Introduction

“AWOL” (Absent Without Official Leave) is a workplace term for an employee’s unauthorized absence. In the Philippine setting, AWOL is not a statutory term in the Labor Code, but it is widely recognized in company policies and jurisprudence as a form of absence without valid cause and without proper notice. The main legal questions usually arise around: (1) how AWOL is determined, (2) how many days of AWOL constitute a ground for discipline or dismissal, and (3) whether weekends, rest days, or holidays are counted in the AWOL tally.

This article discusses AWOL counting with particular focus on including weekends and rest days, anchored on Philippine labor standards, due process rules, and Supreme Court doctrine.

1. Legal Nature of AWOL in Philippine Law

1.1 AWOL is not defined in the Labor Code

The Labor Code does not define “AWOL,” but it provides general rules on employee discipline and dismissal. AWOL cases are typically treated as:

Neglect of duty or gross and habitual neglect,
Willful disobedience (for violating attendance/reporting rules), or
Abandonment of work (a special kind of AWOL with intent to sever employment).

Which specific ground applies depends on facts and what the employer alleges in the notice.

1.2 Company policy matters

Because AWOL is policy-driven, the employer’s attendance/leave rules and Code of Conduct are central. Policies usually specify:

how to report absences,
how many consecutive/unexcused absences count as AWOL, and
what penalties attach (warning, suspension, dismissal).

Courts generally respect reasonable policies so long as they are clear, lawful, and consistently applied.

2. Typical Grounds Related to AWOL

2.1 Simple unauthorized absence / tardiness

This covers absences without approval or notice. Employers may discipline progressively unless policy states otherwise.

2.2 Gross and habitual neglect of duty

Repeated AWOL incidents can become “habitual neglect.” The pattern and gravity matter more than a single lapse.

2.3 Abandonment of work

Abandonment requires two elements:

Failure to report for work or absence without valid reason, and
Clear intention to sever the employer–employee relationship (intent to abandon).

Intent is never presumed from absence alone. Employers must show overt acts pointing to a desire to quit (e.g., ignoring return-to-work orders).

3. Core Question: Do Weekends/Rest Days Count as AWOL?

3.1 General rule: Count workdays of unexcused absence

In ordinary AWOL (unauthorized absence not framed as abandonment), the counting is typically based on scheduled workdays. Thus:

If the employee is absent on Monday to Friday, those are AWOL days.
Saturday/Sunday or rest days in between are not “absences” from work if the employee had no duty to report on those days.

So, a 3-day AWOL policy usually means 3 missed working days, not calendar days.

3.2 Exception: Policy may define counting by calendar days

Some companies explicitly count AWOL as calendar days of continuous non-reporting. This can include weekends/rest days if policy says so. Courts may uphold this only if:

the policy is explicit and known to employees,
it is not used oppressively, and
it is applied consistently.

If the policy is silent, ambiguous, or inconsistently enforced, counting weekends against the employee is risky for employers.

3.3 Abandonment cases: continuous non-reporting is evaluated holistically

In abandonment allegations, tribunals look at the entire stretch of absence, including days between workdays, to assess continuity and intent. But even here:

weekends/rest days are considered only as part of the narrative of continuous absence,
not automatically as “AWOL workdays,” and
absence length alone is not abandonment without intent.

3.4 Holidays

Similar logic applies:

Regular holidays or special non-working days are not counted as AWOL unless they were scheduled workdays for that employee (e.g., retail, hospitals, BPO shifting schedules).
If the employee was scheduled to work on a holiday and failed to report without valid reason/notice, that holiday becomes an AWOL day.

4. Practical Counting Scenarios

Scenario A: Fixed Mon–Fri schedule

Employee skips work Thu and Fri without notice.
Sat–Sun are rest days.
Returns Mon.

AWOL count: 2 days (Thu–Fri). The weekend is not counted because there was no duty to report.

Scenario B: Continuous absence across a weekend

Employee absent Mon–Fri without notice.
Still does not contact employer over weekend.
Returns following Monday.

