Dear Attorney,

Good Day!

I hope this message finds you well. I would like to seek your legal guidance on an issue I am facing. Recently, I submitted a request for a leave of absence to attend the first birthday of my daughter. Unfortunately, the company initially denied my request. Despite this, I decided to prioritize this personal matter and was absent on the intended date. I now face the possibility of receiving a corrective or disciplinary action from my employer.

Given these circumstances, I want to understand if the company has the right to impose such action against me under Philippine labor laws. Your detailed guidance on this matter would be greatly appreciated.

Sincerely,
A Concerned Employee

Understanding the Legal Framework: Absences, Leave Policies, and Disciplinary Actions in the Philippines

In the Philippine labor system, employers and employees are bound by obligations defined under the Labor Code of the Philippines, company policies, and individual employment contracts. The matter of unauthorized absences—specifically when an employee’s leave request is denied but the employee chooses to be absent—falls under the principle of mutual respect for contractual obligations and workplace discipline.

This article explores the applicable laws, jurisprudence, and practical implications regarding whether an employer may impose disciplinary actions in such cases.

1. Employee Rights to Leave

The right to take a leave of absence is not absolute. Leave policies vary based on legal entitlements and employer-specific benefits, which can be categorized into:

1.1 Statutory Leaves
Under the Labor Code and related laws, employees are entitled to certain mandatory leaves, such as:

Service Incentive Leave (SIL): Article 95 of the Labor Code grants employees five days of leave with pay annually after one year of service. SIL may be used for personal reasons, subject to employer approval unless otherwise agreed upon.
Special Leave: Certain laws provide for special leave benefits, such as those for women under R.A. 9710 (Magna Carta for Women) and R.A. 11210 (Expanded Maternity Leave Act).
Emergency or Force Majeure Leave: Under exceptional circumstances (e.g., natural disasters), an absence might be justified even without prior approval.

1.2 Company-Initiated Leave Benefits
Many companies offer additional leave benefits (e.g., birthday leave, vacation leave, sick leave). These are not mandated by law but depend on company policy and employee-employer agreements.

2. Employer's Authority to Discipline

2.1 Management Prerogative
Under the doctrine of management prerogative, employers have the right to regulate all aspects of employment, including attendance and leave policies, provided such regulations:

Are exercised in good faith;
Are reasonable; and
Do not violate labor laws or constitutional rights.

If an employee takes an unauthorized absence, employers may view this as a breach of duty. Attendance is crucial to operations, and an absence without approval may disrupt business activities.

2.2 Corrective and Disciplinary Actions
Employers have the authority to impose corrective or disciplinary measures for non-compliance. Disciplinary actions may range from a verbal warning to termination, depending on:

The gravity of the offense;
The circumstances surrounding the absence; and
The company’s Code of Conduct.

Jurisprudence supports the principle that an employer has the discretion to impose sanctions for valid reasons, as long as due process is observed.

3. Legal Grounds for Disciplinary Action

3.1 Violation of Company Policy
If the company has a documented policy requiring prior approval for leave, an absence without approval may constitute a policy violation. The Supreme Court has upheld the employer’s right to discipline employees for unauthorized absences (e.g., Unilever Philippines, Inc. v. Rivera, G.R. No. 201701, July 15, 2020).

3.2 Breach of Duty to Render Service
Under Article 282 of the Labor Code, willful disobedience to lawful orders of an employer is a ground for termination. Failing to follow leave protocols could fall within this category.

3.3 Misuse of Leave Benefits
If an employee uses personal or statutory leave for reasons other than those declared, employers may also initiate disciplinary action.

4. Due Process in Disciplinary Actions

Under Philippine law, disciplinary actions must be carried out with due process:

Notice Requirement: The employee must receive a written notice specifying the alleged violation.
Hearing or Opportunity to Explain: The employee must be given a chance to explain their side.
Decision Notice: A final notice should state the employer’s decision and any sanctions imposed.

Failure to comply with due process can invalidate the disciplinary action.

5. Considerations for Mitigating or Justifying Absences

Certain circumstances may mitigate or justify an employee’s absence:

Family Obligations: While the Labor Code does not explicitly provide leave for family events, Filipino culture emphasizes the importance of family, which may influence considerations of equity and compassion.
Emergency or Necessity: If the absence was urgent and unavoidable, it may be excused upon proper explanation.
Lack of Alternatives: If the employee had no other viable options (e.g., no one else to care for a child), the absence might be viewed sympathetically.

Employers are encouraged to weigh the severity of the infraction against the employee's reason, length of service, and prior conduct.

6. Remedies for Employees

If an employee believes that the disciplinary action is unwarranted or excessive, they may:

File a Grievance: Seek resolution through the company’s grievance mechanism.
Consult the DOLE: If no agreement is reached, the Department of Labor and Employment (DOLE) can mediate the dispute.
Pursue a Legal Claim: If an employee is dismissed without just cause or due process, they may file a complaint for illegal dismissal.

7. Practical Advice for Both Parties

For Employees:

Always comply with leave application procedures.
Communicate proactively with your employer about personal emergencies.
Document reasons for your absence to justify your actions, if needed.

For Employers:

Clearly define leave policies in employment contracts or company manuals.
Exercise disciplinary authority with fairness and adherence to due process.
Balance operational needs with understanding employees’ personal obligations.

Conclusion

The employer’s right to discipline employees for unauthorized absences is recognized under Philippine labor law. However, this right must be exercised reasonably and in adherence to due process. Employees, on the other hand, should respect company policies while asserting their rights when actions seem arbitrary or unfair. Both parties benefit from open communication and a balanced approach to resolving disputes.

For specific cases, consultation with a labor law expert ensures tailored guidance based on the unique circumstances of the issue.