Workplace & Labour Rights

You Were Absent — You Are Dismissed

Q: The absences were excessive, even if some were covered by certificates, they disrupted operations.

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Q: You were still in the probationary period, so no severance is owed.

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An employer dismisses an employee for being absent while on certified sick leave

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The Situation

What They Said

“You have been absent too many times. We cannot keep someone who is not here — you are dismissed.”

An employer dismisses an employee for absences that were covered by a valid medical certificate or that occurred during a period of sick leave to which the employee was legally entitled. The employer does not distinguish between lawful sick leave absences and unauthorised absences.

The Fallacy

Conflating Authorised Absence with Misconduct

The employer treats all absences as equivalent and punishable, without distinguishing between lawful sick leave (a statutory right) and unauthorised absence (a potential disciplinary matter). Dismissing an employee for exercising a statutory right — sick leave — is not disciplinary action for misconduct. It is an attack on the right itself. The law provides specific protections against this: dismissal during or because of sick leave may be automatically unfair.

What the Law Says

Your Legal Foundation

Ley de Contrato de Trabajo

art. 245 de la Ley de Contrato de Trabajo — Unjustified dismissal compensation

“In cases of dismissal by the employer without just cause, whether or not prior notice was given and after the probationary period has elapsed, the worker must be paid compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months, based on the best monthly, normal and habitual remuneration earned during the last year or during the period of service if shorter.”

The employer dismissed the employee for absences that were covered by valid medical certificates or during legally entitled sick leave. Such absences do not constitute just cause for dismissal, so the dismissal is without just cause, and the employee is entitled to severance pay under Article 245.

What Scripture Says

God's Word on This

Matthew 25:36 (NET)

“I was sick and you visited me, I was in prison and you came to me.”

Scripture treats care for the sick as a moral obligation — not a weakness to be penalised. An employer who dismisses a sick employee rather than showing basic human consideration is acting in direct opposition to what Scripture models as righteous conduct toward the vulnerable. The law, by requiring investigation before dismissal for incapacity, encodes the same principle: the sick person is not simply a liability to be removed.

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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “The absences were excessive, even if some were covered by certificates, they disrupted operations.”

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They might say: “You were still in the probationary period, so no severance is owed.”

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