Comprehensive guide for Filipino seafarers, manning agencies, and shipowners. Philippine legal context as of 2025. Informational only; not legal advice.

1) The big picture

“Medical repatriation” happens when a seafarer is sent home on medical grounds during the contract (injury, illness, or emergency). From that point, the employment relationship pivots from “crewing” to “care and compensation”: the company’s core duties are treatment, sickness allowance, and—eventually—an objective medical assessment of fitness-to-work (FTW) or permanent disability.

Reemployment (redeployment to the same or another vessel) is not automatic under Philippine/standard maritime rules. Whether and when you can sail again depends on medical fitness, job qualifications, contract terms/CBA, and lawful operational requirements—but there are rights that protect you from unfair exclusion and processes that employers must follow.

2) What medical repatriation triggers (company obligations)

Under the standard Filipino seafarer framework (DMW/POEA Standard Employment Contract and typical CBAs), medical repatriation generally triggers:

Immediate medical care upon arrival: diagnostics, specialist care, medicines, and rehabilitation with an accredited/company-designated physician.
Sickness allowance: typically equivalent to your basic wage, payable up to 120 days while under treatment, extendable up to 240 days if further treatment is justified.
Medical reporting: the company-designated physician must issue medical progress updates and, within the 120–240 day window, a final medical assessment stating either fit-to-work or a definitive disability grade.
“Third doctor” mechanism (dispute rule): if your own doctor’s final assessment differs from the company doctor’s, both sides jointly appoint an independent third doctor whose opinion resolves the conflict.

These medical/monetary obligations are independent from any question of future reemployment. They must be honored regardless of whether you will sail again.

3) Does medical repatriation end the contract?

Yes—the onboard service under the current contract ends when you are medically repatriated. After repatriation, you are not earning wages under that contract (you receive sickness allowance instead), and you don’t have an automatic right to return to the same vessel within that unserved portion. Any redeployment is a new engagement.

4) The 120/240-day rules and their impact on “fitness” vs “disability”

Within 120 days from repatriation, the company doctor should either declare you FTW or explain why continued treatment is needed.
Treatment can extend up to 240 days if medically justified, after which a final assessment must be issued.
If no proper final assessment is given within the allowable period—or it is patently tentative—the law may treat your condition as permanent total disability for compensation purposes.

Important: A disability award (e.g., permanent partial grade) addresses compensation, not permanent unemployability. Many graded injuries still allow a return to suitable sea service once medically certified and STCW standards are met.

5) Reemployment/redeployment after medical repatriation — what rights exist?

A) No guaranteed rehire, but there are guardrails

Seafaring is fixed-term and voyage/contract-based. The law does not force a company to rehire after medical repatriation.
However, companies cannot blacklist or bar you for unlawful reasons (e.g., retaliation for claiming benefits, union activity, or discrimination unrelated to bona fide job requirements).
Decisions must be anchored on legitimate medical/operational criteria, not stigma.

B) Medical fitness gate

To be redeployed, you must pass PEME and obtain a valid medical fitness certificate under STCW/MLC and flag-state rules.
A prior illness/injury cannot be used to deny redeployment if you are medically fit and meet the job’s essential functions.

C) Job-related qualification gate

Redeployment may lawfully require current COC/COP, sea-time recency, training refreshers (e.g., BST/BT, AFF/FRB), and company/charterer standards. Failure here can justify non-assignment even if you’re FTW.

D) CBA or company policy may add rights

Some CBAs establish priority pooling or return-to-pool rules for medically repatriated seafarers who later obtain FTW. These are contractual, not statutory, but they can be enforced if applicable.

6) What counts as unlawful non-redeployment?

Retaliation: You asserted your right to treatment/benefits or pursued a claim, and the manning agency/shipowner blackballed you for that reason.
Discrimination: Blanket refusal to consider all seafarers with a particular past medical condition despite individual FTW and job-fitness certification, without a demonstrable safety/operational basis.
Bad-faith medical holds: Prolonged “pending medical” status after an FTW clearance, used as a pretext to avoid considering you for open billets.
Data privacy breaches: Indiscriminate sharing of your medical details outside legitimate fitness evaluation or crew assignment processes.

Proof is key. Keep written application trails, FTW certificates, vacancy adverts you applied for, and agency replies (or silence).

7) Practical pathway back to sea (for seafarers)

Finish treatment and secure a final FTW from the company-designated physician or resolve the conflict through the third-doctor pathway.
Renew PEME and obtain flag-state/MLC medical (if separate).
Update COC/COP, training, and sea-time docs; address any recency lapses.
Formally apply for redeployment with your manning agency in writing. Attach FTW and PEME; cite the positions you qualify for.
If ignored or refused without valid reason, send a follow-up demand asking for specific grounds of refusal and requesting inclusion in the crew pool.
Consider parallel applications to other licensed agencies; you are free to transfer, subject to pending obligations (e.g., return of company gear).
If you suspect retaliation or discrimination, prepare a documented complaint (see §12).

8) For manning agencies/shipowners: lawful redeployment practices

Base decisions on documented medical fitness (PEME/flag medical) and job requirements; keep case-by-case records.
Avoid blanket bans (e.g., “no prior back injury ever”) unless a safety standard expressly requires it and individualized assessment is not feasible.
If not redeploying an FTW seafarer, issue a neutral written explanation (e.g., no open billet matching rank/recency; charterer matrix mismatch).
Respect medical confidentiality: disclose only what is necessary for assignment/flag compliance.
Do not condition medical benefits settlement on a waiver of future employment opportunities.

