For employees, HR, and managers navigating medical issues at work in the Philippines.

1) The big picture

Philippine law protects workers from discrimination and unsafe working conditions. When a health condition affects your ability to work in the ordinary way, the default rule is adjust, don’t dismiss—unless the employer can meet strict legal standards for termination due to disease. Several statutes work together:

1987 Constitution – guarantees equal protection and social justice in labor relations.
Labor Code – sets rules on authorized termination due to disease (Art. 299 [formerly 284]), wages/benefits, and due process.
Magna Carta for Persons with Disability (PWD) (RA 7277, as amended by RA 9442 & RA 10524) – prohibits disability-based discrimination and requires reasonable accommodation unless it causes undue hardship.
Mental Health Act (RA 11036) – promotes workplace mental health policies and non-discriminatory practices.
OSH Law (RA 11058) – requires employers to remove or control hazards and provide a safe and healthy workplace (including PPE, engineering/administrative controls, and fit-to-work assessments).
Data Privacy Act (RA 10173) – treats medical information as sensitive personal data; employers must keep it confidential and use it only for legitimate purposes.
Anti-Age Discrimination (RA 10911), Magna Carta of Women (RA 9710), HIV and AIDS Policy Act (RA 11166) – contain sectoral non-discrimination protections relevant to many medical scenarios.
Telecommuting Act (RA 11165) – enables remote work/flexible arrangements that often function as accommodations.
Leave and social insurance laws – e.g., Service Incentive Leave, SSS Sickness Benefit and EC benefits, Expanded Maternity Leave, Paternity Leave, Solo Parents, etc.

2) “Reasonable accommodation”: what it means

A reasonable accommodation is a practical adjustment that allows a qualified worker with a disability or medical limitation to perform the essential functions of the job without lowering quality or safety standards. Common examples:

Temporary light duty or “no lifting” restrictions
Flexible schedule, telework, or reduced hours during treatment
Assistive devices (ergonomic chair, screen-reader, anti-glare monitor)
Reassignment to a vacant equivalent role when the current role can’t be modified
Additional breaks for meds, glucose checks, or therapy sessions
Modified targets where time—not results—is the barrier during recovery

An employer may refuse only if it can show undue hardship (significant difficulty or expense considering size, resources, and the accommodation’s impact) or a direct threat to health/safety that cannot be reduced by reasonable measures.

3) Termination “due to disease” is tightly regulated

Employers sometimes claim they cannot accommodate and instead end employment. Under the Labor Code, dismissal for disease is valid only if the employer proves all of the following:

A competent public health authority (e.g., a government physician) issues a medical certification that the disease is either:
- Incurable within six (6) months even with proper treatment, or
- Such that continued employment is prohibited by law or poses a serious risk to the employee or co-workers; and
The employer paid separation pay as required for authorized causes; and
Due process was observed (notice and opportunity to be heard).

If any element is missing, termination is illegal. Often, the right remedy is temporary leave, light duty, or reassignment while treatment proceeds (up to six months is the traditional benchmark used by the law for curability).

4) Your practical game plan (step-by-step)

A. Prepare your request

Collect medical documents: recent medical certificate stating diagnosis (you may keep specifics minimal), work restrictions, duration, and recommended accommodations.
List essential duties of your role and suggest concrete adjustments that let you perform them.
Keep privacy: give HR only what’s needed to assess fitness and accommodations; medical details should be handled confidentially by HR/clinic.

B. Make a written accommodation request

Send HR a short letter or email:

Subject: Request for reasonable accommodation Dear HR, I am a [position] with a medical condition that affects [brief effect]. My doctor recommends [restriction]. I remain able to perform the essential functions of my job with the following accommodations: [list]. Attached is my medical certificate (confidential). I’m available to discuss an interim plan through [date]. Thank you.

C. Join the “interactive process”

Meet with HR/your manager to explore options.
Be flexible: accept trial accommodations and periodic review.
Provide updated certificates if the condition or restrictions change.

D. If the employer balks or refuses

Document everything: dates, replies, meeting notes, performance metrics.
Ask for written reasons for any refusal (e.g., alleged undue hardship) and propose alternatives.
Check benefits: SIL, company sick leave, SSS Sickness Benefit, EC (if work-related), and PhilHealth coverage for treatment.

E. Where to file complaints (private sector)

SEnA (Single Entry Approach) at DOLE Regional Office: quick, informal mediation.
If unresolved: NLRC (illegal dismissal, constructive dismissal, money claims, moral/exemplary damages).
Commission on Human Rights (CHR): for discrimination/harassment complaints and assistance.
National Council on Disability Affairs (NCDA): for PWD-related discrimination assistance.
National Privacy Commission (NPC): for breaches of medical confidentiality.
DOLE Inspectorate/Regional Office: for OSH violations.

F. Government workers

Start with your agency HR/grievance machinery; escalate to Civil Service Commission (CSC); CHR can assist in discrimination issues.