AWOL count: usually 5 days (Mon–Fri), unless policy says “calendar days.” Weekend may be relevant to show continuous non-reporting, but not as AWOL workdays.

Scenario C: Shift worker with midweek rest days

Schedule: 4 days on, 2 days off, rotating.
Employee misses two scheduled shifts, then hits two rest days, then misses another shift.

AWOL count: 3 AWOL days (three missed scheduled shifts). Rest days that were not scheduled shifts are not counted.

Scenario D: Employee scheduled on a holiday

Employee scheduled to work on December 25, fails to report without notice.

AWOL count: 1 AWOL day (holiday shift missed), because it was a work obligation.

5. Due Process Requirements for AWOL Discipline

Regardless of counting method, dismissal for AWOL must comply with substantive and procedural due process.

5.1 Substantive due process

Employer must show a just cause under law and policy:

unauthorized absence violating company rules,
gross/habitual neglect, or
abandonment (with proof of intent).

Penalty must be proportionate. A single short AWOL incident rarely justifies dismissal unless it causes serious prejudice or policy clearly provides dismissal for that offense.

5.2 Procedural due process: Two-notice rule

For just-cause dismissal, employer must issue:

First notice (Notice to Explain / Charge Sheet)
- states facts, rule violated, possible penalty.
Opportunity to be heard
- written explanation, hearing or conference if requested or necessary.
Second notice (Notice of Decision)
- employer’s findings and penalty.

AWOL cases often fail in court when employers skip return-to-work directives or do not give real opportunity to explain.

6. Return-to-Work Orders and Their Role

In prolonged AWOL, employers typically send:

a Return-to-Work Notice or Show-Cause Notice to the last known address,
sometimes via email/SMS if policy allows.

This serves two functions:

Due process (invites explanation), and
Abandonment proof (if ignored, supports intent element).

If an employee later shows a valid reason (illness, emergency, force majeure), dismissal may be overturned.

7. Valid Reasons That Defeat AWOL Findings

Absence becomes excusable if supported by credible evidence, such as:

medical emergencies or hospitalization,
accidents, calamities, or unsafe travel conditions,
threats to life/safety,
employer’s failure to provide schedule or assignment,
approved leave or implied authorization,
communication attempts that reasonably reached management.

Even if notice was delayed, good faith and prompt explanation matter.

8. Common Employer Errors on Weekend Counting

Counting rest days automatically without policy basis.
Using “calendar-day AWOL” retroactively when policy was unclear.
Ignoring shifting schedules and counting days the employee was not scheduled.
Skipping the first notice and assuming AWOL = resignation.
Calling it abandonment without proving intent.

These often lead to findings of illegal dismissal or at least procedural defects.

9. Common Employee Misconceptions

“Weekends don’t count, so I’m safe.” Not always. If policy counts continuous calendar days, or if schedule includes weekend duty, they can count.
“If I’m AWOL for a week, it’s automatic resignation.” No. Resignation is voluntary. Abandonment must be proven and due process observed.
“I can just explain later.” Late explanation may still mitigate, but failing to notify at all weakens defenses.

10. Best Practices

For employers

Put AWOL definition and counting method in writing (workdays vs calendar days).
Align counting with actual schedules.
Use progressive discipline unless gravity warrants dismissal.
Serve notices properly and document communications.
Don’t label absence as abandonment without proof of intent.

For employees

Notify supervisor/HR as soon as possible.
Keep proof of emergencies or constraints.
Respond to return-to-work notices promptly.
Clarify your schedule and attendance rules in writing.

Key Takeaways

AWOL is primarily a policy-based concept, not a Labor Code term.
Default counting is by missed scheduled workdays, not by calendar days.
Weekends/rest days are not AWOL unless:
1. the employee was scheduled to work, or
2. company policy clearly counts continuous calendar days.
In abandonment cases, weekends may be considered in evaluating continuous absence and intent, but intent must still be proven.
Two-notice due process is mandatory before dismissal.

This article is for general educational purposes and does not constitute legal advice. For specific situations, consulting a Philippine labor lawyer or DOLE assistance desk is recommended.