No Time to Heal: When Terminating Sick Workers Breaches Labor Law

In Philippine labor law, the constitutional guarantee of security of tenure under Article XIII, Section 3 of the 1987 Constitution and Article 279 of the Labor Code ensures that no employees shall be dismissed from service without just or authorized cause and without observing due process. While illness may be considered an authorized cause for termination under Article 284 of the Labor Code, this is not a blanket justification. Employers must comply with strict requirements before lawfully terminating an employee’s illness must be certified by a competent public health authority as one that cannot be cured within six months even with proper medical treatment, and that continued employment is either prohibited by law or prejudicial to the employee is either prohibited by law or prejudicial to the employee or co-workers. Absent this certification, any termination on the ground of illness is invalid.

Moreover, procedural due process must still be observed. The employer must provide the employee with two notices. First, a written notice specifying the grounds for dismissal, and second, a notice of termination after the employee has been given an opportunity to respond and be heard. These procedural requirements are mandatory, and their absence renders the dismissal illegal even if the cause appears to be valid.

An illustrative scenario would be an employee, Jessica, who suffers from tuberculosis and is terminated after three months of medical leave, with no prior notice and no certification from a public health authority. The employer’s justification that Jessica’s continued employment was a risk to others would not suffice under the law. Without the proper medical certification and procedural compliance, the termination is deemed illegal, entitling Jessica to reinstatement or separation pay, back wages, and damages.

In conclusion, terminating employees due to illness must not only be medical and legally justified but must also strictly comply with both substantive and procedural due process. The Supreme Court has consistently ruled that employers must read cautiously in these cases, as failure to comply with the requirements renders the dismissal and statutory rights. Employers must remember that law protects not only the right to work but also the dignity of workers who fall ill and deserve both compassion and justice.