AWOL Employee? Here’s What Employers Need to Do According to DOLE

In any workplace, showing up and keeping communication lines open are key to keeping things running smoothly. But what if someone just stops coming to work without notice? That’s what we call Absent Without Official Leave (AWOL). It can be frustrating, but as an employer, you can’t just act on impulse. There are proper steps to follow under the rules set by the Department of Labor and Employment (DOLE).

Here’s a simple guide on what you should do if an employee goes AWOL, and why it’s important to follow due process before making any big decisions.

AWOL happens when an employee fails to report for work without informing their employer or securing official leave. It’s different from absenteeism with an approved reason or leave of absence. In some cases, employees may not come back at all, leaving employers unsure of what to do next.

According to DOLE, even if an employee is absent for days or weeks without notice, you cannot automatically assume that the employee has resigned or is terminated. There’s a legal process that must be followed to avoid claims of illegal dismissal.

Example:

A customer service representative stopped showing up for work after payday. The CSR didn’t file any leave, didn’t reply to calls or texts, and the teammates had no idea what happened. After five straight days of unexplained absence, the manager assumed the CSR had quit and had been removed from the schedule.

A few weeks later, the CSR filed a complaint at the DOLE claiming that the company terminated the employment without notice. Because the company didn’t issue a formal Notice to Explain or follow proper procedures, it was considered constructive dismissal, even though the CSR was clearly absent without notice. 

This is why it’s important not to jump to conclusions. DOLE requires due process, even in AWOL cases.

When an employee goes AWOL, it’s important to follow a clear and fair process to protect both your company and the employee. Here are the steps to follow according to DOLE.

Step 1: Send a Return-to-Work Order or Notice to Explain (NTE)

If an employee suddenly stops showing up without any notice, the first thing you need to do is issue a Notice to Explain (NTE) or a Return-to-Work Order. This should be within a few days of their absence, especially if they’re not responding to calls, texts, or emails.

The NTE should clearly include:

• The specific dates the employee has been absent
• A notice to explain why they shouldn’t face disciplinary action for job abandonment or violating company rules
• A deadline (usually five calendar days) for them to submit their written explanation

It’s important to make sure the notice actually reaches them. If they’re not replying, send the NTE to their last known address via registered mail or courier. This helps prove that you followed due process in case any issues come up later.

Step 2: Give the Employee a Chance to Explain

Once you’ve sent the NTE, the next step is to give the employee a fair chance to explain their side. This is part of the due process required by DOLE, which is in place to protect both the employer and the employee.

Even if the employee doesn’t reply, it’s important to document that you gave them the opportunity to respond. Some employees might reappear later with valid reasons like a medical emergency or a personal situation they couldn’t immediately report.

Skipping this step can put your company at risk. If the employee files a complaint, it could be treated as constructive dismissal, which may result in fines, back pay, or even an order to reinstate the employee.

Step 3: Conduct a Disciplinary Hearing or Investigation (If Needed)

If the employee submits an explanation and it’s insufficient or questionable, you may proceed with an administrative investigation or disciplinary hearing. Invite the employee to participate and allow them to present supporting documents or evidence if applicable..

For instance, if the employee claims they were hospitalized but provides no medical certificate or documentation, the company may decide that the absence was still unjustified. But you need to show that you assessed the matter fairly before moving to termination.

Step 4: Issue a Notice of Decision

Once all explanations are reviewed and investigations (if any) are concluded, the employer must issue a Notice of Decision. This formal letter should:

• Include the summary of the sequence of events
• Indicate the NTE and whether the employee responded, and their response (if any)
• State the company’s final decision—whether to dismiss, suspend, or impose other sanctions

If the decision is termination due to abandonment or serious misconduct, you must clearly cite the basis (typically Article 297 of the Labor Code) and ensure the letter is properly served.

Again, if the employee cannot be reached, send this via registered mail with a return receipt to their last recorded address.

No. DOLE has made it clear in several advisories and rulings that an employee’s absence alone is not proof of resignation. There must be a clear intention to sever the employer-employee relationship, and the proper legal route (NTE, investigation, decision) must be followed.

Prematurely marking someone as resigned without following the steps can result in a case of constructive dismissal, especially if the employee later claims they had no intention to leave.

That said, it’s essential to document everything. For every step, make sure you document:

• The date of absence and your attempts to contact the employee
• Copies of notices and proof of delivery
• Any correspondence or response from the employee
• Minutes of disciplinary hearings (if applicable)
• The final decision and reasons behind it

Keeping proper documentation will not only help you stay compliant but will also equip the company if the case reaches the DOLE or a labor tribunal.

Dealing with AWOL cases can be tedious, time consuming, and can be such a headache, but skipping steps or making assumptions can lead to serious labor complaints. DOLE requires employers to follow due process for any disciplinary action, even for AWOL.

Sprout is here to help. Our experts can guide you in creating clear employee handbooks and codes of conduct that explain how to handle absences, disputes, and disciplinary actions. We also review your current policies to make sure they meet legal standards and best practices. 

Ready to make your workplace fairer and stronger? Book a consultation with our HR and legal experts today! 

AWOL is not an automatic ground for dismissal because employers must prove abandonment and follow due process. This includes the twin-notice rule: a notice to explain with at least five days to respond, an opportunity to be heard, and a final written decision before termination. Explore our guide on DOLE rules for AWOL employees.