Inclusion of Weekends in Sick Leave Bed Rest Period

Inclusion of Weekends in Sick Leave Bed Rest Period: A Philippine Legal Perspective

Introduction

In the Philippine employment landscape, sick leave serves as a critical safeguard for workers' health and well-being, allowing employees time to recover from illnesses without forfeiting income. However, questions often arise regarding the computation of sick leave periods, particularly whether weekends (typically rest days) are included in the "bed rest period" prescribed during sickness. This article explores the topic comprehensively within the Philippine legal context, drawing from relevant labor laws, social security regulations, and established practices. While the Labor Code of the Philippines does not explicitly mandate paid sick leave beyond basic entitlements, the interplay between employer policies, the Social Security System (SSS), and medical prescriptions shapes how weekends factor into sick leave bed rest periods.

The "bed rest period" refers to the duration recommended by a physician for an employee to rest and recover, often documented in a medical certificate. This period is central to qualifying for sick leave benefits and determining the extent of absence from work. Understanding whether weekends are included affects leave deductions, benefit computations, and overall employee rights.

Legal Framework Governing Sick Leave in the Philippines

1. The Labor Code of the Philippines (Presidential Decree No. 442, as amended)

The Labor Code does not provide for mandatory paid sick leave for private sector employees beyond the Service Incentive Leave (SIL). Under Article 95, employees who have rendered at least one year of service are entitled to five (5) days of SIL with full pay, which may be used for vacation or sickness. However:

• SIL is computed based on working days, excluding regular holidays, special non-working days, and rest days (typically Sundays or designated weekends).
• If an employee uses SIL for sickness, the bed rest period is aligned with working days for deduction purposes. For instance, if bed rest spans a weekend, only the working days within that period deduct from the SIL credit.
• The Code emphasizes continuous service but does not directly address weekends in bed rest. In practice, the Department of Labor and Employment (DOLE) interprets leave computations to exclude non-working days unless specified otherwise in collective bargaining agreements (CBAs) or company policies.

Rest days, as defined in Article 93, are generally 24 consecutive hours of rest per week, during which no work is performed. Thus, weekends do not typically count as deductible sick leave days under the Labor Code, but they are inherently part of any continuous bed rest period for recovery purposes.

2. Social Security System (SSS) Sickness Benefits (Republic Act No. 11199, Social Security Act of 2018)

For broader sick leave protection, employees rely on SSS sickness benefits, which are mandatory for all private sector workers. These benefits compensate for income loss due to sickness or injury, provided the member meets contribution requirements (at least three months of contributions in the 12 months preceding the sickness).

• Eligibility and Duration: Benefits are granted if the member is confined (at home or in a hospital) for at least four (4) calendar days and unable to work. The maximum benefit period is 120 days per calendar year, with no more than 240 days across two consecutive years for the same illness.
• Inclusion of Weekends in Bed Rest: SSS computes benefits based on calendar days of incapacity, as indicated in the medical certificate. The bed rest period is continuous and includes weekends, holidays, and rest days if they fall within the confinement dates. For example:
  • If an employee is prescribed bed rest from Friday to Monday (4 calendar days), the entire period, including Saturday and Sunday, counts toward the minimum 4-day threshold for eligibility.
  • The benefit amount is 90% of the member's average daily salary credit (ADSC), multiplied by the number of compensable calendar days.
• Rationale for Inclusion: Weekends are included because incapacity to work is assessed holistically—the employee's health condition persists regardless of the work schedule. The SSS Sickness Notification Form requires specifying the "date sickness started" and "date recovered," calculating the total calendar days accordingly. This ensures comprehensive coverage for recovery, aligning with the SSS's goal of social protection.
• Employer Role: Employers must notify SSS within five (5) days of the sickness and may advance benefits (reimbursable by SSS). However, the first three (3) days of sickness are not compensable by SSS unless the confinement exceeds 4 days, though company policy may cover them.
• Exceptions: If the sickness is work-related, it falls under the Employees' Compensation (EC) Program (Presidential Decree No. 626), where bed rest periods also use calendar days, including weekends, for benefit computation.

