employer Requirements for Granting Sick Leave
To prevent abuse, employers are legally permitted to impose reasonable requirements for the approval of sick leave:
| Requirement | Description |
|---|---|
| Medical Certificate | Usually required for absences exceeding 1 to 3 days. The employer may require the certificate to be issued by a company-accredited physician. |
| Notice Requirement | Policies typically require the employee to notify the supervisor within a specific timeframe (e.g., at least 2 hours before shift start). |
| Fitness for Work | Upon return, especially after long-term illness or surgery, an employer can require a "Fit to Work" clearance to ensure the employee is no longer a liability to themselves or others. |
5. Consequences of Forcing Work
If an employer compels an employee to work despite a valid, doctor-certified illness, the employee may have grounds for:
- Constructive Dismissal: If the pressure to work while ill becomes unbearable or is used as a form of harassment, the employee may claim they were forced to resign.
- Money Claims: Seeking payment for the hours worked during the leave period.
- Torts/Damages: If the illness is significantly worsened by the employer's insistence on working, the employee may sue for moral or exemplary damages.
6. Summary of Key Principles
- Sick leave is for recovery. Its primary purpose is to allow the employee to return to full productivity.
- Approval equals Acknowledgement. Once an employer approves the leave based on medical grounds, they waive the right to demand productivity for that duration.
- Documentation is King. Employees should ensure all medical certificates and communications regarding their inability to work are documented to protect against allegations of "Abandonment of Work."
Note: In cases of extreme emergency or "force majeure" where the employee possesses unique knowledge critical to the business, a brief consultation may be requested, but it remains the employee's right to refuse based on their medical state without fear of reprimand.