Dear Atty. Peachy,

I work for a small company in Pasay. Last month, I was absent for five consecutive days because I was hospitalized due to dengue. I informed my supervisor and submitted a medical certificate when I returned. A week later, I received a notice stating that my absences were considered unauthorized and that management was terminating my employment for “habitual neglect of duties.” I was surprised because this was my first disciplinary issue in almost seven years of service. Can an employer legally dismiss an employee for absences caused by illness? What rights do I have if I believe the dismissal was unfair?

Joyce

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Dear Joyce,

An employer is not automatically allowed to dismiss an employee simply because the employee was absent due to a legitimate illness.

Under the Philippine Labor Code, an employee may be dismissed only for a just cause or an authorized cause recognized by law. “Habitual neglect of duties” is a just cause, but the neglect must generally be both gross and habitual. A brief period of absence due to a documented medical condition does not ordinarily fit that description.

The Supreme Court has repeatedly held that for neglect of duty to justify dismissal, it must be serious and recurring, not merely an isolated incident or a short lapse. An employee’s long years of satisfactory service are also factors that may be considered in determining whether dismissal is too harsh a penalty.

Moreover, even when an employer believes there is a valid ground for dismissal, it must still observe procedural due process. This usually includes giving the employee written notice of the charge, an opportunity to explain or defend himself, and a subsequent notice informing him of the employer’s decision.

Based on your letter, several circumstances may support your position:

(1) Your absences were allegedly caused by a medically documented illness.

(2) You informed your supervisor and later submitted a medical certificate.

(3) You have no prior disciplinary record during nearly six years of employment.

(4) The absences lasted only a few days.

These facts could raise serious questions as to whether there was a valid ground for termination and whether the penalty imposed was proportionate to the alleged offense.

If you believe you were illegally dismissed, you may consider filing a complaint before the National Labor Relations Commission, where the legality of the termination can be examined based on the evidence presented by both sides.

Atty. Peachy Selda-Gregorio