Book VI — Post-Employment
Article 284Disease as ground for termination.
ELI5— what this means for you
An employer may terminate for a disease ONLY if continued employment is prohibited by law or is prejudicial to other employees' health — AND the employee must be paid separation pay. You cannot simply be fired for being sick.
Key point
Disease-based termination requires a medical certificate AND separation pay.
Official text — PD 442
Disease as ground for termination.
An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
Source: lawphil.net (PD 442 as amended)
Related guides
RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.