here’s a practical, end-to-end legal guide (Philippine context) on disciplinary action for unauthorized absences (AWOL) vs. bereavement leave—what the law requires, what it doesn’t, how employers should act, and how employees can protect themselves. No fluff, just usable rules, process, and templates.

1) Big picture

Unauthorized absence ≠ automatic dismissal. Absenteeism can be a valid ground for discipline, even termination in severe cases—but only after due process and in line with company rules and jurisprudence.
Bereavement leave (private sector) is generally a company/CBA benefit, not a statutory right. There is no nationwide law mandating paid bereavement leave for private-sector workers. Many employers grant 3–5 days by policy; others allow use of Service Incentive Leave (SIL) (minimum 5 days with pay after 1 year of service) or unpaid leave.
Abandonment is different from AWOL: it needs (1) failure to report for work and (2) a clear intention to sever employment. Proving both is on the employer.

2) Legal framework you’ll actually use

Labor Code & jurisprudence (private sector):
- Just causes: “gross and habitual neglect of duties,” serious misconduct, willful disobedience—chronic absenteeism can fall here if proven.
- Two-notice rule & due process (notice to explain + notice of decision), with a real chance to be heard.
- No work, no pay principle; wage deductions for absences are lawful.
Statutory paid leaves you can’t ignore (distinct from bereavement):
- SIL 5 days (after 1 year of service).
- Maternity/Paternity/Solo Parent/VAWC/Magna Carta of Women special leave, etc. (Each has specific triggers and documents.)
Company policy/CBA/handbook: governs bereavement leave (who qualifies, days, proof, immediacy, paid/unpaid).
Public sector note: CSC rules and agency CBAs may grant bereavement leave; government HR should follow those issuances.

3) What counts as “unauthorized absence”?

Absent without prior approval where approval is required by policy.
Failure to notify within the time/mode required (call/text/email/HRIS) absent an emergency.
Exceeding approved leave (e.g., 3 approved days but absent for 6).
Falsified reason/proof (e.g., fake death certificate).

Tip: Policies should define time windows (e.g., notify supervisor before shift; in emergencies within 24 hours) and proof (e.g., hospital note, barangay/medical/registry documents).

4) Bereavement leave—what it is (and isn’t)

Private sector: Not mandated by law. It exists only if:
1. Company policy/handbook grants it; or
2. CBA provides it; or
3. Employer grants discretionary paid time off.
Typical contours (policy-based):
- Coverage: death of immediate family (spouse, child, parent). Some policies include parent-in-law, sibling, grandparent.
- Duration: 3–5 working days (paid) within a set window from date of death/burial.
- Proof: death certificate, memorial/funeral notice, obituary, barangay certification.
- Coordination: employee must notify ASAP, state dates to be used, submit proof within X days, and align with shift coverage.

If no policy exists: Employer may allow SIL, vacation leave, or unpaid leave on humanitarian grounds. Document the approval to avoid “AWOL” tagging.

5) AWOL vs. abandonment (do not confuse)

Concept	What it means	Evidence needed	Risk if employer mislabels
AWOL/unauthorized absence	Absence without proper approval/notice	Attendance logs, shift rosters, notice failures	Discipline allowed, but still needs due process
Abandonment	AWOL plus clear intent to sever employment	Prolonged absence and overt acts (e.g., taking permanent job elsewhere + ignoring return directives)	Wrongful dismissal risk if intent isn’t proven

Key test: If the employee still wants to work and responds to notices, it’s usually not abandonment.

6) Due process for absenteeism cases (private sector)

Fact-finding (1–3 days): Secure DTR/biometrics, schedules, supervisor reports, messages showing missed shifts and lack of notice/approval.
1st Notice – NTE (Notice to Explain):
- State specific dates/hours missed, policy clauses breached, and ask for a written explanation within a reasonable period (commonly 5 calendar days).
- Offer an administrative conference or allow a written defense with evidence (medical/bereavement documents).
Administrative meeting/hearing (if requested or necessary):
- Discuss reasons (funeral, illness, emergency), verify documents, consider mitigating factors (tenure, prior record, humanitarian circumstances).
2nd Notice – Decision:
- Findings of fact, rule violated, penalty (warning/suspension/termination) or exoneration/conversion to authorized leave.
- If termination, articulate just cause and why lesser penalty won’t suffice.
Service of notices: Deliver physically with acknowledgment, via work email, registered mail, or other provable means.

7) Progressive discipline matrix (sample)

First unauthorized day (isolated, no harm): Written warning; convert to SIL/unpaid if explanation is valid.
Second offense within 12 months or multi-day AWOL (2–3 days): Final warning or 1–3 days suspension.
Repeated/habitual absenteeism (pattern of 3+ instances) or extended AWOL (e.g., 5+ consecutive working days with ignored directives): Longer suspension or termination for gross and habitual neglect, subject to due process.
Abandonment (proven intent + prolonged absence): Termination after twin notices; keep proof of attempts to recall employee to work.

Always align penalties with your handbook/CBA to avoid inconsistency.

