Policy on the Simultaneous Granting of Sick-Leave Benefits and EC Disability Benefits in the Private Sector

March 11, 2013ECC REFERENDUM RESOLUTION NO. 13-03-06POLICY ON THE SIMULTANEOUS GRANTING OF SICK-LEAVE BENEFITS AND EC DISABILITY BENEFITS IN THE PRIVATE SECTORWHEREAS, P.D. No. 626, as amended, is a social legislation with the primordial purpose to provide meaningful protection to the working class against the hazards of disability, illness and other contingencies resulting in the loss of income (ECC vs. Sanico, G.R. No. 134028, Dec. 17, 1999); WHEREAS, Article 173 of P.D. No. 626, as amended, partly provides:"ART. 173. Extent of Liability. — Unless otherwise provided, the liability of the State Insurance Fund under this Title shall be exclusive and in place of all other liabilities of the employer to the employee . . ." (emphasis and underlining supplied)WHEREAS, the existing rules do not provide clear guidance on the granting of simultaneous sick-leave benefits and EC disability benefits in the event that the concerned employee has sick-leave benefits which are provided by his employer;WHEREAS, SSS presently implements the practice of granting EC disability benefits to qualified employees regardless of whether they can still avail of...