5) Evidence that helps (and what employers should keep)

For employees:

Medical certificates with clear work restrictions and duration
Email trail of requests and responses
Performance records showing you can meet essential duties with accommodation
Notes of meetings, witnesses, and any discriminatory remarks/policies
Proof of adverse actions (write-ups, demotion, schedule cuts, forced leave, denial of benefits)

For employers:

Written job descriptions identifying essential functions
Records of the interactive process and all accommodations considered
Undue hardship analysis (costs, staffing, operational impact)
Legitimate, non-discriminatory performance metrics applied consistently
Data privacy compliance (access controls for medical files)

6) Special situations you should know

Pregnancy, maternity, and gynecologic conditions: Expanded Maternity Leave; accommodations for medical appointments; policies must avoid sex-based discrimination.
Mental health conditions: Employers should adopt a workplace mental health policy, provide support/referrals, and avoid discipline for conduct that is a manifestation of a condition without first exploring reasonable accommodation.
HIV and other stigmatized conditions: Mandatory confidentiality, no pre-employment or routine testing, and no discrimination in hiring, promotion, or termination.
Long COVID, cancer, diabetes, epilepsy, autoimmune disorders: Typically qualify as disabilities where accommodations are expected unless undue hardship applies.
Infectious disease outbreaks: Employers may adopt temporary medical protocols (fit-to-work exams, isolation), but actions must be proportionate, science-based, time-bound, and respectful of privacy and anti-discrimination rules.
Telework and flexible schedules: Can be a reasonable accommodation even if your company has a return-to-office policy—what matters is whether core duties can be performed without undue hardship.

7) Remedies and outcomes

Depending on the violation and forum, possible outcomes include:

Reinstatement without loss of seniority
Backwages and damages (moral/exemplary, attorney’s fees)
Separation pay in lieu of reinstatement (when relations are strained)
Administrative fines/penalties (e.g., under PWD, HIV, OSH, or data privacy laws)
Policy changes (adoption of accommodation and mental health policies)
Confidentiality directives and training orders

Prescriptive periods (rules of thumb):

Illegal dismissal: generally 4 years from dismissal to file
Money claims (wage/benefit differentials): 3 years from accrual
Unfair labor practice: 1 year (File sooner rather than later; different statutes may specify other timelines.)

8) Employer checklist (to stay compliant and humane)

Publish a reasonable accommodation policy and workflow.
Train HR/managers on the interactive process and data privacy.
Maintain confidential medical files separate from personnel files.
Identify essential functions of each role; plan light-duty options.
Consider remote/hybrid and flex-time playbooks.
Use objective performance metrics; avoid blanket “100% fit-to-work” rules.
For potential disease-based terminations, obtain the required public health certification and consider accommodations first.
Keep records that show good-faith efforts and undue hardship analysis if denying a request.

9) Red flags that often make a case stronger

Refusal to even discuss accommodations (“company policy says no exceptions”).
Medical disclosure to co-workers without consent.
Pretextual discipline soon after you disclose a condition or request accommodation.
Demotion or pay cut instead of trying reasonable adjustments.
Forced resignation or pressure to go on indefinite unpaid leave.
Termination for disease without a certification from a competent public health authority.

10) Quick templates

Accommodation request (employee)

Subject: Request for Reasonable Accommodation

Dear HR,

I am disclosing a medical condition that limits [brief effect]. My doctor recommends:
• [Restriction 1]
• [Restriction 2] (until [date])

I can perform my job’s essential functions with these accommodations:
• [Proposed accommodation]
• [Alternate option]

Attached is a confidential medical certificate. I welcome an interactive meeting this week.
Thank you.

Undue hardship analysis (employer)

Role: [Position]
Essential functions affected: [list]
Accommodation requested: [describe]
Operational impact: [coverage, workflow changes]
Cost (one-time/ongoing): [₱]
Available alternatives: [list]
Conclusion: [approve / trial / deny with reasons]

11) FAQs

Q: Do I have to disclose my diagnosis? No. Usually only functional limitations and duration are necessary. HR/clinic can privately review supporting documents.

Q: Can my boss ask for a second medical opinion? Yes, within reason; employers can require a fit-to-work/fitness assessment. For termination due to disease, the law requires a public health authority certification.

Q: What if there’s no vacant role for reassignment? Employers must consider reassignment but need not create a new position. If none exists and other accommodations fail, they must show why continued employment is not feasible.

Q: Can I record meetings? Follow company policy and local law; if you do, inform participants.

12) Action plan you can start today

Get a clear restrictions note from your doctor (with timeframe).
Send the written request proposing two or three workable accommodations.
Track all interactions and responses.
If refused, ask for the written basis (undue hardship, safety).
Consult with counsel or a labor relations officer if dismissal is threatened.
File SEnA for mediation; escalate to NLRC if needed.

Final note

This guide summarizes the prevailing Philippine framework through mid-2025. Individual situations vary; where stakes are high (dismissal, long-term disability, sensitive diagnoses), get tailored legal advice.