Introduction

In Philippine workplaces, “leave” is often treated as a simple HR transaction—file a form, wait for approval, then go on leave. Legally, though, the consequences of taking leave without approval depend on (1) the kind of leave involved (statutory vs. company-granted), (2) the reason for the absence, (3) the employee’s compliance with notice and documentation requirements, and (4) the employer’s rules and due process.

This article explains the Philippine legal framework governing unauthorized leave / absences, what employers may lawfully do, and what rights employees retain—especially where the leave is legally mandated (e.g., maternity leave, VAWC leave) or where emergencies are involved.

This is general legal information for the Philippine context, not individualized legal advice.

Key Concepts: “Leave” vs. “Absence”

1) Not all “leaves” are legal entitlements

Philippine law provides some mandatory leaves, but many common leaves—like vacation leave (VL) or bereavement leave—are usually company policy or CBA benefits, not automatic statutory rights.

2) “Filed” is not the same as “approved”

Filing a leave request typically means: you asked. Approval means: management allowed it under policy and operational needs. If you leave without approval, the employer may treat it as unauthorized absence, even if you filed a request.

3) Management prerogative matters—but it has limits

Employers generally control scheduling and staffing. Approving leave (especially non-statutory leave) is commonly considered part of management prerogative, exercised through company rules—so long as it is done fairly, in good faith, and not to defeat labor rights.

Philippine Legal Framework You Need to Know

A. Statutory leave (mandated by law)

If you qualify and follow legal requirements, these leaves are not purely discretionary:

Service Incentive Leave (SIL) – under the Labor Code, eligible employees generally earn 5 days leave with pay per year after at least one year of service, unless exempt (certain establishments/employees may be excluded depending on coverage rules and actual practice/policy).
Maternity Leave – expanded maternity leave law provides a set number of paid days for qualified women workers.
Paternity Leave – for qualified married male employees under the law.
Solo Parent Leave – for qualified solo parents under the solo parent law (as amended).
VAWC Leave – for qualified victims under the anti-VAWC law.
Special Leave for Women (e.g., for certain gynecological surgery-related conditions) – under women’s rights legislation.
Other special leaves may apply depending on sector (private vs. public), company classification, or specific statutes.

Important: Even statutory leaves usually have notice and documentation rules. But employers cannot use “lack of approval” as a blanket excuse to defeat an employee’s lawful leave right—especially where the employee had no practical ability to secure prior approval (e.g., childbirth, emergencies, VAWC situations).

B. Company-granted leave (policy/CBA-based)

Common examples:

Vacation Leave (VL)
Emergency leave (if not statutory in your company)
Bereavement leave (commonly granted, but not a universal statutory private-sector entitlement)
Birthday leave, anniversary leave, special company leaves

These are typically governed by:

The company handbook, HR policies, or
A Collective Bargaining Agreement (CBA), if unionized

For these leaves, employers usually have broader discretion to approve/deny based on operations—so long as decisions are not discriminatory, retaliatory, or made in bad faith.

When Does “Leave Without Approval” Become a Disciplinary Issue?

1) Unauthorized absence (AWOL-style violations)

“AWOL” is often a company rule concept rather than a single Labor Code label, but it generally refers to absence without approved leave and without acceptable notice/documentation.

Employers may treat it as:

Unexcused absence
Violation of company rules
Attendance infraction

Typical immediate consequences:

No work, no pay for the day(s) absent (unless a paid leave entitlement applies and requirements are met)
Disciplinary action under the company’s code (verbal warning, written warning, suspension, etc.)

2) Willful disobedience / insubordination (possible just cause)

If the employee:

was expressly told the leave is not approved, and
still took the leave anyway without a legally protected justification,

the act may be framed as willful disobedience (a “just cause” concept), especially when:

the order/policy is lawful and reasonable,
it relates to the employee’s duties, and
the employee’s refusal is intentional and unjustified.

3) Gross and habitual neglect of duties (attendance patterns)

Repeated unauthorized absences, chronic tardiness, or habitual attendance violations may be treated as habitual neglect—particularly when the pattern is documented and affects operations.

4) Abandonment (harder to prove than many think)

A common misconception: “Three days AWOL = abandonment.” Philippine labor standards do not reduce abandonment to a fixed number of days.

Abandonment generally requires BOTH:

failure to report for work without valid reason, and
a clear intent to sever the employer-employee relationship.

Intent is crucial and is usually proven by overt acts (e.g., working elsewhere, refusing return-to-work directives, ignoring notices). Mere unauthorized absence—without proof of intent to quit—usually isn’t enough.

Employee Rights When Leave Is Filed but Not Approved

1) Right to due process before discipline or dismissal

Even if the absence appears unauthorized, employees are entitled to procedural due process for serious penalties—especially dismissal.

For dismissal based on just cause, due process typically includes:

First written notice: specifying the acts/omissions and the rule violated
Opportunity to explain and be heard (written explanation and/or conference)
Second written notice: decision after considering the employee’s side

If an employer terminates without due process, the dismissal becomes legally vulnerable even when there may be substantive grounds.

