Dear PAO,

Last year, I was diagnosed with multi-drug-resistant tuberculosis. My doctor told me to slow down and get some rest because my body is quite weak. When I informed my employer about my current condition, he told me I would be terminated from work. Can I be legally terminated right away because of my condition?

Alex

Dear Alex,

Please be informed of Article 299 of the Labor Code, which states that:

“ARTICLE 299. 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.”

However, Section 8, Book Six, Title I, of the Omnibus Rules Implementing the Labor Code sets out the requirements in order to validly terminate an employee on the foregoing ground, to wit:

“SECTION 8. Disease as a ground for dismissal. – Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment unless there is a certification by competent public health authority that the disease is of such nature or at such a stage that it cannot be cured within a period of six (6) months even with proper medical treatment. If the disease or ailment can be cured within the period, the employer shall not terminate the employee but shall ask the employee to take a leave of absence. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health.”

Based on the above-stated laws, termination due to disease occurs when an employee is discovered to be suffering from any disease whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his coworkers and a competent public health authority certifies that the disease is incurable within six months even with proper medical treatment.

In your situation, a competent public health authority must first certify that your disease is of such kind or in such advanced stage that it cannot be cured within six months of effective medical care before you can be lawfully terminated. Otherwise, if the disease can be cured within six months or if there is no certification from a competent public health authority that you will not be cured within the said period, then the termination will become illegal.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Question for Chief Acosta may be sent to [email protected]