Here’s a practical, everything-you-need explainer on Habitual Absenteeism Threshold under Philippine labor law—what it really means, how employers should set and enforce it, and how employees can defend themselves. No web lookups used.

Habitual Absenteeism (Philippines): The Complete Guide

1) The big picture (don’t skip this)

There is no magic number in the Labor Code that says “X absences = habitual.”
What the law provides is a just cause for dismissal called “gross and habitual neglect of duties.” Habitual absenteeism (and chronic, unauthorized tardiness/undertimes that amount to absence from duty) can fall under this—but only when it is repeated, frequent, and significant enough to show neglect, and after due process.
Because the Code does not fix a count, you must look at:
1. A clear company policy (or CBA) that defines attendance rules and the threshold/point system;
2. Consistent enforcement; and
3. The totality of circumstances—frequency, pattern, past warnings, job impact, and whether absences were authorized or legally protected.

2) What “habitual” means in practice

“Habitual” = repeated and frequent over a period, not a one-off. Decision-makers look for:

Pattern: clustered or recurring unauthorized absences (e.g., Mondays/Fridays, post-payday, after shift assignments).
Volume & proximity: sheer number and how close together they are.
Prior notice/warnings: whether the employee was warned or suspended before.
Operational impact: missed shifts critical to operations, safety/supervision gaps.
Employee rank/role: higher responsibility often demands stricter reliability.

Important: Excused or legally protected absences (see §6) cannot be used to brand someone “habitual.”

3) Company policy is king (but it must be fair)

Since the Code doesn’t give a numeric threshold, the employer must:

Publish a written attendance policy (or CBA rule) that:
- Defines absence, tardiness, undertimes, and what makes them authorized vs. unauthorized;
- Sets a reasonable, specific threshold (e.g., a points system or counts within a defined look-back: per month/quarter/year);
- Explains progressive discipline (verbal/written warning → suspension → dismissal);
- Identifies protected absences that are excluded; and
- Specifies documentation requirements (leave forms, medical certs, emergency proof).
Apply consistently to all similarly situated employees. Disparate treatment invites claims of bad faith or discrimination.
Tailor to the work: 24/7 ops and safety-critical work can justify tighter thresholds—but they still must be reasonable and communicated.

4) Typical, defensible thresholds (illustrative only)

(Your policy/CBA should set the actual rule. These examples show how companies operationalize “habitual.”)

Points system:
- Unexcused absence = 1.0 point;
- Late/undertime ≥ 60 mins = 0.5 point;
- Threshold (e.g.) 5 points in 60 days → written warning; 8 points in 90 days → suspension; 12 points in 120 days → dismissal. Always exclude protected/authorized leaves.
Count system:
- 3–4 unexcused absences in a month or 6–8 in a rolling 12-week period triggers serious discipline;
- Two prior disciplinary actions + continued unexcused absences = case for habitual neglect.

These are not legal ceilings. They’re examples of reasonable, published standards many employers adopt—and that adjudicators tend to find fair if applied uniformly and with due process.

5) Due process (non-negotiable)

Before demotion/suspension/dismissal for habitual absenteeism:

First Written Notice (charge sheet)
- Specify dates of each alleged unauthorized absence/tardiness, the policy/CBA clause violated, and attach timekeeping logs/biometric records.
- Give a reasonable time (commonly 5 calendar days) to explain and submit proofs (e.g., medical certificates, leave approvals).
Opportunity to be heard
- Hold a conference/hearing; allow the employee to present documents/witnesses or submit a written explanation (with a representative if desired).
Second Written Notice (decision)
- State findings, the rule violated, why the conduct is habitual, and the penalty (proportional to gravity and prior record).

Preventive suspension is allowed only if the employee’s presence poses a serious and imminent threat to persons/property/records—and it’s time-bound (max 30 days; pay if extended).

6) Absences you must not count (protected/authorized)

Leave these out of your threshold/points:

Statutory leaves: maternity, paternity, parental/special leaves (e.g., Solo Parent), women’s Magna Carta special leave for gynecologic surgery, VAWC 10-day leave, and other leaves provided by law.
SSS/EC sickness/injury periods supported by medical certification.
Occupational safety removals from duty or medical isolation directed by the employer/doctor.
Official business and approved leaves (vacation/sick) per policy/CBA.
Force majeure (natural disasters/transport shutdowns) when the law, government order, or policy excuses attendance.
Legally protected activities (e.g., lawful union duties authorized by CBA/management, lawful compliance with subpoenas/DOLE orders).

Counting protected time off as “absences” is a classic reason cases are lost.

7) Proportionality: picking the right penalty

First cluster of unexcused absences → written warning + coaching/PIP.
Repeat within look-back → short suspension.
Persistent pattern after prior discipline → dismissal for gross and habitual neglect.
Consider mitigating factors: length of service, past good record, documented medical conditions (and whether reasonable accommodation was attempted), and any employer contribution (e.g., frequent scheduling changes).

