I. Overview
In the Philippine workplace, an employee who is absent without prior approval, absent beyond an approved leave, or accused of being absent without official leave is often required to submit an explanation letter. This letter is usually the employee’s first formal response to a Notice to Explain, also called an NTE or show-cause memo.
An explanation letter is not a mere apology note. In a possible disciplinary case, it may become evidence. It can affect whether the employer treats the absence as excusable, imposes a light penalty, suspends the employee, or proceeds to termination.
Philippine labor law protects employees from dismissal without just or authorized cause and without procedural due process. At the same time, employers are allowed to enforce attendance rules, require notice for absences, and discipline employees for unauthorized or habitual absenteeism.
The employee’s goal in writing an explanation letter is to show that the absence was justified, not willful, not habitual, properly communicated if possible, and supported by documents.
II. Legal Context: Security of Tenure and Due Process
Under the Philippine Constitution and the Labor Code, employees enjoy security of tenure. This means an employee cannot be terminated at will. The employer must prove both:
- Substantive due process — there is a valid legal ground for dismissal; and
- Procedural due process — the employee was given notice and a real opportunity to explain.
For ordinary private-sector employment, dismissal usually falls under:
A. Just causes
These are employee-related grounds under the Labor Code, commonly including:
- Serious misconduct;
- Willful disobedience of lawful orders;
- Gross and habitual neglect of duties;
- Fraud or willful breach of trust;
- Commission of a crime against the employer or the employer’s representative; and
- Other causes analogous to the above.
Absences are usually evaluated under gross and habitual neglect of duties, willful disobedience, violation of company attendance policy, or in some cases abandonment of work.
B. Authorized causes
These are business or health-related grounds, such as redundancy, retrenchment, closure, installation of labor-saving devices, or disease. Absence cases are usually not authorized-cause cases unless the issue involves long-term illness, medical incapacity, or inability to work.
III. Are Absences a Valid Ground for Termination?
Absence alone does not automatically justify termination. The employer must consider the facts, the company policy, the employee’s record, the reason for absence, whether the absence was reported, whether documents were submitted, and whether the penalty is proportionate.
1. A single absence is usually not enough for dismissal
One isolated absence, especially if caused by illness, emergency, accident, calamity, transportation disruption, family emergency, or another reasonable ground, will usually not be sufficient to justify termination.
However, a single absence may become serious if it caused major harm, involved dishonesty, violated a critical duty, occurred despite a direct lawful order, or happened in a sensitive role where attendance was essential.
2. Repeated unauthorized absences may be punishable
Repeated AWOL incidents can support disciplinary action. The employer may argue that the employee has shown neglect of duty, poor attendance, disregard of company rules, or lack of fitness to continue employment.
Still, the employer must prove the absences, apply the company rules fairly, and observe due process.
3. Habitual absenteeism may support dismissal
If the absences are frequent, unjustified, and covered by a clear attendance policy, dismissal may be considered valid depending on the circumstances. The phrase often used is gross and habitual neglect of duties. “Habitual” means repeated or recurring, not merely one accidental incident.
4. Abandonment is harder to prove than ordinary absence
Employers sometimes accuse absent employees of abandonment. In Philippine labor law, abandonment generally requires two elements:
- The employee failed to report for work or was absent without valid reason; and
- The employee clearly intended to sever the employer-employee relationship.
The second element is important. Mere absence is not automatically abandonment. Filing a complaint for illegal dismissal, sending messages asking to return, submitting an explanation letter, or reporting back to work may show that the employee did not intend to abandon the job.
IV. What Is a Notice to Explain?
A Notice to Explain is the employer’s written notice informing the employee of the specific charge or violation. In an absence case, it may state that the employee was absent on certain dates without approval, failed to notify the supervisor, failed to submit a medical certificate, exceeded approved leave credits, or violated a company attendance policy.
A proper NTE should generally include:
- The specific acts complained of;
- The dates of absence;
- The company rule allegedly violated;
- The possible penalty, especially if dismissal is possible;
- A directive to submit a written explanation;
- A reasonable period to respond; and
- Information about any administrative hearing or conference, if applicable.
