Absence without official leave (AWOL) is an absence that has not been authorized or for which a request for leave has been denied. The Labor Code of the Philippines affords no specific provision on absence without official leave. Attendance of employees is a matter of company policy or agreement. And absences for that matter are deemed incorporated in such policy or agreement.

However, there are instances when absences without leave may result to abandonment

of work which is a valid ground for dismissal. An employee’s unjustified refusal to report back for work despite written notices or memoranda may be tantamount to abandonment. Prolonged absences without official leave without just cause, prejudicial to the interest of the business and with the intention of not returning to work as manifested by blatant acts may likewise be considered as abandonment.

“Abandonment is the deliberate and unjustified refusal of an employee to resume his employment.” To constitute abandonment of work, two elements must concur: “(1) the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (2) there must have been a clear intention on the part of the employee to sever the employer-employee relationship manifested by some overt act.” And as a valid cause for dismissal, there must be concurrence of intention to abandon and some overt act from which it may be inferred that the employee had no more interest to continue working in his job. An employee tagged as AWOL and consequently abandoned his work may be dismissed by his employer in consonance with the Labor Code.

Anent the number of days of absences an employee may incur to consider him on AWOL, the Labor Code does not provide for such, rather, the matter falls under company policies or agreement between the employer and employee.