Is It Legal to Ask an Employee to Resign Due to Extended Leave for a Family Illness in the Philippines?

Introduction

In the Philippine employment landscape, balancing work obligations with family responsibilities is a common challenge, particularly when a family member faces a serious illness requiring extended care. Employers may sometimes suggest or request that an employee resign to accommodate such situations, citing business needs or operational disruptions. However, this raises critical legal questions about employee rights, security of tenure, and the boundaries of employer authority. Under Philippine labor laws, resignation must be voluntary, and any pressure tied to legitimate absences could constitute illegal dismissal. This article explores the legality of such requests in depth, examining relevant statutes, doctrines, employee entitlements to leave, potential employer defenses, procedural requirements, and remedies available to affected workers. It draws from the Labor Code of the Philippines and related jurisprudence to provide a comprehensive analysis.

Legal Framework Governing Employment and Leaves

The primary law regulating employment in the Philippines is the Labor Code (Presidential Decree No. 442, as amended), which establishes the rights and obligations of employers and employees. Key principles include security of tenure (Article 294), which protects regular employees from arbitrary termination, and the requirement for just or authorized causes for dismissal (Articles 297-299). Resignation, as a mode of separation, is addressed under Article 300, emphasizing that it must be voluntary and without coercion.

Leaves for family-related reasons are not as extensively mandated as personal sick leave or vacation leave. The Labor Code provides for basic entitlements:

Service Incentive Leave (SIL): Five days of paid leave per year for employees who have rendered at least one year of service (Article 95). This can be used for any purpose, including family care, but it is limited and must be scheduled in advance.
Sick Leave and Vacation Leave: These are typically provided under company policy or collective bargaining agreements (CBAs), as the Labor Code does not mandate them for private sector employees beyond SIL. However, many companies offer 15 days each annually, which employees might use for family illnesses.

Special laws expand leave options for specific family scenarios:

Paternity Leave (Republic Act No. 8187): Seven working days of paid leave for married male employees upon the birth of a legitimate child, extendable under certain conditions but not directly applicable to family illnesses.
Solo Parent Leave (Republic Act No. 8972): Seven working days per year for solo parents to attend to parental duties, which could include caring for an ill child.
Expanded Maternity Leave (Republic Act No. 11210): Up to 105 days of paid leave for female employees, with an additional 30 days unpaid, and 7 days transferable to the father. This is for childbirth-related matters but may indirectly cover post-partum family health issues.
Violence Against Women and Their Children (VAWC) Leave (Republic Act No. 9262): Up to 10 days of paid leave for female employees who are victims of violence, which could involve family members.
Special Leave for Women (Republic Act No. 9710, Magna Carta of Women): Two months of paid leave for gynecological surgery, but not for general family illnesses.
Family and Medical Leave under Company Policy: In the absence of statutory mandates for extended family illness leave, many employers provide compassionate or emergency leave through internal policies, CBAs, or employee handbooks. These are often unpaid beyond a short period and require documentation like medical certificates.

Notably, there is no general statutory provision for extended paid leave specifically for caring for an ill family member, unlike in some jurisdictions (e.g., the U.S. Family and Medical Leave Act). Employees relying on such leave must often negotiate with employers or use accumulated leaves. If the illness qualifies under the Philippine Health Insurance Corporation (PhilHealth) or Social Security System (SSS) benefits, employees might access sickness benefits, but these are for personal illness, not family care.

Security of Tenure and the Concept of Resignation

Security of tenure ensures that regular employees cannot be dismissed except for just causes (e.g., serious misconduct, gross negligence, abandonment) or authorized causes (e.g., redundancy, retrenchment, closure, or disease incurable within six months). Asking an employee to resign due to extended leave for family illness does not inherently fall under these categories unless the absence constitutes abandonment.

Voluntary Resignation: For a resignation to be valid, it must be clear, unequivocal, and free from duress (Supreme Court rulings like Mobile Globe, Inc. v. Abaga, G.R. No. 206708). If an employer "asks" or suggests resignation in response to extended leave, it could be interpreted as coercive if tied to threats of dismissal, demotion, or other adverse actions.
Constructive Dismissal: This occurs when an employer makes working conditions intolerable, forcing the employee to quit (Article 300; Gan v. Galderma Philippines, Inc., G.R. No. 177167). Examples include persistent pressure to resign, withholding pay during leave, or assigning unreasonable tasks upon return. If the extended leave is justified (e.g., supported by medical documentation and company approval), pressuring resignation could be deemed constructive dismissal, rendering it illegal.

