Unexcused Absence: Supreme Court Upholds Dismissal for Employees Absent Without Leave

The Supreme Court recently reminded all government employees that prolonged absence without approved leave is a serious offense. In a 2018 Resolution, the Court dropped a court employee from the rolls for being absent without official leave (AWOL) for more than 30 working days. The case clarifies the rules on unexcused absences and the consequences for those who abandon their posts.

The Facts of the Case

The case involved Marissa M. Nudo, a Clerk III at the Regional Trial Court (RTC) of Manila, Branch 6. According to records from the Employees' Leave Division of the Office of the Court Administrator (OCA), Nudo had not submitted her Daily Time Record (DTR) since March 2017. She also failed to file any application for leave. As a result, she was considered on AWOL starting March 1, 2017.

The Clerk of Court of RTC Branch 6 further reported that Nudo had been absent since March 14, 2017. Despite the lapse of time, Nudo never reported back for work. Her salaries and benefits were withheld, and the OCA later recommended that she be dropped from the rolls.

The Issue: When Can an Employee Be Dropped from the Rolls?

The central question was whether Nudo could be separated from service for her continued absence without approved leave. Under the rules, an employee who is continuously absent without approved leave for at least 30 working days is considered AWOL and may be separated from the service or dropped from the rolls.

The Supreme Court agreed with the OCA's recommendation. The Court applied the provision in the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, Series of 2007, which states that an official or employee who is continuously absent without approved leave for at least 30 working days shall be considered on AWOL and shall be separated from the service or dropped from the rolls without prior notice.

The Ruling: AWOL Justifies Separation

The Court ruled that Nudo's prolonged unauthorized absences caused inefficiency in the public service. Her absence disrupted the normal functions of the court, where she was assigned. The Court emphasized that such conduct contravened the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency.

The Court also stressed that court personnel carry a heavy responsibility. Their conduct is measured against the high standards of public accountability, and they must maintain the people's faith in the judiciary. By failing to report for work for months, Nudo grossly disregarded and neglected the duties of her office.

The Court ordered that Nudo be dropped from the rolls effective March 1, 2017, and declared her position vacant. However, it noted that she remained qualified to receive benefits she may be entitled to under existing laws and could still be reemployed in the government.

The Rule on Absences Without Approved Leave

The case reinforces a clear rule for government employees: 30 working days of continuous absence without approved leave is enough ground for separation. The rule does not require prior notice before an employee is dropped from the rolls. This means that an employee who simply stops reporting for work without filing a leave application risks losing their position.

The rule applies across the government service, not just in the judiciary. It is designed to prevent inefficiency and ensure that public offices continue to function properly. Employees who wish to take time off must follow the proper leave procedures, or they face the risk of being separated from service.

Practical Takeaways

• File leave applications properly. Any absence from work must be covered by an approved leave application. Failure to do so can result in being tagged as AWOL.
• Thirty working days is the threshold. Continuous absence without approved leave for at least 30 working days is sufficient ground for separation from service.
• No prior notice is required. The rules allow the government to drop an employee from the rolls without prior notice once the 30-day threshold is met.
• Dropping from the rolls is not a bar to reemployment. An employee dropped for AWOL may still receive benefits and may be reemployed in the government.
• Public service demands accountability. Court personnel and all government employees are held to high standards of responsibility and efficiency. Unexcused absences undermine public trust.

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