In the wake of the COVID-19 pandemic, the Philippine government enacted legislation to recognize the invaluable service of healthcare workers (HCWs) and non-healthcare workers (OHCWs) through financial benefits. Chief among these is the Health Emergency Allowance (HEA). However, a recurring point of contention is whether personnel who have since resigned, retired, or been terminated from service remain entitled to these payments.
Under existing laws and Department of Health (DOH) guidelines, the answer is a definitive yes.
The Statutory Basis: Republic Act No. 11712
The primary legal basis for the HEA is Republic Act No. 11712, otherwise known as the "Public Health Emergency Benefits and Allowances for Health Care Workers Act." This law mandates the grant of HEA for every month of service rendered during the state of public health emergency. The entitlement is not a "bonus" or a discretionary perk; it is a statutory right earned by the worker at the moment the service was performed under hazardous conditions.
The "Retroactive" Nature of Entitlement
A common misconception among private and public medical institutions is that an active employment status is required to receive the HEA. Legal and administrative issuances clarify this:
- Accrued Right: The HEA is compensation for services already rendered. Once a healthcare worker performed their duties during a month covered by the emergency declaration, the right to that specific month's allowance "vested" in them.
- Separation from Service: Resignation, retirement, or the end of a contract does not extinguish this vested right. The worker earned the allowance while they were still employed; therefore, the employer (whether a government facility or a private hospital) is legally obligated to remit those funds once the DOH releases them.
DOH Administrative Orders and Memoranda
The Department of Health has issued several Administrative Orders (notably A.O. No. 2022-0039) and subsequent memoranda to streamline the distribution of the HEA. These guidelines explicitly state that:
- Inclusion in Mapping: Facilities are required to include all eligible workers in their "mapping" or list of beneficiaries submitted to the DOH, regardless of their current employment status.
- No Discrimination: No distinction should be made between permanent, contractual, or even resigned employees, provided they met the risk classification criteria (Low, Medium, or High Risk) during the period in question.
The Amount of Allowance
The HEA is calculated based on the risk level of the area of assignment:
| Risk Classification | Monthly Allowance |
|---|---|
| Low Risk | ₱3,000 |
| Medium Risk | ₱6,000 |
| High Risk | ₱9,000 |
A resigned worker is entitled to the cumulative amount corresponding to the total number of months they served during the pandemic, minus any previous payments received under the former "One COVID-19 Allowance" (OCA) system.
Legal Remedies for Withheld HEA
If a hospital or health facility refuses to pay a resigned worker their HEA despite the funds being released by the DOH, the worker has several points of recourse:
- Department of Health (DOH): Filing a formal complaint with the relevant regional Center for Health Development (CHD).
- Department of Labor and Employment (DOLE): For private-sector workers, withholding earned benefits can be grounds for a labor dispute.
- Civil Service Commission (CSC): For public-sector workers, the refusal to remit mandated allowances can be treated as an administrative offense.
- Legal Action: Since the HEA is a statutory benefit, a refusal to pay constitutes a violation of R.A. 11712, which may carry administrative or even criminal liabilities for the responsible officials.
Conclusion
The Health Emergency Allowance is a debt the State owes to those who stood at the frontlines. Legally, resignation does not waive a worker's right to this compensation. As long as the service was rendered during the covered periods of the pandemic, the resigned healthcare worker remains a valid and mandatory beneficiary of the law.