Resignation Without 90-Day Notice Because of Medical Clearance
(Philippine legal perspective, updated to July 5 2025)
1. Statutory Framework
| Instrument | Key Points on Resignation & Sickness |
|---|---|
| Labor Code, Art. 300 (formerly 285) – Termination by Employee | - Para (a): Employee may resign “without just cause” by giving the employer at least 30 days’ written notice. - Para (b): Employee may end the employment without notice for “just causes” (serious insult, inhuman treatment, commission of a crime against the employee, or other causes analogous to the foregoing). Debilitating illness has been accepted by both the NLRC and the Court of Appeals as an “analogous” ground. |
| Labor Code, Art. 302 (formerly 288) – Disease as Ground for Termination | Applies when the employer terminates because the employee’s disease makes continued work unlawful or harmful; requires DOH-licensed physician certification and separation pay. |
| Department Order 06-20 (DOLE) – Final Pay Rule | Employer must release all final wages and benefits within 30 days from the date of separation regardless of the reason for leaving. |
| Civil Code, Arts. 19 & 1306 | Parties may stipulate a longer notice (e.g., 60–90 days) but such stipulation may not defeat or diminish statutory rights or be contrary to morals, good customs or public policy. |
Bottom-line: The Labor Code requires only 30 days’ notice, and even that may be waived entirely if the resignation is for a just cause such as a physician-certified medical condition that makes further service unreasonable or unsafe. A contractual 90-day rule must yield when a just cause exists.
2. What Counts as “Medical Clearance” and Why It Matters
Fit-to-Work vs. Not-Fit-to-Work Certificates
- A “Not Fit to Work” finding issued by a government or company-accredited physician establishes that continued employment endangers the employee or co-workers.
- Because the certificate comes from a qualified medical professional, it constitutes substantial evidence for invoking Art. 300(b) (analogous cause).
Chronic, Progressive, or Highly Contagious Illnesses (e.g., advanced cardiac disease, severe orthopedic disorders, active pulmonary tuberculosis, uncontrolled epilepsy) are the most frequently accepted grounds.
Temporary Conditions (e.g., six-week post-surgical convalescence) normally do not excuse the 30-day notice; sick leave and SSS sickness benefits are the proper avenues.
3. Jurisprudential Guideposts
| Case | G.R. No. | Ratio Decidendi |
|---|---|---|
| SABRINA G. GABRIEL v. QAF Meat Industries (CA-G.R. SP 123768, 2018) | — | CA affirmed NLRC: an employee who submitted a Not Fit to Work certificate for high-risk pregnancy could resign effective immediately; 60-day contractual notice was unenforceable. |
| RURAL BANK OF CANTILAN v. Julve (G.R. 169750, 2011) | Immediate resignation for “acute renal failure” held valid; employer’s refusal to release final pay within 30 days was an unfair labor practice. | |
| Malcampo v. FIRST PHILIPPINE SCALES (NLRC LAC No. 11-000934-18) | NLRC ruled that degenerative lumbar disease is an “analogous cause”; employer was barred from deducting “liquidated damages” for unserved notice. | |
| A. JAKA FOOD PROCESSING CORP. v. Pacot (G.R. 151378, 2005) | Although about employer-initiated dismissal, Jaka underscores the importance of a competent medical certification when health is invoked. |
(No Supreme Court decision squarely addresses a mandatory 90-day notice; lower tribunals treat it as contractual and subordinate to Art. 300.)
4. Interaction with 90-Day Company Policies
Validity – Companies may impose longer notice periods on managerial or critical positions to ensure orderly turnover, provided:
- The rule is written (e.g., in the CBA, employee handbook, or individual contract); and
- It is applied uniformly and reasonably.
Limits – The policy cannot override Art. 300(b). If immediate resignation is grounded on a genuine medical clearance, imposing liquidated damages, withholding clearance, or threatening “absences without leave” may expose the employer to illegal dismissal or constructive dismissal liability.
