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Termination after Medical Leave of Absence

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1 Termination after Medical Leave of Absence on Fri Nov 14, 2014 7:33 am

agent orange


Arresto Menor
Hi, I've been employed as a call center agent since April 2014. Starting September I've been unable to work due to my medical condition and was advised to undergo major operation. I was permitted to be on medical leave of absence mid-september after providing medical documents. Two days after, I was scheduled to be admitted to undergo major operation. However, after being informed that my health insurance will not be able to cover for the entire hospital bill I declined to be admitted and decided to look for another hospital. I ended up going back to my home province to seek for financial aid and undergo the needed operation.
To make the long story short, when I reported back to work past mid-October I was advised that I was already attrited due to No Call No Show. My employer explained that they sent a Return-to-Work order to notify me on Oct 10 but I did not receive the notice they issued.
I was instructed to provide an explanation why I did not report to work when I came back to present my medical documents and fit to work. Although I was not given a Show Cause memo to respond to, I provided details from the date of my supposed admission until the medical operation was done and attached medical documents for reference. They scheduled for a hearing after a month from my return. I've explained that I was under the impression that I was on medical leave of absence, hence, the reason why I provided medical documents upon return. They questioned why I did not notify them of my status and I've explained that I was under the impression that I was on medical leave of absence and had major operation which would take a month.
During the scheduled hearing, which eventually turned out to be an argument, most of my explanation were being contradicted as if I intentionally planned to miss work and they clearly emphasized that regardless if i received the return to work order or not it remains that they have proof of sending it and me not responding to it
I was then advised to wait another week for their decision on the matter.
I hope you could advise me if I can file a case on this matter if ever their decision leads to termination of my employment.
Thanks in advance for your responses.

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2 Re: Termination after Medical Leave of Absence on Fri Nov 14, 2014 11:00 pm

attyLLL


moderator
their sending of a return to work order is not the end-all. the question here is whether you abandoned your job. based on what you said, it doesn't seem to be the case.


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agent orange


Arresto Menor
Thanks for the response atty.
In addition,the hearing wouldn't even happened sooner had I not mentioned that legal advice had already been sought. I waited for almost a month before they could schedule it, and Im. concerned that they'll have me waiting. for their notice of decision in the same manner.I feel that if I wasn't persistent requesting for an update from them,they would just leave me waiting until I give up on my case and to just find another job.

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agent orange


Arresto Menor
As expected, no update has been received relating to the notice of decision. i was advised to wait for a week but to no avail. The waiting game is tiring and it has been months since i've last earned from work.
I hope someone can help me with the procedures on how to file a case with NLRC. Do I need to get a lawyer before going to NLRC?
Your responses are greatly appreciated.

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5 Re: Termination after Medical Leave of Absence on Mon Nov 24, 2014 12:36 pm

myst01


Arresto Mayor
You can go directly to the nlrc po and file the case yourself without the intervention of a lawyer.

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sigmahr2015


Arresto Menor
May I ask if it is possible to terminate an employee because of medical condition which is treatable or has medicine maintenance. Based on the medical certificate that he has submitted, he is not allowed to work on a night shift and solvent free areas. however, all our workers are production workers are working on a shifting schedule and there are no other position where we can place him.

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council


Reclusion Perpetua
sigmahr2015 wrote:May I ask if it is possible to terminate an employee because of medical condition which is treatable or has medicine maintenance. Based on the medical certificate that he has submitted, he is not allowed to work on a night shift and solvent free areas. however, all our workers are production workers are working on a shifting schedule and there are no other position where we can place him.

Yes his employment may be terminated but the company may be liable to provide separation pay.

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