Sick Leave Used Up but Still Not Well: How to Request Unpaid Leave Without Being Marked AWOL

The short answer: written request, medical certificate, written reply

Using up paid sick leave does not mean you must go back to work, but it also does not mean you can decide alone to keep resting. The key is to turn the absence into a recorded request and approval. Once paid sick leave is exhausted, whether that is statutory service incentive leave or a company sick-leave allowance, you can still ask to extend your leave, most commonly as unpaid sick leave. The company may approve it or ask for more information, but it should not ignore a genuine illness.

Why writing matters:

• Findings of unauthorized absence or abandonment turn on whether the employee was absent without justifiable reason and whether they intended to give up the job. A timely written request with a medical certificate is direct evidence of a justified absence and of no intention to leave.
• If the company later proposes dismissal because of prolonged illness, what you can claim depends heavily on how complete your records are for this period.
• Claiming social security sickness benefits also requires leave and medical records that match.

Prepare three things first: a request that describes your condition in general terms, without unnecessary private detail, and gives an expected return date; a signed and stamped certificate from your doctor; and a contact method plus a reasonable deadline for the company to reply. Decisions about your condition and treatment remain your doctor's to make in person. If your condition changes, update the company in writing with a fresh certificate rather than letting the original dates lapse silently.

How to write the request: content, recipients, timing

Ask for the extension before your paid sick leave runs out, and send it to your direct manager and HR, keeping a copy for yourself. The request should state:

1. The dates of your current leave and the date paid sick leave is expected to run out.
2. The further rest period recommended by your doctor, as stated on the certificate, or your next appointment date.
3. The type of arrangement requested: extended sick leave without pay, reduced hours, or work from home if the role allows.
4. How you can be contacted during leave and how your work will be handed over.
5. A request for a written reply within a reasonable time.

Send it through company email or the HR system where possible, and keep screenshots of any messaging. If you are too unwell to write it yourself, a family member can submit it with a short note of authorization.

Attach only the medical documents that are needed and share diagnostic detail as required. If the company asks for fuller medical records, ask what they are needed for and request that they be kept under privacy rules. For leave related to anxiety, depression or work stress, see sick leave for anxiety or depression. If you are unsure how much paid leave you have left, ask HR for a written leave balance before you send the request, so the dates you give are accurate.

A short, factual request is better than a long explanation. Managers read many messages; one that states the dates, attaches the certificate and asks a clear question gets answered faster than an emotional account of how difficult things have been. You can explain more in a call, but the written request should stand on its own.

Three kinds of reply, and how to respond to each

Whether the company approves, refuses or asks you to return, the principle is the same: answer in writing.

• Approved unpaid leave: confirm the approved dates, whether your position is held for you, and whether a "fit to work" certificate is needed before you return. Keep the approval email.
• Refused, with a demand to return on time: reply in writing with your doctor's advice, ask the company to explain its reasons, and propose alternatives such as a shorter leave, part-time work or a temporary change of duties. Until it is resolved, keep communicating; the worst position is neither working nor responding.
• Asked to see a company-appointed doctor: you can generally cooperate, and keep both doctors' opinions. If they disagree, keep every record for any later complaint.

If the company starts a disciplinary process, for example by issuing a notice asking you to explain your absence, reply in writing within the deadline, explaining that you applied for leave properly and attaching the evidence. See how to answer a notice to explain, and for the conditions for a lawful health-related dismissal, see dismissal due to illness. A refused request for family emergency leave follows similar logic; see when leave is refused.

Whatever the reply, note the date you received it and how. If the company changes its position later, for example approving leave by chat and then treating the absence as unauthorized, the dated record shows what you were told and when. Ask for any verbal approval to be confirmed by email; a polite one-line request such as "Could you please confirm this in writing for my records?" is usually enough. If no reply comes by your deadline, send a short follow-up and keep that too.

Money during unpaid leave: benefits, health cover and other sources

The company does not pay wages during unpaid leave, but you may be able to claim social security sickness benefits. Check the details with the company and the agency early. Points to confirm:

1. Social security sickness benefit: whether you qualify, the notice deadlines, and whether the employer advances it or you claim directly, all according to the agency's current rules. For claiming on your own, see how employees claim the SSS sickness benefit.
2. Health cover and company insurance: whether group insurance or the company health card stays active during unpaid leave, and who pays the premiums. Ask for a written answer.
3. Contributions: how social security contributions are handled during unpaid leave, so gaps do not affect future benefits, according to the agency's rules.
4. Extra company benefits: some employers offer long-term sickness support or welfare funds; check the handbook.

Keep all of this in writing. If money issues cannot be resolved, consider DOLE's single-entry approach conciliation first; see preparing for SEnA conciliation day. A short summary table of what you have applied for, when, and what reply you received will make any later discussion much easier.

Ask HR for a written statement of what the company will and will not continue during unpaid leave: pay, allowances, insurance, contributions and any loan deductions. Surprises usually come from small items, such as a salary loan deduction that continues while no salary is paid, so having the list in writing early avoids disputes later. If you are the main earner in your household, plan for the gap in income from the first week rather than waiting for the benefit decision.

Foreign employees: do not miss visa and permit dates

For a foreign employee on long leave, the visa and work permit keep running on their own dates. Confirm the renewal plan with the company before they expire. Common risks:

• The visa or work permit expires during leave and the company has not started renewal.
• Renewal requires personal appearance or documents, and the employee is too ill to go.
• The company decides not to continue sponsoring because of the long leave but does not say so in writing, leaving the employee unaware of a gap in status.

What the employee can do: ask the company in writing about its renewal plans for the visa and work permit; if personal appearance is required and health does not allow it, ask the company or its agent to confirm with the Bureau of Immigration whether the appointment can be moved or handled by someone else, according to current requirements; and if the company says it will not renew, ask for written notice and leave yourself time to downgrade, transfer or depart.

For how employers approach renewals during long sick leave, see 9G renewal during long sick leave. We can also map the visa dates for you; see our visa and HR services. Keep copies of your passport, visa and ACR card pages at home so the paperwork can continue even if you are hospitalized.

Keep the employer informed of any hospital admission or change in your expected return date, because these affect what can be filed and when. A single updated email to HR is enough, and it creates a record that you kept the sponsor informed throughout your leave.

Returning or leaving, and how Yixing can help

Return as agreed once you recover. If you expect a long absence, discuss it with the company in writing instead of letting it slide into silence. On return, provide a "fit to work" certificate if requested, and confirm the return date and role in writing. If you need adjusted duties or hours, attach the doctor's recommendation.

If you cannot return for a long time, discuss with the company how long the position can be held, whether to separate for health reasons, and what final pay and documents will be provided. For what an employee can claim when leaving or dismissed for health reasons, see claims after a health-related dismissal; for final pay items, see final pay and separation pay. Read any separation document carefully before signing and consult a lawyer if needed.

What Yixing can do: map visa and work-permit dates for foreign employees and prepare renewal, downgrade or transfer filings, and advise employers on sick-leave policies in the handbook. Yixing holds SEC registration (CS202009551), Bureau of Immigration accreditation (BI Accreditation No. CA-202624381-1, valid to 2027-06-30) and DOLE accreditation. See our visa and HR services. Medical decisions belong to your doctor, and labor disputes should be taken to a licensed lawyer.

This is general information, not legal advice. For your specific case, consult a licensed Philippine lawyer. Yixing is a private consultancy with no affiliation with any government agency.

Whichever path you take, ask for a certificate of employment and confirmation of your leave history before you leave or as soon as you return. These two documents are routinely requested by future employers, insurers and, for foreign employees, by immigration offices.