Dear Atty. Joji,

Due to the recent typhoon, I was forced to take a two-day leave because of the severe weather conditions and flooding in our area. When I returned to work, I received a memo for being absent without leave. Can I be suspended for failing to report to work because of the typhoon?

Sao

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Dear Sao,

Labor Advisory No. 17 Series of 2022 signed on 23 August 2022 made clear that employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction.

Moreover, as provided under Republic Act 11058, workers have the right to refuse work if it would endanger their life, safety, and health. Republic Act 11058 otherwise known as “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” mandates that employers are responsible for ensuring safe working conditions for their employees. In situations involving severe weather, such as a typhoon, commuting to work and/or working under such weather conditions could be considered hazardous.

Although RA 11058 does not explicitly mention leave policies for natural disasters, it strengthens the position that workers should not be forced into unsafe conditions that may put their health at risk.

However, while there are no sanctions for employees who refused or failed to work under such conditions, please be advised that the “no work no pay” rule still stands.

Hope this helps.

Atty. Joji Alonso