A vague notice such as “Explain why you should not be disciplined for your absences” may be insufficient if it does not clearly identify the dates, facts, rules, or possible consequences.
V. The Two-Notice Rule
In Philippine dismissal cases, employers usually must follow the two-notice rule:
First notice: Notice to Explain
The first notice tells the employee the charge and gives the employee a chance to respond.
Opportunity to be heard
The employee must be given a meaningful chance to explain. This may be through a written explanation, a meeting, or an administrative hearing. A formal trial-type hearing is not always required, but the employee should have a fair chance to present their side, documents, and witnesses where necessary.
Second notice: Notice of decision
After considering the explanation and evidence, the employer must issue a second notice stating the decision and the reason for the penalty, especially if the penalty is dismissal.
An employee’s explanation letter is therefore a key part of procedural due process.
VI. What an Explanation Letter Should Accomplish
A strong explanation letter should do several things at once:
- Acknowledge the NTE without unnecessarily admitting guilt.
- Identify the absence dates clearly.
- Explain the reason for each absence.
- Show that the absence was not intentional, abusive, or in bad faith.
- Describe efforts to notify the company.
- Attach proof.
- Express willingness to comply with attendance rules going forward.
- Request consideration, reconsideration, or a lesser penalty.
- Avoid false statements, exaggeration, or emotional accusations.
The letter should be respectful, factual, concise, and evidence-based.
VII. General Structure of an Explanation Letter
A good explanation letter may follow this format:
1. Heading
Include your name, position, department, employee number, date, and the recipient.
Example:
Date: 5 May 2026 To: Human Resources Department Attention: [HR Manager / Supervisor] From: [Employee Name] Position: [Job Title] Subject: Explanation Regarding Absence on [Dates]
2. Opening statement
Acknowledge receipt of the NTE.
Example:
I respectfully submit this written explanation in response to the Notice to Explain dated [date], regarding my absence on [dates].
3. Factual explanation
State what happened. Be specific.
Example:
I was unable to report for work on [date] because I experienced severe fever and body weakness. I sought medical consultation on [date] and was advised to rest for [number] days.
4. Notice or communication made
Explain whether you informed your supervisor or HR.
Example:
I informed my immediate supervisor through text message at approximately [time] on [date]. A screenshot of the message is attached.
If you failed to notify, explain why.
Example:
I was unable to notify the company immediately because I was brought to the emergency room and did not have access to my phone during that period. I informed my supervisor as soon as I was able to do so.
5. Supporting documents
Mention attached evidence.
Examples:
- Medical certificate;
- Hospital record;
- Prescription;
- Barangay certificate;
- Police report;
- Death certificate;
- Funeral document;
- School notice;
- Court notice;
- Transportation advisory;
- Screenshots of messages;
- Call logs;
- Leave form;
- Prior approval from supervisor.
6. Assurance and corrective action
Show good faith.
Example:
I understand the importance of complying with the company’s attendance and notification procedures. I will ensure that future absences are reported promptly and supported by the required documents.
7. Request for consideration
End with a respectful request.
Example:
In view of the circumstances and the attached documents, I respectfully request that my absence be treated as justified or, at the least, that a lesser penalty be considered.
8. Signature
Include your name and signature.
VIII. What to Avoid in an Explanation Letter
1. Do not lie
False medical certificates, fabricated emergencies, edited screenshots, or invented excuses can make the situation worse. Dishonesty may become a separate ground for discipline.
2. Do not over-admit
Avoid statements like:
“I admit that I abandoned my work.”
or
“I know I committed gross neglect.”
Instead, say:
“I acknowledge that I was unable to report for work on the stated dates, but the absence was due to circumstances beyond my control.”
3. Do not attack HR or management
Avoid hostile statements such as:
“This NTE is unfair and illegal.”
A better version is:
“I respectfully clarify that I did not intend to violate company policy and that I had a valid reason for my absence.”
4. Do not submit a vague excuse
Weak:
“I had personal problems.”
Better:
“I had to attend to an urgent family medical emergency involving my mother, who was brought to [hospital] on [date]. Attached are the relevant documents.”
