Quick answer

The 30-day cap on preventive suspension is counted in calendar days, not working days. Weekends and holidays are included. After Day 30, the employer must either (a) reinstate the employee to work (even to a floating assignment), or (b) keep the employee on preventive suspension with pay while the case continues.

What preventive suspension is—and isn’t

Purpose. A temporary measure to remove an employee from the workplace during investigation when their continued presence poses a serious and imminent threat to the life or property of the employer or co-workers (e.g., suspected theft, violence, data sabotage).
Not a penalty. It’s not disciplinary suspension and not a finding of guilt. It’s a neutral step to protect people and property while facts are gathered.
Who it covers. Rank-and-file, probationary, supervisory, and managerial employees in the private sector under DOLE jurisdiction. (Public sector employees are under CSC rules, which have different timelines.)

Legal foundations (private sector)

Labor Code and its Omnibus Implementing Rules recognize preventive suspension as part of due process in employee discipline.
DOLE’s Revised Guidelines on Termination (commonly referred to as D.O. 147-15) set the operational guardrails widely used in practice:
- Imposition only when a serious and imminent threat exists.
- Maximum of 30 calendar days without pay.
- If investigation isn’t finished by Day 30, reinstatement or extension with pay is required.
- Employers must expedite the investigation.

(Names of issuances and concepts provided for orientation; companies should keep the actual text handy in their policy binder.)

Calendar days vs. working days

Default rule: 30 calendar days.
Counting mechanics:
- Day 1 starts on the effective date stated in the notice (or the next calendar day if the notice says “effective immediately today” at end-of-day).
- Weekends and holidays count.
- If Day 30 falls on a non-working day and practical reinstatement can only happen on the next workday, the period beyond Day 30 must be paid.
More-beneficial company rules/CBA: A policy or CBA may provide a shorter preventive suspension (e.g., 15 days) or count working days instead—if more favorable to the employee.

Pay and benefits during preventive suspension

Days 1–30: Generally no pay (since no work rendered), unless company policy/CBA provides otherwise.
Beyond Day 30: If the employer keeps the employee off work, the extension must be with pay (basic pay and regular benefits).
If the charge fails or the suspension is improper: Employees may be awarded backwages for the period and, in some cases, damages, depending on the circumstances and findings.

Benefits interactions

13th-month pay: Computed on basic pay actually earned; unpaid preventive suspension days reduce the base, except for any paid extension days (Day 31 onward) or if backwages are later awarded.
Leave accrual: Follow company policy/CBA; many policies pause accrual during unpaid status. If the extension is with pay, accrual normally continues.
SSS/PhilHealth/HDMF: If on unpaid status and no pay is processed, employer contributions may pause; they resume for paid extensions. (Voluntary remittances are optional through employee action.)

When preventive suspension is proper (and when it isn’t)

Proper when:

The alleged act involves violence, coercion, theft, fraud, sabotage, safety/OSH risks, or access to sensitive systems/assets where presence risks further harm or evidence tampering.
A credible preliminary assessment shows immediacy of threat.

Improper when:

There’s merely a minor infraction with no real risk if the employee stays at work.
It’s used as a shortcut penalty or a tactic to delay due process.
The employee can be placed elsewhere or access can be technically disabled to remove the risk without removing the person.

Employer alternatives to avoid misuse

Reassign to a non-critical post.
Disable system access or segregate functions/data.
Use escorted access for limited tasks (e.g., turnover, clearance).

Due-process requirements (run concurrently with, not after, suspension)

Preventive suspension does not replace the just-cause due process required for termination or disciplinary action:

First notice (charge sheet): Specific acts, facts, and rules violated; reasonable period to explain (commonly at least 5 calendar days).
Opportunity to be heard: Written explanation and/or administrative conference with the right to bring support (e.g., union rep).
Impartial evaluation: Weigh evidence (documents, CCTV, access logs, forensics).
Second notice (decision): Clear findings and penalty (if any), or exoneration/reinstatement.

