Dear Atty. Angela,
I am a store owner and I have a staff who continuously absents herself without any permission. The first time, she just sent a text message that she was sick and will be absent for 2 days. I accepted her explanation even when she did not submit a medical certificate. The second time, she did not report for 3 days straight and I gave her a written warning not to repeat it. Now, she has been absent for 5 days without any notice. It has been affecting our sales operations as I only have few employees. Can her recent absences be the basis of a valid dismissal?
Anette
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Dear Anette,
An employee's absenteeism has serious adverse effects on the business of the employer. The employee is considered Absent Without Leave or AWOL when absent from work without informing the employer and without a valid reason for an extended period. Thus, when such amounts to gross and habitual neglect of duty, absenteeism may be a ground for dismissal under just cause.
Prior to the issuance of a decision of dismissal, you will have to issue a Notice to Explain to give the employee an opportunity to explain herself why she should not be dismissed due to AWOL. There must also be a directive to report back to work in addition to the request for written explanation.
Under the Labor Code, continuous absences and refusal to abide by Management's directive to report for work, are tantamount to Gross Negligence and Willful Disobedience which are grounds for the termination of one's employment.
Failure of your staff to report back for work upon receipt of the Notice will be construed as a waiver of her right to be heard and the Company shall decide the matter based on records and evidence at hand. Likewise, if there is no valid excuse for her continued absences without leave, there is sufficient basis to dismiss her from employment.
Atty. Angela Antonio