5. Do not ignore the deadline
Submit on time. If more time is needed to obtain documents, file a written request for extension before the deadline.
6. Do not forget proof of submission
Submit by email, HR receiving copy, company portal, or registered means. Keep proof that the explanation was submitted.
IX. Common Absence Scenarios and How to Explain Them
A. Absence Due to Illness
Illness is one of the most common reasons for absence. The letter should include the date of illness, symptoms if relevant, medical consultation, doctor’s advice, and documents.
Key documents
- Medical certificate;
- Prescription;
- Laboratory result;
- Hospital record;
- Fit-to-work clearance, if required.
Sample language
I was unable to report for work on [dates] due to illness. I experienced [brief description] and consulted Dr. [name] on [date]. I was advised to rest from [date] to [date]. I informed [supervisor] through [text/call/email] on [date/time]. Attached are my medical certificate and related documents.
Important note
A medical certificate should be authentic, dated, signed, and preferably contain the doctor’s license number and clinic details. Employers may verify medical documents if there is a legitimate reason, but medical privacy should still be respected.
B. Absence Due to Family Emergency
Family emergencies may be valid, but the employee should explain the urgency and why prior leave approval was impossible.
Key documents
- Hospital record of family member;
- Barangay certification;
- Death certificate;
- Funeral documents;
- Travel documents;
- Screenshots of messages to supervisor.
Sample language
I was unable to report for work on [date] because of an urgent family emergency involving [relationship]. The situation required my immediate presence and I could not secure prior approval. I notified [name] at [time] through [method]. Attached are documents supporting the emergency.
C. Absence Due to Death in the Family
Philippine law does not generally require all employers to provide bereavement leave unless the benefit exists under company policy, contract, collective bargaining agreement, or employer practice. Even so, death in the family is a strong humanitarian reason for absence.
Sample language
I was absent on [dates] due to the death of my [relationship]. I had to attend to immediate family obligations and funeral arrangements. I informed [supervisor/HR] on [date]. Attached is a copy of the death certificate/funeral document for reference.
D. Absence Due to Transportation Problems
Ordinary traffic is usually a weak excuse for absence. But extraordinary transportation disruptions may be considered, such as floods, typhoons, transport strikes, road closures, accidents, or lack of public transportation due to calamity.
Key documents
- News or government advisories;
- Barangay certification;
- Photos, if relevant;
- Screenshots of route cancellations;
- Messages to supervisor.
Sample language
I was unable to report for work on [date] because public transportation in my area was unavailable due to [flooding/transport strike/road closure]. I attempted to find alternative transportation but was unable to safely reach the workplace. I informed [supervisor] at [time]. Attached are supporting screenshots and advisories.
E. Absence Due to Calamity or Severe Weather
In the Philippines, typhoons, flooding, landslides, earthquakes, volcanic activity, and other calamities can affect attendance. The letter should show that the employee could not safely report to work or was directly affected.
Sample language
I was unable to report for work on [date] because our area was affected by [typhoon/flood/earthquake/etc.]. Roads were impassable and it was unsafe to travel. I informed my supervisor as soon as communication became available. Attached are photos, barangay certification, and relevant advisories.
F. Absence Due to Childcare or School Emergency
This may be especially relevant for solo parents or employees with minor children. The employee should be specific but not disclose unnecessary private details.
Sample language
I was unable to report for work on [date] because I had to attend to an urgent matter involving my child. The situation required my immediate presence and could not be postponed. I informed [supervisor] at [time]. Attached is [school notice/medical document/other proof], where applicable.
G. Absence Due to Detention, Legal Obligation, or Court Attendance
Absence due to legal obligations should be supported by official documents.
Key documents
- Subpoena;
- Court notice;
- Police blotter;
- Barangay summons;
- Certificate of appearance.
Sample language
I was absent on [date] because I was required to appear before [court/agency/barangay] in relation to [matter]. Attached is the official notice/certificate of appearance. I informed [supervisor/HR] on [date/time].
H. Absence Due to Mental Health Reasons
Mental health conditions may justify absence if properly supported. The employee does not need to disclose more than necessary. A medical certificate from a qualified professional is helpful.
