Handling Unapproved Leave in the Workplace in the Philippines

Query: What is the employment status of an employee who takes leave without approval in the Philippines?

In the Philippines, the employment status of an individual who proceeds on leave without the necessary approval from their employer can face significant implications, depending on the policies of the company and the conditions under which the leave was taken.

1. Company Policies on Leave: Typically, companies have specific policies regarding the application and approval of leave. Employees are expected to follow these guidelines, which often require submitting a leave request ahead of time for approval by their direct supervisor or the HR department.

2. Unauthorized Leave: If an employee takes leave without securing approval, this is generally considered unauthorized absence. Depending on the company's disciplinary procedures, unauthorized leave could lead to various consequences ranging from a verbal or written warning to more severe disciplinary actions.

3. Potential Consequences: The specific consequences of taking unauthorized leave can include:

   • Deduction from salary: For unpaid leave days.
   • Disciplinary action: Including written warnings or formal reprimands.
   • Termination of employment: In severe cases or cases of repeated offenses, unauthorized leave may lead to termination for gross misconduct.

4. Constructive Notice: It’s important for employees to provide notice to their employer as soon as possible if they need to take emergency leave and could not follow the usual leave application process. Keeping open communication can mitigate potential disciplinary actions.

5. Legal Framework: Under Philippine labor laws, employers are allowed to discipline employees for misconduct, including unauthorized absences, provided the company’s disciplinary rules and procedures are duly communicated to employees and are implemented fairly and consistently.

6. Addressing Grievances: If an employee feels that the action taken by the employer is unfair, they can file a grievance with the company’s HR department according to the internal grievance procedures. If the issue remains unresolved, the employee may seek advice or assistance from the Department of Labor and Employment (DOLE).

It is crucial for both employers and employees to understand and adhere to the established leave policies. Employees should always attempt to secure approval for any leaves of absence in accordance with company policy to avoid negative consequences on their employment status.