Sick Leave Policy in Relation to Discipline
Sick leave is not provided in the Labor Code. There is a five-day service incentive leave in the Code however, that the employee can use where he can be permitted for his absence.
Just like in all other cases of absence, there are two implications if it occurs not in accordance with the policy. First implication is economic which means salary deduction or no salary during the time of unauthorized absence. The second is disciplinary which means that in addition to having no pay the employee should answer administratively for violating the policy.
Most companies implement only the economic aspect until such time that the management realizes that the employee has become abusive and needs to be terminated. The employer would recall the instances of unauthorized absences but could not find a single record of citation in the 201 file.
Often, the neglect to discipline is due to lack of good policy on the matter.
Below is a sample policy correlating sick/ emergency leave with discipline based on the book How to Design and Formulate Company Code of Discipline (pp. 60-62) by Atty. Villanueva.
Employees who have rendered at least one (1) year of service shall likewise be entitled to ten (10) days sick leave (SL) and five (5) days emergency leave (EL).
The sick leave benefits shall be available only during medical emergency while the EL shall be available only during natural calamity such as fire, flood, typhoon, etc.
Employees cannot use VL credits for absence due to sickness or emergency and vice versa.
Employees who cannot report for work due to illness or medical emergency shall notify the immediate superior or HR not later than 12:00 noon of the day of absence either through text, email, or social media account.
Only notification made through duly declared and registered mobile phone, email account or social media account with HR shall be considered as valid notification. Notification made through the mobile phone of the spouse or parents of employees shall be considered as well provided these are registered with HR.
It is the responsibility of the employees to update their personal records with HR including changes in their mobile phone numbers including that of their family members. Notifications made through unregistered accounts shall not be considered valid notification.
Employees who are absent due to sickness or medical emergency shall produce a medical certificate if absence exceeds one (1) day. The medical certificate shall contain the following basic information:
Name of hospital/clinic/medical institution
Name of Physician
Date of visit Findings/Diagnosis
Prescription,
Address and contact details of the physician, clinic/hospital, etc.
Employees who have validly availed of the sick leave credits shall fill out the leave form upon return to work for approval of the immediate superior or department head and submit to HR for processing. Medical certificate, where applicable, shall be included in such leave application.
Approval of such leave shall be at the discretion of the management. Unapproved sick leave shall be considered absence without official leave (AWOL) and the employee shall suffer the corresponding salary deduction or non-payment and disciplinary sanction on AWOL.
Likewise, medical certificates that cannot be validated due to wrong information shall result in immediate denial of leave application and the employee shall be deemed on AWOL with the corresponding consequences.
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