2) Right to proportional discipline (fairness)

Not every unauthorized leave justifies termination. Employers are expected to impose penalties consistent with the offense and company rules, and to apply rules consistently (avoiding selective enforcement).

3) Right not to be denied statutory leave arbitrarily

For legally mandated leaves (maternity, VAWC, solo parent, etc.), an employer cannot use internal “approval” mechanics to effectively negate the law’s protection—though employees must still comply with reasonable notice/documentation requirements when practicable.

4) Right to be paid what the law requires

Depending on the leave type and eligibility:

Some leaves are paid (subject to legal/company mechanics)
Some benefits may be coordinated with social insurance systems or employer payroll practices

But if the absence is truly unauthorized and not covered by paid leave rights, no work, no pay generally applies.

Employer Rights and Lawful Responses

1) Enforce leave approval procedures for non-statutory leave

Employers may require:

advance filing,
supervisor approval,
minimum staffing rules,
blackout dates (peak season), and
documentation for sick/emergency claims

2) Treat unapproved absence as unexcused and impose discipline

Employers may impose discipline if:

there is a clear policy,
the employee was aware or reasonably should have known,
enforcement is consistent,
the penalty is proportionate, and
due process is observed for serious sanctions.

3) Deny pay for days not worked (subject to entitlements)

If an employee is absent without a paid-leave entitlement, the employer may lawfully:

deduct the day(s) absent from pay,
mark it as unpaid leave/absence.

However, employers must be careful with wage deduction rules—they generally cannot impose arbitrary “fines” or deductions outside lawful grounds or without proper authorization mechanisms.

Special Situations: When “No Approval” May Still Be Legally Understandable

A. Medical emergencies / sudden illness

If someone is suddenly ill, prior approval may be impossible. In practice, HR policies often require:

notice as soon as practicable (call/text/email),
medical certificate for certain durations,
fit-to-work clearance in some cases

A good-faith employee who promptly notifies and substantiates illness is in a stronger position to argue the absence was excusable, even if “approval” wasn’t obtained beforehand.

B. VAWC leave and sensitive statutory leaves

Some legally protected leaves involve privacy and safety concerns. Employers should avoid overly rigid procedures that effectively deny the leave.

C. Force majeure / disasters / transport shutdowns

Absences due to extraordinary events may be evaluated under:

company policy on calamities,
local conditions, and
reasonableness of requiring attendance

Documentation and prompt communication matter.

Can an Employer Automatically Terminate for Leave Without Approval?

Not automatically.

Termination must be substantively valid (a recognized just cause or authorized cause concept) and procedurally valid (due process).

A single unauthorized leave day may justify termination only in more extreme contexts, such as:

a critical role with clear, repeatedly communicated rules,
a refusal to follow a lawful order,
serious business prejudice,
or a pattern of violations supported by progressive discipline

Many cases are better treated as an attendance infraction addressed through progressive discipline unless there are aggravating circumstances.

Practical Guidance

For employees

Don’t assume filing = approval. Wait for confirmation unless it’s an emergency or a legally protected leave situation.
If you must be absent urgently:
- notify immediately (message + call if possible),
- document (medical certificate, incident report, barangay/police report where relevant),
- follow up with HR/supervisor as soon as you can.
If your statutory leave is being blocked, put requests in writing and keep copies.

For employers / HR

Have a clear leave policy: filing channels, approvers, timelines, documentation rules, emergency exceptions.
Apply rules consistently to avoid discrimination/retaliation claims.
Use progressive discipline where appropriate; reserve dismissal for truly serious or repeated violations.
Observe due process meticulously for suspension/termination decisions.
For statutory leaves, ensure procedures support (not frustrate) compliance with law.

Quick FAQ

If I filed VL but it wasn’t approved and I didn’t show up, can that be AWOL? Yes, under most company rules it can be treated as an unauthorized absence, subject to discipline and typically “no work, no pay.”

If I was sick and couldn’t get approval before my shift, can I still be punished? You may still be asked to comply with notification/documentation rules. Discipline is less likely to be justified if you promptly notified and provided proof, and the absence was reasonable.

Is abandonment the same as AWOL? No. Abandonment generally requires proof of intent to quit, not just absence.

Can my employer deny my statutory leave just because my supervisor didn’t “approve”? For legally mandated leaves, employers generally cannot use internal approval mechanics to defeat the entitlement, but employees should comply with notice/documentation rules when practicable.

Can the employer deduct my pay for the day I was absent? If it’s not covered by paid leave entitlement, generally yes (no work, no pay). Deductions beyond the wage equivalent (e.g., punitive “fines”) raise legal risk unless clearly lawful and properly handled.

Bottom Line

In the Philippines, taking leave without approval can range from a minor attendance infraction to a dismissible offense depending on context. The most important dividing lines are:

Is the leave statutory or purely company-granted?
Was there a valid reason and timely notice/documentation?
Did the employer follow due process and impose a proportionate penalty?

If you want, paste your company’s leave/disciplinary policy wording (remove names) and I can help you analyze how it aligns with Philippine labor standards and where the risk points are—on either the employee or employer side.