Unexcused Absence and Termination: When Is an Employee Considered AWOL

When an employee stops reporting for work without filing a leave application, employers face a difficult question: when does unexcused absence become a valid ground for termination? In the public sector, the rules are clear. A 2019 Supreme Court resolution, Re: Dropping from the Rolls of Laydabell G. Pijana (A.M. No. 18-07-153-RTC), explains exactly when an employee may be considered absent without official leave (AWOL) and separated from service.

The case involved a court sheriff who stopped reporting for work and never filed any leave application. The Supreme Court used this opportunity to restate the rules on AWOL and the process for dropping an employee from the rolls.

The Facts of the Case

Laydabell G. Pijana was a Sheriff IV at the Regional Trial Court of Tagaytay City, Cavite, Branch 18. Records from the Employees' Leave Division showed that she had not submitted her Daily Time Record (DTR) since March 1, 2018, and had not filed any application for leave. She was considered on AWOL starting that date.

The Office of the Court Administrator (OCA) investigated and found that Pijana was still in the plantilla of court personnel, meaning she was still considered in active service. However, she was no longer in the payroll, had no pending retirement application, and was not an accountable officer. Notably, nine administrative cases were pending against her.

The OCA recommended that Pijana be dropped from the rolls effective March 1, 2018, for being absent without official leave for more than thirty (30) working days. The OCA also recommended that her position be declared vacant and that she be informed of her separation at her last known address.

The Issue

The central question was whether Pijana could be dropped from the rolls for her prolonged unauthorized absence, and what procedure must be followed.

The Ruling

The Supreme Court adopted the OCA's findings and recommendations. The Court cited the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), which authorizes the dropping from the rolls of employees who are absent without approved leave for an extended period.

Under this provision, an official or employee who is continuously absent without official leave (AWOL) for at least thirty (30) working days may be dropped from the rolls without prior notice. The separation takes effect immediately. However, the employee has the right to appeal the separation within fifteen (15) days from receipt of the notice of separation, which must be sent to the employee's last known address.

The Court also cited the Omnibus Rules on Leave, as amended, which states that an employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on AWOL and shall be separated from the service or dropped from the rolls without prior notice.

Why the Court Upheld the Separation

The Court emphasized that prolonged unauthorized absence causes inefficiency in the public service. A court employee's continued absence without leave disrupts the normal functions of the court. It contravenes the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency.

By failing to report for work without filing any leave application, Pijana grossly disregarded and neglected the duties of her office. She failed to adhere to the high standards of public accountability imposed on all those in the government service.

Important: Dropping from the Rolls Is Non-Disciplinary

The Court stressed that dropping from the rolls is non-disciplinary in nature. This means that the separation does not result in the forfeiture of any benefits that have accrued in favor of the employee, nor does it disqualify the employee from reemployment in the government.

In Pijana's case, she remained qualified to receive the benefits she was entitled to under existing laws and could still be reemployed in the government. This was without prejudice to the outcome of the nine pending administrative cases against her.

Practical Takeaways

• The 30-working-day rule. An employee is considered AWOL and may be dropped from the rolls after being continuously absent without approved leave for at least thirty (30) working days.
• No prior notice required. Under the 2017 RACCS, the employer may drop the employee from the rolls without prior notice. The separation takes effect immediately.
• Right to appeal. The employee must be sent a notice of separation at their last known address. They have fifteen (15) days from receipt to appeal the separation.
• Non-disciplinary nature. Dropping from the rolls for AWOL is not a penalty. It does not result in forfeiture of benefits or disqualification from future government employment.
• Pending cases are separate. Dropping from the rolls does not erase or resolve other administrative or criminal cases pending against the employee.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.