Filing Complaint For Sick Leave

Summary

If your employer in the Philippines disregards your medical certificate and insists you work despite being sick, you can file a complaint with the Department of Labor and Employment (DOLE). Your previous late arrivals should not affect your right to file a complaint. Employers must respect your health condition, regardless of their operational needs. Consult a legal professional for personalized advice.

Full Conversation

Im in the Philippines
Hello ****, nice to meet you too. I understand you're in the Philippines. Could you please specify the legal issue you need assistance with?
I want to ask if i can file a complaint to DOLE if my employer still wants me to go to work even if i informed them that i’m sick and advised by a doctor to rest?
Hello ****. Yes, in the Philippines, you can file a complaint with the Department of Labor and Employment (DOLE) if your employer is not respecting your health condition. Here are the steps:
*. Get a medical certificate from your doctor.
*. Write a letter to your employer stating your condition and the doctor's advice.
*. If they still insist, you can file a complaint with DOLE.
What if they dont consider my medical certicate because our team’s showrate will fail and our manager might not be qualified for incentives
If your employer disregards your medical certificate, it's viewed as a violation under the Philippines' Labor Code. Here are your options:
*. File a complaint with DOLE.
*. Seek help from a labor union if applicable.
*. Consult with a legal professional to explore further actions.
Will it be okay if i have lates on my previous schedule work? But this is the first time i’m absent and its because i am really sick
Under the Philippines' Labor Code, being late previously shouldn't impact your right to sick leave. However, it can affect your standing with your employer. It's crucial to communicate with them about your situation.
What will happen if i file a complaint and i have previouse late on my work?
Your previous late arrivals at work will not affect your complaint to DOLE about your current health situation. It's important that your rights to health and safety at work are respected, regardless of past tardiness.
I see. So just to confirm, i can file a complaint regardless of what the findings in my laboratories as long as my employer disregards it?
Yes, ****, in the Philippines, you can file a complaint with DOLE if your employer disregards your health condition, regardless of your laboratory findings. Your health situation must be respected in the workplace.
Thank you so much.
You're welcome, ****. Should you need any more information or have any more questions, feel free to ask. Take care of your health.
Hi i have additional question
Of course, ****. Please feel free to ask your additional question. I'm here to help.
What if my employer says that they just did it because its my obligation to attend my work schedule and its the only option to passed our team’s showrate
Even if your employer argues that your attendance is crucial for the team's showrate, they cannot disregard your health. If you have a doctor's certificate stating you're unfit for work, they must respect it. If not, you can file a complaint with DOLE.
Will it affect my complaint?
The employer's justification will be considered, but it doesn't negate your right to a safe and healthy work environment under Philippine law. Complaints are examined on a case-by-case basis, so it's hard to predict the exact impact. You're advised to consult with a legal professional for personalized guidance.
Alright thank you
You're welcome, ****. Don't hesitate to reach out if you have more questions in the future. Take care and prioritize your health.