8) Building (or breaking) a case: documents that matter

Employer should have:

Published policy/CBA + proof of employee receipt/orientation.
Time records (biometric/DTR), shift rosters, leave apps/approvals, AWOL memos, return-to-work directives.
Prior notices/penalties and acknowledgments.
Business impact notes (missed handovers, safety risks, service level hits).
Matrix excluding protected absences, showing only unauthorized counts.

Employee should gather:

Approvals (emails, HRIS screenshots), medical certificates/fit-to-work, proof of force majeure (advisories), and policy clauses supporting excusal.
Evidence of inconsistent enforcement (comparators) or retaliation (timing around complaints/union activity).
Accommodation requests (if disability/health is involved) and employer responses.

9) Habitual absenteeism vs. abandonment

Habitual absenteeism = repeated unauthorized absences showing neglect of duty.
Abandonment = failure to report plus a clear intention to sever the employment relationship (e.g., ignoring return-to-work orders, saying you won’t come back, taking a new job and disappearing).
Multiple absences alone do not prove abandonment; intent is the key.

10) Payroll rules you’ll be asked about

No work, no pay applies to unworked days, unless they are paid leaves (statutory or approved) or holiday pay rules say otherwise.
Deductions for unworked time must follow policy/CBA and wage rules; never deduct penalties beyond what policy allows.
Attendance incentives (if any) are separate and may be withheld according to clear criteria (watch the non-diminution rule for long-established benefits).

11) Common mistakes that sink cases

No published threshold/point system; or policy sprung mid-case.
Counting excused/protected days in the “habitual” tally.
Skipping twin-notice due process (“verbal warnings only”).
Inconsistent enforcement across employees/teams.
Unreasonable thresholds (e.g., dismissal after two unexcused absences with no prior discipline).
Using tardiness minutes as full “absences” without a written rule that equates them.

12) Model, policy-ready language (adapt to your CBA/handbook)

Unauthorized Absence: Any missed scheduled workday (or scheduled hours) without approved leave or valid excuse under this Policy. Protected Time: Statutory leaves and approved leaves under §__ are excluded from attendance calculations. Threshold: Within any rolling 90-day period, 6 unauthorized absences (or equivalent per §__ for cumulative undertimes) = Habitual Absenteeism. Discipline: 1st breach—written warning; 2nd within 6 months—3-day suspension; 3rd within 12 months—dismissal for gross and habitual neglect. Due Process: The Company will observe twin-notice and hearing, and will consider medical documentation and mitigating factors.

(Replace numbers with those that fit your operations and CBA.)

13) For HR: a defensible workflow (print-friendly)

Screen: Exclude protected days → compute points/counts.
Verify: Cross-check DTR/biometrics vs. leave approvals and rosters.
Charge: Serve 1st Notice with date-by-date annex; give 5 days to explain.
Hear: Hold conference; evaluate proofs (medical, force majeure, approvals).
Decide: Apply progressive discipline; issue 2nd Notice with reasons and policy cites.
Record: File case docs; track look-back windows for consistency.
Coach/Accommodate: For health/disability issues, document any reasonable accommodations offered.

14) For employees: quick defense checklist

☐ Gather leave approvals, emails, medical certs, advisories (transport/weather).
☐ Submit a timeline rebutting each alleged date.
☐ Cite policy/CBA clauses on excused absences and protected leaves.
☐ Raise comparators (others with similar records but lighter penalties).
☐ If applicable, request reasonable accommodation (temporary schedule changes, WFH for recovery) with medical backing.

15) Remedies and timelines

If you’re dismissed and you believe the threshold/application was unlawful or due process was denied, you may file:
- SEnA (conciliation at DOLE), then if unresolved → NLRC complaint for illegal dismissal/money claims.
Prescriptive periods: generally 4 years for illegal dismissal (injury to rights); 3 years for money claims (wage/benefit differentials).

16) FAQs

Q: Is there a law that says “3 absences = habitual”? A: No. The Labor Code gives principles, not numbers. Your policy/CBA should set the threshold, applied with due process.

Q: Can tardiness add up to absenteeism? A: Yes if your written policy equates accumulated undertimes/tardies to an absence (e.g., hours adding up to a full shift).

Q: Are medical certificates automatically accepted? A: They’re prima facie proof; employers may verify authenticity/reasonableness in good faith but shouldn’t arbitrarily reject them.

Q: Can we dismiss on a first offense? A: Rarely defensible. Without prior discipline and a particularly grave pattern/impact, expect tribunals to require progressive discipline.

Q: We’re a unionized site. Which controls—CBA or policy? A: The CBA controls where it speaks. Align your handbook to the CBA’s thresholds and steps.

Bottom line

The Labor Code does not fix a numeric “habitual absenteeism” threshold. Employers must define a reasonable standard, publish it, exclude protected absences, and apply progressive discipline with twin-notice due process. Employees can defeat “habitual” labels by showing authorization, legal protection, medical proof, accommodation needs, or inconsistent enforcement. A well-designed, consistently applied attendance policy—backed by solid records—is what wins (or loses) these cases.