Sick Leave in the Philippines: A Guide to Your Rights as an Employee

(SPOT.ph) Sickly or not, we could all benefit from knowing our sick leave rights well before experiencing a health hiccup. Getting clued up now means we'll know exactly what we're entitled to when we've got to take a step back to heal up.

Here’s the thing: the Philippine Labor Code has no specifications on sick leave benefits for employees. In fact, it is only requiring five days of service incentive leaves (SIL) for every one year of work, which can then be used for sick purposes.

However, it is a common practice among employers in the Philippines to offer sick leave as part of the employment contract or company policy, with the private sector usually offering 12 to 15 paid sick leaves upon regularization. For others, the number of days and whether they are paid or unpaid will vary.

“Sick leave is often considered a discretionary benefit, and it is not a mandatory requirement imposed by the government in many places. Employers may choose to provide sick leave as part of their benefits package, but the specific terms and conditions can vary widely between companies,” Senior Human Resources (HR) Specialist Geneliza Aguilar told SPOT.ph.

Also read: How Many Paid Leaves Are Workers Entitled to Under the PH Labor Code?

How can I claim a sick leave?

Being sick is rarely planned. Still, employees should make it a point to inform their employer about their sickness as soon as possible, ideally before the work shift begins. Some companies will also accept a mental health break as a legitimate reason to use sick leave.

“As long as the filed sick leave is approved by the immediate superior, there is no issue on our part. We understand the importance of providing employees with the flexibility to take sick leave when needed,” Aguilar said.

In some cases, a medical certificate may be required to claim sick leave for transparency, especially when the absences go beyond three consecutive days.

“This helps us validate the genuine need for extended leave and assists in maintaining a fair and consistent approach to leave management. Our primary concern is the well-being of our employees, and we strive to balance it with the operational needs of the organization,” Aguilar said, adding that employers have no right to deny an employee’s sick leave when evidence is presented.

Also read: Sick Leaves Are Your Right, Don't Feel Guilty Taking Them

What happens to my unused sick leaves?

There are several things that can happen to unused sick leaves: Companies will either convert the sick leaves to cash, carry over the remaining sick leaves to the following year, or simply forfeit the sick leaves. Ultimately, it will depend on the company policy, which is why HR representatives like Aguilar are always stressing the importance of reading these documents upon hiring.

“It's crucial for employees to familiarize themselves with their employer's policies regarding sick leave, as these policies are typically outlined in the employee handbook or company policies. Understanding the company's approach to sick leave ensures that employees are aware of their rights and responsibilities when it comes to taking time off due to illness,” Aguilar said.

It’s not uncommon for employees to choose money over health. According to a 2022 study by analytics company Milieu, 71% of employees in the Philippines choose not to take a sick leave even when feeling unwell for fear of work piling up or that it could pose a threat to their career progression in the long run.

However, Aguilar said using up sick leaves should not negatively impact an employee’s performance evaluation given that the reason for the leave is legitimate and that it does "not affect the employee's output, and they were still able to achieve performance targets."

What happens when I run out of sick leaves?

The Philippine Labor Law might be mum about the subject, but the Social Security System (SSS) has your back. In cases where an employee has exhausted all paid leaves, they can claim 90% of their regular salary from the SSS for the time being.

For companies like Aguilar’s, HR might also allow employees to use up vacation leaves before progressing to the SSS Sickness Benefit.  

To qualify for the SSS Sickness Benefit, an employee must be an SSS member and have paid at least three months of contributions within the 12-month period before the sickness. The employee must also have used up all company-provided sick leaves and cannot work for at least four days. Just let your employer know once it's time to use the Sickness Benefit, as they will be the ones to forward this notification to the SSS with the support of a medical certificate.

This benefit will be paid each day the employee is unable to work, including weekends and holidays, but only for a maximum of 120 days in one year. It is typically paid to the employer, who then disburses it to the employee.

Also read: Everything You Need to Know About Claiming Money From the ECC If You Get Sick