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Absent due to sick 3yr old child

4 posters

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1Absent due to sick 3yr old child Empty Absent due to sick 3yr old child 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.

2Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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..

3Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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.

4Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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.

5Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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?

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

lukekyle


Reclusion Perpetua

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

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

Marysan05


Arresto Menor

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

8Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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

9Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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

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

Patok


Reclusion Perpetua

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

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

lukekyle


Reclusion Perpetua

rtwo and termination letter fullfills the twin notice rule

12Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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

13Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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?

14Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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

15Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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?

16Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child 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.

17Absent due to sick 3yr old child Empty Re: Absent due to sick 3yr old child Tue Jul 17, 2018 6:24 am

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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