In cases involving family illness, courts assess whether the leave was authorized. If the employee notifies the employer and provides valid reasons, the absence may not qualify as abandonment, which requires (1) failure to report without valid reason and (2) clear intent to sever ties (Jo v. National Labor Relations Commission, G.R. No. 121605).

Employer Perspectives and Defenses

Employers may argue that extended absences disrupt operations, justifying a request for resignation. However, this must align with legal standards:

Business Necessity: Under authorized causes, employers can separate employees for redundancy or retrenchment if absences lead to inefficiency, but this requires 30-day notice to the Department of Labor and Employment (DOLE) and the employee, plus separation pay (Article 298).
Disease as a Cause: If the family illness indirectly affects the employee's health (e.g., stress leading to the employee's own incapacity), dismissal might be possible if certified incurable within six months by a competent physician (Article 299). However, this applies to the employee's condition, not the family's.
Abandonment: If the leave exceeds approved limits without communication, it could be grounds for dismissal after due process (two-notice rule: notice to explain and notice of decision).
Company Policies: Employers can enforce rules on leaves, but these must not violate laws or be discriminatory. For instance, requiring resignation for extended family leave could be challenged if it disproportionately affects caregivers, potentially violating equal protection or anti-discrimination provisions under the Magna Carta of Women or the Labor Code.

Jurisprudence supports employee protections. In Cosue v. Confessor (G.R. No. 101828), the Supreme Court ruled that family emergencies can excuse absences if properly documented. Similarly, in Lynvil Fishing Enterprises, Inc. v. Ariola (G.R. No. 181974), coerced resignations were invalidated.

Procedural Requirements and Due Process

Any separation, including resignation prompted by the employer, must adhere to due process:

For Dismissal: Twin-notice rule – a written notice specifying grounds and allowing the employee to explain, followed by a final notice of termination.
For Resignation: Employers should document acceptance and ensure no coercion. If disputed, the burden shifts to the employer to prove voluntariness.
DOLE Oversight: Complaints can be filed with the National Labor Relations Commission (NLRC) for illegal dismissal claims, seeking reinstatement, backwages, and damages.

Scenarios and Practical Considerations

Approved Extended Leave: If the employer grants unpaid leave for family illness, asking for resignation upon return is likely illegal, as it undermines security of tenure.
Unauthorized Extended Leave: If the employee exceeds leave without approval, the employer may initiate dismissal proceedings for abandonment, but must follow due process rather than soliciting resignation.
Negotiated Separation: Mutual agreements for separation with benefits (e.g., severance) are legal if voluntary and documented.
Small Businesses vs. Large Corporations: Micro-enterprises (fewer than 10 employees) have some exemptions under Republic Act No. 10644 (Go Negosyo Act), but core labor rights like security of tenure apply universally.
COVID-19 and Health Crises: Post-pandemic guidelines from DOLE (e.g., Department Order No. 213-20) emphasized flexible arrangements for family health, discouraging terminations for related absences.

Employees should maintain records of communications, medical certificates, and leave requests. Employers are advised to offer alternatives like work-from-home, flexible hours, or temporary replacements before considering separation.

Remedies for Employees

If an employee believes the request to resign was unlawful:

File a Complaint: With the NLRC for illegal dismissal, potentially awarding full backwages, reinstatement, moral/exemplary damages, and attorney's fees.
Money Claims: For unpaid leaves or benefits under the Labor Code.
Criminal Liability: In extreme cases of coercion, charges under the Revised Penal Code (e.g., grave coercion) may apply.
Preventive Measures: Seek DOLE mediation or consult labor unions/CBAs for support.

Conclusion

In the Philippines, asking an employee to resign due to extended leave for a family illness is generally not legal if it amounts to coercion or retaliation for a legitimate absence, as it violates security of tenure and could constitute constructive dismissal. While no law mandates extended paid leave for family illnesses, employees are protected from arbitrary actions, and employers must justify any separation through just or authorized causes with due process. Both parties benefit from open communication and adherence to policies. Employees facing such situations should document everything and seek legal advice to protect their rights, ensuring that family care does not unjustly cost them their livelihood. This framework underscores the Labor Code's emphasis on humane working conditions and social justice.