Sample language
I was unable to report for work on [dates] due to a health condition that required medical attention and rest. I consulted a qualified medical professional and was advised to rest. Attached is the medical certificate for HR’s reference.
This wording protects privacy while still giving the employer a valid basis to evaluate the absence.
I. Absence Due to Pregnancy, Maternity, Miscarriage, or Gynecological Condition
Employees should check whether the absence falls under maternity leave, special leave benefits for women, sick leave, service incentive leave, company leave, or other applicable benefits.
Possible relevant benefits
- Maternity leave;
- Special leave benefit for women following surgery caused by gynecological disorders;
- Sick leave or service incentive leave;
- Company-provided medical leave.
Sample language
I was unable to report for work on [dates] due to a medical condition requiring consultation and rest. I have attached the relevant medical certificate and request that the absence be evaluated under the applicable leave benefit or company policy.
X. Philippine Leave Benefits Relevant to Absence Cases
Employees should check the Labor Code, special laws, company handbook, employment contract, collective bargaining agreement, and company practice.
Common leave-related benefits include:
1. Service Incentive Leave
Employees who have rendered at least one year of service are generally entitled to five days of service incentive leave, subject to legal exceptions. Some employees receive more favorable vacation or sick leave under company policy.
2. Maternity Leave
Qualified female workers are entitled to maternity leave benefits under the Expanded Maternity Leave Law. The law generally grants 105 days of paid maternity leave, with additional leave for qualified solo parents and an option for additional unpaid leave.
3. Paternity Leave
Qualified married male employees may be entitled to paternity leave for the childbirth or miscarriage of their lawful spouse, subject to requirements.
4. Solo Parent Leave
Qualified solo parents may be entitled to parental leave, subject to conditions under the Solo Parents’ Welfare Act, as amended.
5. Leave for Victims of Violence Against Women and Their Children
Qualified women employees who are victims under the Anti-VAWC law may be entitled to leave benefits.
6. Special Leave Benefit for Women
Women employees who undergo surgery caused by gynecological disorders may be entitled to special leave benefits, subject to legal requirements.
7. Company sick leave and vacation leave
Many employers provide sick leave and vacation leave beyond minimum law. These are governed by company policy, employment contract, CBA, or established practice.
8. Bereavement, emergency, birthday, calamity, or wellness leave
These are generally company-granted benefits unless provided by contract, CBA, policy, or special arrangement.
XI. Explanation Letter Versus Leave Application
An explanation letter is different from a leave application.
A leave application asks permission to be absent before the absence happens.
An explanation letter explains an absence after the fact or responds to a disciplinary notice.
When an employee was unable to file leave in advance due to emergency, the explanation letter should also request that the absence be charged against available leave credits, if appropriate.
Example:
I respectfully request that the absence be charged against my available sick leave/service incentive leave credits, subject to HR’s evaluation.
XII. What If the Employee Failed to Notify the Employer?
Failure to notify is often the biggest problem in absence cases. Even if the reason for absence was valid, the employer may still discipline the employee for failure to follow call-in procedures.
The letter should explain:
- Why notice was not given immediately;
- When the employee was first able to communicate;
- What steps were taken afterward;
- Why the failure was not intentional;
- How the employee will prevent recurrence.
Sample language
I acknowledge that I was unable to notify the company within the required period. This was not intentional. At the time, I was [confined / attending to an emergency / without access to communication / affected by power and signal interruption]. I contacted [name] as soon as I was able to do so. I understand the importance of timely notice and will make sure to comply with the reporting procedure in the future.
XIII. What If the Employee Was Absent for Several Days?
Multiple days of absence require a more detailed explanation. The employee should account for each date or date range.
Suggested format
| Date | Reason | Notice Given | Supporting Document |
|---|---|---|---|
| March 1 | Fever and consultation | Text to supervisor at 7:30 AM | Medical certificate |
| March 2 | Doctor-advised rest | Follow-up message to HR | Medical certificate |
| March 3 | Recovery period | Called supervisor | Prescription |
This prevents HR from treating unexplained dates as AWOL.