3. Company Policies and Collective Bargaining Agreements (CBAs)

Many employers provide additional paid sick leave (e.g., 10-15 days annually) beyond SIL, as a voluntary benefit. These policies often specify how bed rest periods are counted:

• Working Days vs. Calendar Days: Policies typically deduct sick leave based on working days to avoid penalizing employees for non-working weekends. However, if the policy explicitly states "calendar days," weekends may be included in deductions.
• Bed Rest Prescription: Physicians prescribe bed rest in calendar days (e.g., "7 days bed rest"), which inherently includes weekends. Employers must honor this for the recovery period but adjust leave credits accordingly. For instance, a 7-day bed rest from Monday to Sunday would deduct only 5 working days from leave credits in most policies.
• DOLE Guidelines: DOLE Department Order No. 147-15 and related advisories emphasize fair computation, recommending exclusion of rest days from leave deductions unless the CBA provides otherwise. Violations can lead to labor disputes resolved through DOLE's Single Entry Approach (SEnA) or National Labor Relations Commission (NLRC).

4. Related Laws and Special Contexts

• Maternity and Paternity Leave: For comparison, maternity leave under RA 11210 is 105 calendar days (including weekends), reflecting a calendar-day approach for health-related leaves. Paternity leave (RA 8187) is 7 calendar days.
• Special Leaves: Solo parent leave (RA 8972) and violence against women leave (RA 9262) are also in working days, excluding weekends.
• COVID-19 Context: During the pandemic, DOLE and SSS issuances (e.g., DOLE Labor Advisory No. 04-20) treated quarantine or isolation periods as calendar days, including weekends, for sick leave and benefit purposes, setting a precedent for inclusive counting in health crises.
• Disability Benefits: Under SSS disability provisions, bed rest periods for chronic illnesses follow similar calendar-day inclusion.

Computation of Sick Leave Bed Rest Periods: Examples

To illustrate, consider the following scenarios assuming a standard Monday-Friday workweek:

Scenario	Bed Rest Prescription	Calendar Days (Including Weekends)	Working Days Deducted (Typical Policy)	SSS Compensable Days
Sickness from Monday to Friday	5 days bed rest	5 (all weekdays)	5	5 (if ≥4 days confinement)
Sickness from Friday to Monday	4 days bed rest	4 (Fri, Sat, Sun, Mon)	2 (Fri, Mon)	4 (calendar days of incapacity)
Sickness over two weeks	14 days bed rest	14 (includes 4 weekends)	10 (weekdays only)	14 (full calendar period)
Short sickness on weekend	2 days bed rest (Sat-Sun)	2 (weekend only)	0 (no workdays affected)	0 (below 4-day minimum; no benefit)

In SSS computations, the ADSC is derived from the member's monthly salary credit divided by 30 (for a full month), ensuring daily benefits reflect average earnings. Employers must not deduct weekends from the recovery period but can from leave credits.

Jurisprudence and Practical Considerations

Philippine courts have addressed related issues, emphasizing employee welfare:

• In De Guzman v. NLRC (G.R. No. 169988, 2006), the Supreme Court ruled that leave benefits should be computed liberally, excluding non-working days from deductions unless proven otherwise.
• NLRC cases often uphold calendar-day inclusion for bed rest in SSS claims, as seen in disputes where employees challenged exclusions of weekends from benefit periods.
• Practical Tips:
  • Employees should secure a detailed medical certificate specifying calendar days of bed rest.
  • Employers must maintain accurate records to avoid underpayment claims.
  • Disputes can be filed with DOLE or SSS for resolution, with penalties for non-compliance under the Labor Code (fines up to PHP 100,000).

Conclusion

In the Philippine context, weekends are generally included in the sick leave bed rest period for purposes of medical recovery and SSS benefit computation, as these are based on calendar days of incapacity. However, for deducting leave credits under company policies or SIL, weekends are typically excluded, focusing on working days to protect employee entitlements. This dual approach balances health needs with operational fairness. Employees and employers should consult CBAs, DOLE guidelines, and SSS rules for specific applications, ensuring compliance to foster a supportive work environment. As labor laws evolve, ongoing awareness of amendments remains essential for all stakeholders.