Safety first

Dear Atty. Kathy,

Due to the habagat season last August, I was absent for a total of 8 days since I could not go to the office whenever the flood right outside our house is chest deep. I always sent a message to my superior in advance, with proof of the flood, and my superior would just reply “noted” each time. I was therefore surprised to receive a notice to explain, charging me with AWOL (absence without official leave), since I did not have any more available leave credits. Can I really be held responsible for my absences when it is not safe for me to even step out of the house because of the floods?

River

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Dear River,

Department of Labor and Employment (DoLE) Labor Advisory No. 14, Series of 2026 on Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences provides that if an employee fails or refuses to work by reason of imminent danger resulting from weather disturbances and similar occurrences, the employee has no liability for such failure or refusal to work, and the employee shall not be subject to any administrative sanction.

Based solely on your narration, your failure to report for work is due to the chest-deep floodwaters outside your house brought about by the habagat season. The dangers brought about by high floodwaters is a matter of public knowledge. Thus, as provided in DoLE Labor Advisory No. 14, Series of 2026, you should not be held liable for your absences due to such reason. It therefore follows that you cannot be subjected to any administrative proceedings for the said absences.

The most that can happen is you will not be entitled to your salary for the days you were absent, except when there is a favorable company policy, practice or collective bargaining agreement granting payment of salaries on such days, or when the employee is allowed to accrued leave credits, which is not applicable in your case.

Atty. Kathy Larios