Unfortunately, January 2017 I was diagnosed suffering from hypertension 1. I filed my SSS sickness notification the next following days and also informed the company. Later on, around second week of January 2017, after taking medication and rest I was given a fit to work notice by the doctor.
January 23, 2017, I returned to work sadly the next day my BP spiked up again because the nature of our work is night shift. I was not able to work again and notified the company and filed another SSS sickness notification since my leaves are already exhausted. I was advised by the doctor to rest again and do a BP monitoring.
February 3, 2017, I consulted back again with the doctor and was advised that I am now suffering stage 2 hypertension and would need to avoid night shift from work. I informed the company about this situation. February 6, 2017 I personally went to the office to speak with my supervisors and manager, I personally informed them about my situation and I was advised that I cannot be permitted to have any leave of absence since hypertension is not a valid rwadon to take LOAM or leave of absence medical in my company's vocabulary. I also showed them an SSS EC form B300 with the doctors findings and recommendation and they said they do not need any copy.
I went home that night not knowing what to do next, next morning I drafted my resignation letter. I also searched online about articles on resignation, I found that based on labor law my condition in my understanding can be a just cause and I will still have separation pay if I resigned.
February 7, 2017, I submitted my resignation letter and the company accepted it, though I indicated that I will not be taking the 15 day company policy since the doctor advised to avoid night shifts from work. February 8, 2017, I processed my clearance and was cleared.
After a few weeks I received my final pay amounting to 2,500 pesos. I asked them where is my separation pay and to provide me an update about my SSS sickness reimbursement whick I submitted tk them Janjary 6, 2017, they responded a week later since the only way communicating with the company's HC or human capital is through email.
In their response, it was not clear that they provided me my separation pay and they only stated that, that my final pay was already processed and was sent to my payroll atm. I again questioned them about my separation pay and update on my SSS reimbursement. Again after a few days I received an email stating that since I am separated from the company, I should be the one to process my SSS claim. After reading that, in my frustration I vented out on my email to them and asked for all the documents that I submitted to them be returned as soon as possible so that I can process it myself. After a few days a representative from the company called, she advised that she will be taking a look on my concern and get back to me again after two days she called back again and was advised thag I am not entitled to a separation pay and that I can get the documents back on their lobby. She also advised that I can file any cases if I wanted to but their decission is final and was approved by their legal team.
Frustrated, I went to their office to get the documents but before leaving I inspected the contents, I jnformed the security personnel that some documents are not yet returned and what they provided is incomplete. After further inspection I also noticed that they processed my sickness claim February 26, 2017 as the stamps indicated, initially I submitted it to them January 6, 2017.
I contacted them again through email and told them my dilema, I advised that I need the original Medical Certificate stating to avoid night shift from work. After a week a representative called me and I advised that I need the original Medical Certificate for my files and so that I can also file the extension of my sickness reimbursement, she advised that she will coordinate with their staff to have the documents prepared. After another week March 28, 2017, I received an email stating to pick up the documents after 5 days which they sent to the Cainta site.
April 4, 2017, I received duplicate copies of my initial documents and the medical certificate containing the doctor's advise to avoid night shift from work is not given back.
I want to ask if I am eligible for a separation pay? And can I file a case againts the company for not providing me back the original documents that I sent to them? I cannot process the extension of my sickness reimbursement without that medical certificate, this situation gave me so much stress and inconvenience and I really need help.
I hope to hear from you. You may also reach me at 09953171704