Employees are mandated to undergo annual medical examination to keep their health condition in check. However, there are instances when an employee suffers from an illness that may cause his employment to be terminated. Employers have the right to terminate an employee due to medical or health reasons. It does not happen in an instant without proving that the employee has already been examined and found to be unfit or unable to carry out daily duties.
How does employment termination take place on the grounds of ill-health?
• An employee will be subject for termination if his illness has been found detrimental to his job or that of his colleagues.
• If the disease has been found to be incurable after six months of proper medical treatment, the employment will be at risk of termination.
• Employment termination will also be given if the employee has already suffered from a disease.
Medical Examinations
Arrangements will have to be made if an employee cannot perform his duties due to illness. The supervisor will discuss the situation with the Human Resource Consultant and the employee will have to undergo medical examination to find out more about the illness.
There should be at least one month’s written notice prior to the medical examination and it should be completed within the same period. Once the result of the medical examination has been released, both the employer and the employee will get a copy of the report. The medical certificate is essential because this will be used as the basis for the employees’ status of employment if they have been diagnosed.
If employees are no longer advised to continue their employment, they must present a certification, which is signed by a public health authority or competent medical practitioner, stating medical reasons. The certification should include the stage of illness and the treatment that the employee has undergone.
A leave of absence will be taken if the employee’s ailment can be cured within the period of six months. Once the employee has nursed himself back to health and has been restored to his best health condition, he has the right to be reinstated to the position he previously held prior to taking the leave of absence.
You must also take note that disability differs from disease. Even if the employee has permanent disability, it cannot be used as a ground for employment termination. In fact, an employer can be charged for a criminal offense if a disabled employee has been terminated. Employers have no right to terminate an employee if the disease has just been suspected. There should be a concrete proof, duly signed by an authorized physician that the employee is already incapable of performing the duties.