8) How bereavement interacts with discipline (decision tree)

Is there a Bereavement Leave policy/CBA?
- Yes: Check eligibility, days, covered relative, timing, and proof. If met → approve (paid/unpaid as policy states). If the employee failed a paperwork deadline but facts are genuine, consider curing (accept late proof) rather than penalizing.
- No: Offer SIL/vacation or unpaid special leave. If the employee promptly notified and the death is genuine, do not tag as AWOL; document a humanitarian approval.
Was there notice?
- Yes, timely: treat as authorized once proof follows.
- Late or none: ask why. If credible (e.g., sudden death/travel to province, no signal), accept belated documentation; calibrate penalty to warning at most.
Is there fraud or repeated abuse?
- Fake documents or chronic “bereavement” claims justify stricter penalties.

9) Documentation & proofs (checklists)

Employee should provide:

Notice (call/text/email/HRIS timestamp) stating who passed away, relationship, dates needed.
Proof within X days (policy): death certificate (NSO/PSA or civil registry copy), funeral/memorial notice, obituary, barangay cert if registry delayed, travel receipts if out-of-town wake/burial.
If claiming SIL instead, submit a leave form.

Employer should keep:

Attendance logs, screenshots of notice (or lack), leave forms, approval/denial memos with reasons, copy of policy clauses applied, and the two notices (if disciplining).

10) HR/Employer best practices (private sector)

Write it down. Have a clear Attendance & Leave policy: notice windows, approvers, documentary proof, bereavement coverage, and progressive penalties.
Put humanity in the policy. Allow retroactive approval for genuine emergencies; list acceptable interim proof (funeral program, barangay certification) if certificates aren’t immediately available.
Train supervisors to log and escalate absences same day; avoid “verbal agreements” with no paper trail.
Be consistent. Unequal discipline for similar cases risks unfair labor practice claims.
Mind data privacy. Collect only necessary documents; limit access to HR/authorized managers.

11) Employee playbook

Notify early. Even a brief text: “My [father] passed away today; requesting bereavement leave [dates]. Will send documents.” Take a screenshot.
Submit proof quickly. If certificates are delayed, file temporary proof (funeral notice/obituary) and explain.
Ask for the policy. If none, request SIL or unpaid emergency leave in writing.
Keep everything. Screenshots, emails, memorial cards, travel tickets—these protect you from AWOL tags.
If charged with AWOL: Answer the NTE thoroughly, attach proof, and ask for a meeting. If terminated without due process, consult counsel on illegal dismissal.

12) Templates you can adapt

A. Employee – Immediate Notice (text/email)

Subject: Bereavement Leave Request My [relationship], [Name], passed away on [date]. I request leave on [dates] under our Bereavement Leave policy (or SIL/unpaid if no policy). I will submit documents by [date]. Thank you.

B. Employer – NTE (Absences touching bereavement)

Subject: Notice to Explain – Unauthorized Absences Our records show you were absent on [dates] without approval/notice per [Policy §]. Please submit a written explanation with supporting documents within 5 calendar days from receipt of this notice and indicate whether you wish to attend an admin conference on [date/time].

C. Employer – Approval (Bereavement)

Approved [X] working days bereavement leave from [date–date] for [relationship]. Kindly submit [required proof] by [deadline]. Condolences.

D. Employer – Decision (Convert AWOL to Authorized Leave)

Based on your explanation and documents, your absences on [dates] are approved as bereavement/SIL/unpaid leave. No disciplinary action will be imposed. Please coordinate with your supervisor on return-to-work.

E. Employer – Decision (With Penalty)

After evaluation, your absences on [dates] remain unauthorized under [Policy §]. Considering your tenure and circumstances, the penalty is [written warning / __ days suspension]. Repetition may lead to stricter sanctions.

13) Special situations

Multiple deaths / extended rites (provincial travel): Allow split use (e.g., bereavement + SIL + unpaid) with clear dates.
Overlapping statutory leaves: If on maternity/SSS sickness leave, bereavement does not interrupt the statutory leave; coordinate documentation post-leave.
Immediate vs. non-immediate family: Follow your policy definition. If outside coverage, consider SIL/unpaid to avoid morale issues while keeping policy boundaries.
Night shift/rotating schedules: Count working days per policy; clarify if weekends/holidays are counted.

14) Quick compliance audit (employers)

Handbook defines AWOL, abandonment, and bereavement leave (or states none).
Notice windows and proof lists are explicit.
Progressive discipline table exists and matches practice.
Twin-notice templates ready; standard 5-day reply window.
HR keeps verifiable service of notices.
Supervisors trained to document same-day absence events.
Data-privacy handling of bereavement documents in place.

Bottom line

Bereavement leave (private sector) lives in your policy/CBA, not the statute.
Treat genuine bereavement as authorized (via policy, SIL, or unpaid) when documented—even if notice was late for real-world reasons.
For chronic or unexcused absences, use progressive discipline and the two-notice rule.
Don’t label cases as abandonment unless there’s clear intent to sever employment.

This is general guidance, not legal advice for a specific dispute. For sensitive terminations or contested evidence, consult counsel.