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Absent due to sick 3yr old child

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1 Absent due to sick 3yr old child on Thu Jul 12, 2018 7:39 am

Marysan05


Arresto Menor
Hi atty, Hi all
Nag wowork ako sa company ko ngayon for 1 yr na, was absent thur, Fri and mon. Notified si supervisor ko everyday, I also sent her a medcert thru chat. Then I was on bday approved leave for a good 4days. I got 2 rtwo from the company stating awol or absence without proper notice which is not true. Nag chat kami ng sup ko sabi niya basta bumalik daw ako ng monday, ok na yung rtwo. My company requires us to notify immediate supervisor plus call workforce atleast 2hrs before start of shift pag mag aabsent. I failed to call workforce for the days i was out but my supervisor is well notified. Now, I came back to work the ff Monday, then come Wednesday, inescalate ako ng sup ko for Ncns/Unapproved absence for 3 days. Then may hearing ako for suspension. Sabi din ng sup ko, absence due to child care is invalid. My 3yr old child had hand foot and mouth disease so fever, mouth sores, hand and feet sores and nangyari sa kanya on top of that may asthma. My question now is, may Laban ba ko if I file a complaint sa nlrc and saan ito mag fafall? Maraming salamat po sa sasa got.

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2 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 7:56 am

Patok


Reclusion Perpetua
You failed to call before your shift kaya ka nila ni tag as absent.. kung tumawag ka di wala sanang problema..

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3 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 8:01 am

Marysan05


Arresto Menor
Thanks for your feedback. It is also an option to tag yourself absent using an app which I did. But my absences are considered unapproved/unexcused because it's due to childcare which they say is an invalid reason.

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4 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 8:53 am

lukekyle


Reclusion Perpetua
as far as i know they are right sickness is only valid if you yourself ang may sakit.

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5 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 9:04 am

Marysan05


Arresto Menor
Thanks for the feedback. So what happens to Child and Youth welfare code of the Philippines?

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6 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 9:33 am

lukekyle


Reclusion Perpetua
what do you mean what happens? Its was already enacted in 1994.

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7 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 9:54 am

Marysan05


Arresto Menor
Is our kids sickness or medical needs not a valid excuse for absence?

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8 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 10:02 am

lukekyle


Reclusion Perpetua
as far as i know it is not. But you can check with DOLE just to be sure

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9 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 11:31 am

Marysan05


Arresto Menor
Another question if I may. Say I was out for 10 consec days due to sickness, got 3 rtwo's, did not present myself to the office to explain myself but sent medical certificate as proof that I needed to rest, but still got terminated due to awol or unapproved absence. Does this fall under illegal termination? The reason I'm asking is because based on the rtwo, if I fail to communicate with them within 5 days from the receipt of the rtwo, my employment will be terminated. (Provided I'm notifying timely, sent medical certificate and still have leave credits.)Thanks in advance

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10 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 12:50 pm

Patok


Reclusion Perpetua
illegal termination if they don't follow the 2 notice rule.

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11 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 3:54 pm

lukekyle


Reclusion Perpetua
rtwo and termination letter fullfills the twin notice rule

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12 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 4:01 pm

lukekyle


Reclusion Perpetua
reply ka within the five days. if you are unable to do so at least send a letter or a representative to tell them so. ang assumption kasi is if hindi ka nag reply within 5 days that you are no longer interested in continuing your employment with them

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13 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 6:18 pm

Marysan05


Arresto Menor
Ok got it. So pag nag reply or send ako ng rep, after the 2 rtwo. But they still terminated me, is it valid?

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14 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 7:09 pm

lukekyle


Reclusion Perpetua
if you did it beyond the 5 day period, you have to show that it was impossible for you to reply. eg you were in the hospital and you dont have any family who can call or them that you were incapacitated

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15 Re: Absent due to sick 3yr old child on Thu Jul 12, 2018 7:11 pm

lukekyle


Reclusion Perpetua
if you cannot show that then terminated is valid. your only recourse would be to reason out that termination is too harsh.
did you even try reasoning with them?

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16 Re: Absent due to sick 3yr old child on Fri Jul 13, 2018 8:10 am

Patok


Reclusion Perpetua
if you are terminated and you feel that it was invalid, you can go to NLRC and file a complaint.

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attyLLL


moderator
prepare all your documentation that your child was sick along with your evidence that you followed the call-in procedure of the company. that should be the basis of your defense against the NTE. if they consider it invalid, you can file a complaint at dole or nlrc


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