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Sick Leave and work shift

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1 Sick Leave and work shift on Fri Sep 09, 2016 10:48 am


Arresto Menor
Dear Sir / Madam,

I would like to consult my current situation with you. I have been out sick for four months due to my cardiovascular/pulmonary condition. I initially applied for a extended sick leave which my company provides for serious illnesses which persist beyond 15 working days, the Company may at its discretion and based on the certification of the company doctor, allow extended leave up to 3 calendar months on full pay and a further 3 calendar months on half pay. The extended sick leave is not allowed for self-inflicted injuries/ailments, social diseases or in instances where the employee is grossly negligent or culpable.

I was diagnosed with diastolic imaprement with hypertension correlated with bronchial asthma. I was denied of my request despite all of the test results and documentation we have provided from doctors. Even a 3rd party Doctor that the company doctor recommended as to avoid any bias or conflict of interest. Because of this, I did not get any pay for August and will also get very minimal pay for the next 4 months as my leave without pay have been filed from April to July. Aside from this, all 6 of my doctors recommend that I should be on a day or midshift(at least) as it would be healthier for me. The company Doctor still deemed me fit to work for night shift, despite all the advise from the specialists. I have asked my line manager if I can apply to another role that is on day/mid shift within our company and they said that I still need to get recommendation from our company Doctor.

I'd like to consult if what they are doing is right. I'm already at the lowest point wherein I will not get any pay, I have a family to feed, bills to pay and have to sustain my medication as well. Given the condition that I have I wanted to look for another job within the company so I can be productive and healthy at the same time. I don't want to compromise my health and I'd rather not leave the company as well as I know I have my rights as an employee. And I have a basis to move roles and it's not just because I want to, it's because of my health and there are doctors' recommendation too.

Appreciate if you can help me with this concern. Do I have a basis to file a complaint against my company?

Thank you very much!

Kind regards,
Paul Anthony Sanchez

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2 Re: Sick Leave and work shift on Fri Sep 09, 2016 11:42 am


Reclusion Perpetua
If you can prove malice on the part of the Doctor and/or the Company (which is very hard considering that your condition is only related to asthma and that your shift schedule is NOT attributable to your condition) then you can file for 'Constructive Dismissal", if not then you have no basis to file a complaint.

I'm not a doctor, but i believe an employee's shift schedule is NOT a factor which can affect an employee's asthma condition. Environment is a major factor that i know that can affect an asthma NOT a person's shift schedule.

Just resign if you cannot handle your work.

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3 Re: Sick Leave and work shift on Fri Sep 09, 2016 12:06 pm


Arresto Menor
Thank you for answering my question and your sympathy. But as I have mentioned above I was diagnosed with DIASTOLIC IMPAIRMENT WITH HYPERTENSION CORRELATED WITH BRONCHIAL ASTHMA. Meaning my heart has difficulty relaxing causing difficulty of breathing and chest pain which also triggers asthma. I was also recommended to undergo sleep testing for sleep apnea which can be the root cause of the previous diagnosis. Given this, do I have a basis filing for complaint other than "Constructive Dismissal"?

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4 Re: Sick Leave and work shift on Fri Sep 09, 2016 12:35 pm


Reclusion Perpetua
Based on your story, NONE. I don't see any wrongdoing done by your employer, so have Cause of Action against them.

For instances like this, the Labor Code has recommended an action for employees... and that RESIGNATION.

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