9) Can you demand to be returned to the same vessel?

Generally no. The original deployment is over once medically repatriated. What you can reasonably ask is priority consideration for the next opening you are qualified for, especially if a CBA or internal policy provides a pooling priority. Without such a clause, the company retains management prerogative—bounded by anti-retaliation and anti-discrimination principles.

10) Interplay with disability compensation

If you were assessed with a permanent disability grade and paid disability benefits, redeployment may still be possible if you later meet medical fitness and job standards (e.g., permanent partial disability that does not preclude safe sea service).
If you are declared permanently unfit for sea service, reemployment as shipboard personnel is unlikely; you may explore shore-based roles that fit your capacities.

11) Records you should keep (seafarer toolkit)

Medical repatriation documents: Master’s report, log entries, referral/escort reports.
Treatment file: clinic/hospital records, diagnostics, prescriptions, therapy notes.
Final medical assessment: Company doctor’s final report; your doctor’s final report; any third-doctor opinion.
FTW/PEME and flag medical certificates (with validity dates).
Applications and agency correspondence (emails/SMS/Viber messages).
Vacancy postings and your submissions; screen captures with timestamps.
CBA or company policy pages on pooling/redeployment.

12) Remedies if you believe you were unfairly refused redeployment

Raise it in writing with the manning agency and shipowner (copy your union, if any). Ask for specific, lawful grounds.
Grievance/conciliation under your CBA (if unionized) or through SEnA (Single-Entry Approach) at the labor office for quick mediation.
Labor claims (NLRC) for money claims/damages if you can prove retaliation or bad-faith practices that caused loss (note: there is no generic right to “wages for unserved billets,” but damages may be awarded for unlawful acts).
Regulatory complaint with the DMW (licensing/regulatory) for unfair recruitment practice, blacklisting, or contract violations.
Data privacy complaint for improper handling of medical data.
Disability/compensation claims remain separate; pursue them within the filing windows.

Prescription tips:

Money claims (e.g., sickness allowance differentials): generally 3 years.
Injury to rights/damages: generally 4 years.
Contractual claims: often 10 years if written; check your documents. File early to preserve evidence.

13) FAQs

Q1: I’m already FTW but the agency keeps saying “no assignment” for months. Is that legal? It can be—there is no right to immediate redeployment. But if others of your rank with similar qualifications are deployed while you’re consistently passed over because you pursued a claim or due to non-job-related medical history, you may have grounds for a retaliation/discrimination complaint. Build a paper trail.

Q2: The company doctor says I’m unfit; my doctor says I’m fit. What now? Invoke the third-doctor mechanism in writing. The jointly-chosen independent physician’s opinion breaks the tie.

Q3: I received a partial disability award. Can I still work at sea? Possibly. If you can meet PEME/flag medical and safely perform essential duties, you may be redeployed—perhaps to a modified role. Final say hinges on fitness standards and operational needs.

Q4: Can the agency publish my diagnosis to principals to explain non-hire? They must keep disclosures minimal and relevant (fitness status, restrictions). Broadcasting detailed diagnoses beyond what’s necessary can violate medical confidentiality and privacy rules.

Q5: Can I insist on rejoining the same vessel to finish my contract once I’m FTW? No. Medical repatriation ends that shipboard engagement. You may seek new placement subject to fitness and openings.

14) Employer/managing-agent checklist (to stay compliant)

Provide timely treatment and sickness allowance; document all payments.
Issue final medical assessment within 120/240 days.
Honor the third-doctor process when invoked.
Use objective criteria for redeployment; avoid blanket medical bans.
Keep medical data confidential; disclose only fitness and necessary restrictions.
Do not condition settlements on “no rehire” promises.
Train crewing staff on anti-retaliation and equal opportunity principles.

15) Short templates

A) Seafarer request for redeployment (after FTW)

Subject: Application for Redeployment – [Rank], FTW dated [dd mmm yyyy] Dear [Agency/Crewing Manager], I was medically repatriated on [date] and have since been declared FIT TO WORK (copy attached). My PEME/flag medical is valid until [date]. I wish to be considered for [rank/position] on your active vessels. Please advise on available billets or pool inclusion. Sincerely, [Name], [SRB/Passport No.]

B) Demand for written grounds (if refused)

Kindly provide the specific grounds for not considering my application despite my FTW and valid PEME, and confirm my pool status. If medical restrictions are cited, please specify what essential job functions they affect so I may address them.

16) Key takeaways

Medical repatriation ends the current voyage engagement; it does not erase your rights to treatment, sickness allowance, and a proper final medical assessment.
Redeployment is not guaranteed, but employers must avoid retaliation, unlawful discrimination, and privacy breaches.
Fitness-to-work + job qualifications are your main ticket back. Keep your certifications current and document every application/response.
Use the third-doctor route to resolve medical disputes and SEnA/NLRC/DMW mechanisms if you suspect unfair practices.

If you share your rank, date of repatriation, diagnosis, and current medical/PEME status, I can draft a targeted redeployment request and a follow-up letter tailored to your facts.