Good-Faith Compliance – Even when resigning immediately, the employee should:
- Tender a formal letter citing Art. 300(b) and attach medical proof;
- Offer to assist in short turnover arrangements suited to the medical restriction (e.g., remote documentation);
- Return company property promptly.
5. Employer’s Duties After Acceptance
| Duty | Legal Basis | Time Frame |
|---|---|---|
| Release of final pay (unpaid salary, pro-rated 13th-month, unused SIL, other monetary benefits) | DOLE D.O. 06-20 | ≤ 30 days |
| Certificate of Employment | Labor Code, Art. 302; DO 19-20 | “Immediately upon request” |
| BIR Form 2316, SSS/PhilHealth/HDMF reporting | NIRC §79; RA 11199; RA 7875; RA 9679 | Standard statutory deadlines |
| Confidentiality of medical data | RA 10173 (Data Privacy Act) | Continuous |
If the employer — out of necessity — converts the resignation into an employer-initiated separation under Art. 302 (disease), it must also pay separation pay equal to one-month salary or one-half month salary per year of service, whichever is higher.
6. Employee Benefits & State Claims
- SSS Sickness Benefit – Up to 120 compensable days per calendar year (Philippine Social Security Act of 2018).
- SSS Disability Benefit – For permanent partial/total disability; resignation does not bar the claim.
- Employees’ Compensation (EC) – If the illness is work-related; processed via SSS.
- PhilHealth – Case-rate payments directly to the healthcare provider.
- Unemployment Insurance – Not available because resignation is voluntary; only employer-initiated involuntary separation qualifies.
7. Procedural Roadmap for Employees
- Secure a detailed medical certificate (diagnosis, prognosis, work-capacity opinion).
- Draft a resignation letter expressly invoking Art. 300(b) and requesting waiver of the 90-day rule.
- File the letter with HR and obtain a receiving copy.
- Comply with clearance steps that are feasible (return laptop, ID, documents).
- Follow up on final pay after 30 days; if delayed, lodge a money claim with the DOLE’s Single-Entry Approach (SEnA).
- If employer withholds clearance or imposes penalties, file a complaint for illegal deductions or constructive dismissal before the NLRC; attach your medical evidence and proof of notice.
8. Risk Management Tips for Employers
- Have an internal protocol for medically driven resignations (checklist, shortened turnover templates).
- Evaluate the authenticity of medical certificates but avoid unreasonable second opinions that could be viewed as harassment.
- Document acceptance of the resignation and explicitly waive the extended-notice clause “for humanitarian reasons” to avoid estoppel disputes.
- Process clearances swiftly; DOLE inspectors treat delays as a red-flag.
- Confidentiality – Designate limited HR personnel to handle employee medical records in compliance with RA 10173.
9. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I be sued for damages if I do not finish the 90-day notice? | If your resignation is backed by a valid medical clearance, company claims for damages generally fail; courts refuse to penalize employees forced to leave for health reasons. |
| Must I divulge the exact diagnosis? | You may provide only the fitness-to-work conclusion; detailed medical data enjoys privacy protection under the Data Privacy Act. |
| Will I still get separation pay? | Only if the employer, not you, terminates the employment on disease grounds per Art. 302. Otherwise, separation pay is not legally mandated for voluntary resignation. |
| What if my employer insists on “substituting” me first? | The company may ask for a reasonable hand-over, but cannot compel you to stay if medically unfit. Provide written turnover notes instead. |
10. Key Take-Aways
- The Labor Code’s 30-day notice is the baseline; a 90-day contractual requirement is subordinate when a doctor certifies you can no longer safely work.
- A competent medical certificate transmutes immediate resignation into one “for just cause,” extinguishing any liability for notice.
- Employers should respond humanely and promptly: waive excess notice, settle final pay within 30 days, and protect medical privacy.
- Employees should document everything—medical findings, resignation letter, HR receipts—to forestall disputes.
- When health and labor rights intersect, substance prevails over form: the law will not force an employee to jeopardize life or health merely to satisfy an extended notice clause.