Best practice: The investigation clock must actively run during the suspension. Document steps taken each week to show diligence.

HR playbook: how to implement it correctly

A. Before imposing

Verify the risk is serious and imminent; write a brief risk memo.
Check if a lesser measure (reassignment, access removal) can neutralize the risk.
Confirm counting as calendar days and set a Day-30 milestone in the case tracker.

B. Notice of preventive suspension

State: (1) legal basis, (2) specific acts under investigation, (3) serious and imminent threat rationale, (4) effectivity date and time, (5) duration up to 30 calendar days, and (6) instruction to remain reachable and not to access company systems/premises.
Issue simultaneously (or closely) with the first notice to explain on the substantive charge.

C. During the suspension

Collect evidence promptly (e.g., system logs, interviews, inventory counts).
Weekly case entries showing progress.
If more time is needed beyond Day 30, prepare either:
- Reinstatement memo (possibly to an alternate post), or
- Extension with pay memo (state that pay and benefits resume as of Day 31).

D. Decision

If guilty: Serve a well-reasoned decision; any penalty must be proportionate and compliant with company rules/CBA and law.
If not guilty or insufficient evidence: Reinstate and settle any pay differentials (e.g., for improperly extended periods).

Practical counting examples

Example 1 (straight 30): Notice effective June 1 (Sat) → Day 30 is June 30 (Sun). Must reinstate by July 1 (Mon) or start paid extension on July 1 (Day 31).
Example 2 (late-day issuance): Notice served Aug 5, 4:00 p.m. and says “effective immediately.” Aug 5 counts as Day 1. Day 30 is Sept 3.
Example 3 (holiday on Day 30): Day 30 falls on a regular holiday. If the employee cannot physically return that day, any continued bar to work from Day 31 is with pay.

Common pitfalls—and how to avoid them

Letting Day 30 lapse unpaid. Use calendared reminders; decide and act before the cap.
Vague “threat” language. Always articulate why presence creates serious and imminent risk.
No parallel due process. Run the disciplinary due-process track in parallel with the suspension.
One-size-fits-all. Consider alternatives first; document why they won’t work.
Silent policies. Update your Code of Discipline to mirror DOLE rules and clarify:
- counting as calendar days,
- paid extension from Day 31,
- benefits handling,
- expectations during the suspension (availability, cooperation, confidentiality).

Sample policy clause (you can tailor this)

Preventive Suspension. When the employee’s continued presence poses a serious and imminent threat to life, property, operations, or evidence integrity, the Company may impose preventive suspension for up to thirty (30) calendar days while investigation is conducted. If unresolved by the 30th day, the employee shall be reinstated (including to an alternative assignment) or the preventive suspension shall continue with pay until resolution. Preventive suspension is not a penalty. The Company shall diligently pursue the investigation and afford the employee full due process. The employee shall remain contactable and shall refrain from entering Company premises or accessing Company systems unless authorized.

FAQs

Is preventive suspension automatic for serious charges? No. It’s case-by-case and justified only by serious and imminent threat.

Can we extend unpaid beyond 30 days if the employee consents? No. Unpaid preventive suspension cannot exceed 30 calendar days. Any extension must be with pay.

If the employee refuses to receive the notice? Document a constructive service method (e.g., email to last known address, courier, HRIS portal posting, witnesses).

Does the 5-day period to explain use calendar days? Best practice (and common DOLE guidance) treats it as calendar days unless policy/CBA gives more time.

Key takeaways

Count in calendar days. The 30-day cap includes weekends/holidays.
Decide by Day 30. Reinstate or convert to paid status from Day 31.
Ground every suspension on a clearly documented serious and imminent threat and keep due process moving.

This framework aligns HR practice with DOLE-recognized standards, minimizes backpay exposure, and protects both workplace safety and employee rights.