In the Philippine civil service, "Absence Without Official Leave" (AWOL) is not merely a breach of office discipline; it is a status with severe legal implications for an employee’s career longevity and accrued benefits. Under the rules of the Civil Service Commission (CSC) and relevant jurisprudence, being dropped from the rolls due to AWOL creates a "break" in service that ripples through a public servant's record.
1. Defining AWOL and the "Dropping from the Rolls"
An officer or employee is considered AWOL when they fail to report for work without an approved leave application. Under CSC Memorandum Circular No. 13, s. 2007, an official or employee who is continuously absent without approved leave for at least thirty (30) working days shall be dropped from the rolls without prior notice.
- Discretionary Action: While 30 days is the standard for automatic dropping, an employee can be dropped earlier if the absence is shorter but frequent, or if they fail to return after the expiration of an approved leave.
- Non-Disciplinary Nature: Legally, being "dropped from the rolls" is considered non-disciplinary. It does not result in the forfeiture of benefits (unlike dismissal for cause), but it terminates the employer-employee relationship by operation of law.
2. Impact on Service Credits and "Length of Service"
The most significant impact of AWOL is the interruption of continuity.
- The "Gap" in Service: When an employee is dropped from the rolls and subsequently re-employed or reinstated, the period they were AWOL is not counted as part of their length of service.
- Step Increments: Government salary grades often increase based on "Length of Service" (usually every three years of continuous satisfactory service). An AWOL period resets or delays the counting for these step increments, as the law requires actual and continuous service.
- Retirement Eligibility: To qualify for retirement under GSIS (Government Service Insurance System), a specific number of years of "creditable service" is required. Periods of AWOL are deducted from the total years of service, potentially pushing back one's retirement date.
3. Impact on Leave Benefits
Leave credits (Vacation and Sick Leave) are earned at a rate of 1.25 days per month of actual service.
- Non-Earning of Credits: During the period an employee is AWOL, they do not earn any leave credits. Since credits are a reward for service rendered, the absence of service halts the accumulation.
- Forfeiture vs. Terminal Leave: If an employee is dropped from the rolls due to AWOL, they are still entitled to the monetization of their earned leave credits (Terminal Leave Pay) accumulated prior to the AWOL period. Unlike a dismissal for "Grave Misconduct" where benefits can be forfeited, "dropping from the rolls" allows the employee to claim the cash value of whatever credits were left on the books.
- The "Leave Without Pay" Rule: Any absence that is not covered by earned credits or not approved is considered "Leave Without Pay." This duration is excluded from the computation of the mid-year and year-end bonuses (13th and 14th-month pay) on a pro-rata basis.
4. Reinstatement and the "Continuity" Myth
If an employee successfully appeals the order dropping them from the rolls (e.g., proving force majeure or a medical emergency prevented them from filing a leave), they may be reinstated.
- With Backwages: If the CSC or the Court finds the AWOL declaration illegal, the employee is entitled to full backwages and the period is treated as if no break occurred.
- Without Backwages: If the reinstatement is based on mercy or technicalities rather than a finding of "illegal dropping," the period of absence remains "uncredited." The service record will show a gap, and the benefits for that period remain unearned.
5. Summary of Consequences
| Area of Impact | Effect of AWOL Status |
|---|---|
| Service Record | Creates a legal "break"; service is no longer considered continuous. |
| Leave Accumulation | Zero credits earned during the period of absence. |
| Step Increments | Delay in salary increases due to interruption of the 3-year continuous rule. |
| Retirement | Deduction of AWOL days from the total "Creditable Service" for GSIS. |
| Terminal Leave | Existing credits are payable, but no new credits accrue during AWOL. |
Conclusion
While AWOL is often seen as a temporary lapse, its shadow in the Philippine civil service is long. It effectively pauses the professional "clock," delaying financial milestones and retirement readiness. For the government employee, "officializing" an absence is not just a matter of discipline, but a critical act of protecting their earned statutory rights.
Would you like me to draft a sample Letter of Reconsideration for an employee seeking to contest being dropped from the rolls?