Dear Attorney,
I would like to seek legal advice regarding my current employment situation. My brother-in-law passed away on July 20, and I applied for bereavement leave, which was approved by my head nurse. I initially indicated that I would return around August 6. However, due to insufficient funds for travel, I requested an extension, which my head approved.
Three days before I was supposed to return, I developed a high fever, which was suspected to be dengue, as there was a local outbreak. I informed my head of the situation, and my sick leave was recognized. However, the higher management began questioning why I had been absent for such a long time. Recently, due to a severe typhoon, I was unable to return to work again, and I was informed that I would be tagged as absent without leave (AWOL), despite my approved bereavement and sick leave.
Given these circumstances, can I file an immediate resignation to avoid being tagged as AWOL? Is it legal for my employer to tag me as AWOL despite my previously approved leave and my current situation?
Insights
In the Philippines, the law recognizes valid grounds for immediate resignation under Article 300 of the Labor Code, where an employee may terminate their employment without serving a notice period in cases of serious illness, among others. Bereavement, while not explicitly mentioned, may also be considered under humanitarian grounds by some companies, depending on their policies and the severity of the situation.
In your case, the following considerations apply:
Approved Bereavement and Sick Leave: Since your bereavement and sick leave were approved by your immediate superior, your employer cannot lawfully tag you as AWOL for the period covered by those approved leaves. It’s essential to review your company’s leave policy, as internal rules govern bereavement leave duration. For sick leave due to dengue, if you provided the necessary documentation, such as a medical certificate, your absence during that period should also be justified.
Prolonged Absence and AWOL Tagging: The issue arises if your absence extended beyond what was initially approved. Although your head nurse allowed an extension due to travel difficulties, the higher management has the right to question extended absences, especially if they are unaccounted for. If the company deems the duration of your absence excessive or unjustified, they may consider tagging you as AWOL. To mitigate this, ensure that you have documentation to support your absence, including proof of the travel difficulties caused by the typhoon.
Immediate Resignation: Under Article 300, one of the just causes for immediate resignation is a serious illness, which may apply to your situation if you were diagnosed with dengue or other severe health conditions. If your situation prevents you from continuing work, you may file an immediate resignation, but ensure that it is supported by medical evidence. Humanitarian considerations, such as bereavement, while not legally mandated for immediate resignation, may be accepted by some employers.
Communicating with the Employer: Before proceeding with immediate resignation, it may be wise to formally communicate your situation to higher management, providing all relevant documentation (medical certificates, travel advisories, etc.). If you can show that your absences were beyond your control and were already approved, it may prevent them from tagging you as AWOL.
In summary, if your extended absence is justifiable and well-documented, you should not be considered AWOL. If returning to work is not feasible due to health or other legitimate reasons, you may file an immediate resignation under the provisions of the Labor Code, ensuring that you provide proper documentation to support your case.