Executive summary

Default rule: An employee who resigns must give the employer at least 30 calendar days’ written notice, unless there is a legally recognized just cause for immediate resignation or the employer waives the notice.
Extension: Employers cannot unilaterally extend the 30-day notice. Any longer period requires the employee’s clear, voluntary agreement (e.g., a mutually accepted handover plan).
Suspension/leave during notice: As a rule, calendar time keeps running. Being on preventive suspension or on leave (sick, vacation, maternity/paternity, etc.) does not pause (“toll”) the 30-day notice, unless both parties agree to move the effective date.
What employers can do: They may waive all or part of the notice, pay in lieu, or agree on a short, reasonable extension. They cannot force an employee to continue working past the effective resignation date. The usual remedy for breach of a longer contractual notice (if any) is damages, not compelled labor or withheld clearance as leverage.

Legal foundations (high level)

Right to resign Resignation is a voluntary act that ends the employment relationship after compliance with legal and contractual requirements. The law requires at least 30 days’ written notice to enable a smooth transition. The period is customarily understood as calendar days (weekends and holidays included), unless the parties clearly stipulate otherwise.
Immediate resignation for just causes The law recognizes instances when an employee may resign without notice, such as serious insult, inhuman or unbearable treatment, commission of a crime by the employer or co-workers against the employee or the employee’s family, and analogous causes. Severe or contagious illness (certified by a competent public health authority) can also justify immediate separation.
Freedom to contract vs. public policy Parties may agree on reasonable transition arrangements (handover milestones, garden leave, pay in lieu). However, any agreement that effectively restrains the employee from moving on (e.g., open-ended extensions or punitive notice periods) is disfavored and may be struck down as contrary to labor policy and the constitutional proscription against involuntary servitude. The typical lawful consequence of breaching a negotiated notice is possible liability for damages, not compelled continued service.

Can employers extend the notice because the employee is suspended?

Short answer: No, not unilaterally.

Preventive suspension (usually up to 30 days pending investigation) is not a break in employment, but it also does not stop the clock on a resignation notice. The notice continues to run while the employee is suspended, unless the parties agree to shift the resignation’s effective date.
If a resignation is served during preventive suspension, the employer may continue administrative proceedings (resignation does not erase possible liability), but cannot force an extension of the notice period beyond the stated effectivity.
If the suspension exceeds the usual allowable period, the employer may have to pay wages for the excess days; this still does not grant the employer a right to extend the employee’s resignation notice.

Practical takeaway: Suspension is management’s prerogative for discipline or risk control, not a tool to extend an employee’s notice period.

Can employers extend the notice because the employee is on leave?

Short answer: Generally no.

Approved leave (vacation, sick, emergency, maternity/paternity, solo-parent, etc.) does not pause the 30-day calendar notice. The purpose of notice is to alert the employer and allow staffing adjustments, not to guarantee 30 working days of service.
Employers and employees can mutually adjust the handover schedule (e.g., push certain deliverables, use remote turnover, or agree on limited availability during leave), but time still runs unless both sides explicitly move the resignation effectivity.

Edge cases

Extended medical leave: If the employee resigns effective immediately due to illness duly certified by a competent public health authority, no notice is required.
Maternity leave in progress: The resignation may take effect during leave if the 30-day notice was validly served before the leave, or immediately if both parties agree to waive. Benefits already vested by law are not forfeited by resignation.

Can an employment contract require longer than 30 days?

The statute sets a floor (“at least 30 days”), not an express maximum. Some contracts specify 45–60 days for senior or sensitive roles.
Enforceability hinges on reasonableness and voluntariness: courts typically won’t compel continued work beyond the chosen effectivity. The employer’s remedy is usually to claim damages for a proven breach (if any), not to detain the employee or withhold statutory benefits.
In practice, many employers waive a portion of a longer contractual notice or accept pay in lieu or an accelerated turnover plan.

Handover, garden leave, and pay in lieu

Handover plans (asset returns, knowledge transfer, access revocation) are best settled in writing.
Garden leave (employee remains employed but relieved from duties) may be used within the notice period by mutual consent. It does not extend the calendar notice.
Pay in lieu: Parties may agree that the employer pays for the remaining notice and releases the employee earlier, or that the employee forfeits equivalent pay for a shortfall—provided no statutory pay/benefit is unlawfully withheld.

Clearances, final pay, and certificates

Employers may not withhold clearance, final pay, or the Certificate of Employment as a pressure tactic to force an extension. They may, however, settle lawful offsets (e.g., unreturned property, accountable shortages) following due process and documented computation.
Final pay customarily includes unpaid wages, commuted unused leaves (if company policy or CBA grants them), 13th-month pay proportion, and other accrued benefits, less authorized deductions.

Frequently asked questions

1) Do weekends and holidays count toward the 30 days? Yes. The period is ordinarily 30 calendar days unless the parties expressly agree to count working days.

2) My employer says my 30-day notice “doesn’t count” because I was on sick leave for a week. Is that correct? Generally no. The notice period is time-based, not attendance-based, unless you agreed in writing to toll it.

3) I resigned while under preventive suspension. Can HR extend my end date to “make up” the days? No, absent your consent. Suspension does not authorize unilateral extensions.

4) My contract says 60 days’ notice. Can I still leave after 30? You may choose an earlier effectivity, but the employer could pursue damages for breach if the 60-day clause is reasonable and you gave less than agreed. In real-world practice, many employers negotiate a shorter transition.

5) Can HR refuse to accept my resignation? Resignation is fundamentally a unilateral act. HR can decline proposed terms, but cannot force you to continue working past your chosen effective date after you’ve complied with the legal (or mutually agreed) notice—or the employer has waived it.

6) Can I offset unused vacation leave against the remaining notice? Only by agreement. There’s no automatic right to “charge” leave credits to shorten the statutory notice, though many employers allow it.

Practical steps for employees

Serve written notice specifying the effective date (count 30 calendar days) and offer a handover plan.
Keep records: proof of service/receipt, emails, and turnover checklists.
If on suspension or leave, clarify in writing that time continues to run toward the effective date, unless both sides agree otherwise.
Negotiate reasonably if the employer requests more time—trade for an earlier release, garden leave, or pay in lieu.
Return company property and complete clearance promptly to avoid lawful offsets.

Practical steps for employers

Acknowledge resignation in writing; state whether you waive any portion of notice or agree to a revised effectivity.
Use a turnover matrix (documents, accesses, assets) and designate alternates.
If requesting an extension, make it voluntary and documented; offer incentives (e.g., completion bonus, flexible schedule, garden leave).
Avoid withholding statutory pay or certificates to coerce extension.
Proceed with disciplinary cases notwithstanding resignation, if warranted; resignation does not automatically extinguish liability.

Bottom line

The Philippine 30-day resignation notice is a calendar-time obligation, not a guarantee of 30 working days.
Suspension or leave during the notice does not pause the clock.
Extensions require consent. Employers can request, negotiate, or waive—but not impose—additional time.
Clearance, final pay, and certificates cannot be used to coerce employees to stay beyond the effective resignation date.

This article provides general information for the Philippine context and is not a substitute for legal advice about your specific facts.