XIV. What If the Employee Has Prior Attendance Violations?
Prior violations make the explanation letter more important. The employee should not ignore past records if they are mentioned in the NTE.
A useful approach is:
- Explain the current incident;
- Distinguish it from prior incidents;
- Show improvement or corrective steps;
- Request proportionality.
Sample language
I understand that the company has previously reminded me regarding attendance. However, the absence subject of this Notice was due to [specific reason] and was not intentional. I have taken steps to avoid recurrence, including [arrangement, backup contact, medical follow-up, transportation plan]. I respectfully request that these circumstances be considered in determining the appropriate action.
XV. What If the Employee Received an NTE Threatening Termination?
If dismissal is a possible penalty, the explanation letter should be more formal and complete. The employee should address each allegation carefully.
Example structure for a termination-level NTE
- Acknowledge receipt of NTE.
- Deny abandonment or willful disregard, if applicable.
- Explain each absence date.
- Attach documents.
- Emphasize notice given or reason notice was impossible.
- State willingness to return to work.
- Cite length of service, good record, or absence of intent.
- Request that dismissal not be imposed.
Sample language
I respectfully deny that I abandoned my work or intended to sever my employment. My absence was caused by [reason], and I remained willing to report back to work. I communicated with [supervisor/HR] on [dates], and I am submitting the attached documents to support my explanation.
XVI. What If the Employer Refuses to Accept the Explanation Letter?
The employee should preserve proof of submission. Possible methods include:
- Email to HR and supervisor;
- Company HR portal submission;
- Personal submission with receiving copy;
- Registered mail or courier;
- Screenshot of upload confirmation;
- Text or chat message confirming receipt.
If HR refuses to receive a hard copy, the employee may send it by email and state:
Since my written explanation was not received in person, I am submitting the same by email for record purposes.
XVII. What If the Deadline Is Too Short?
The employee may request an extension, especially if documents are still being obtained.
Sample request for extension
I respectfully request an extension until [date] to submit my full written explanation and supporting documents. I am currently securing [medical certificate / hospital record / barangay certification / other document], which is necessary for a complete response. This request is made in good faith and not for delay.
Even if the extension is not granted, submit an initial explanation on time and state that additional documents will follow.
XVIII. What If the Employee Is Preventively Suspended?
In serious cases, the employer may place an employee under preventive suspension if the employee’s continued presence poses a serious and imminent threat to the life or property of the employer or co-workers.
Preventive suspension is not supposed to be punishment. It is a temporary measure during investigation. In ordinary absence cases, preventive suspension may be questionable unless there is another serious allegation.
The employee may respond by saying:
I respectfully submit that my continued presence does not pose a serious or imminent threat to company property, operations, or personnel. I remain willing to cooperate in the investigation and comply with reasonable directives.
XIX. The Role of Company Policy
Company rules matter. The employer may have policies on:
- Required call-in time;
- Who must be notified;
- Required medical certificate;
- Maximum number of absences;
- Tardiness and undertime rules;
- AWOL definition;
- Progressive discipline;
- Return-to-work clearance;
- Leave approval process;
- No-call, no-show penalties.
An explanation letter should refer to the policy when helpful.
Example:
I understand that the company policy requires notice at least [number] hours before the shift. I was unable to comply because [reason]. I notified my supervisor as soon as circumstances allowed.
If the employer did not consistently enforce the policy, the employee may respectfully raise equal treatment.
Example:
I respectfully request that my case be evaluated consistently with prior practice and the company’s progressive discipline policy.
XX. Proportionality of Penalty
Philippine labor law recognizes that dismissal is the ultimate penalty. Even where an employee committed an infraction, the penalty should be proportionate to the offense.
Relevant factors include:
- Length of service;
- Prior record;
- Number of absences;
- Whether the absences were justified;
- Whether notice was given;
- Whether the company suffered damage;
- Whether the employee acted in bad faith;
- Whether the employee falsified documents;
- Whether progressive discipline applies;
- Whether similarly situated employees were treated the same way.
A good explanation letter may include mitigating circumstances.
Example:
I have served the company for [number] years and have endeavored to perform my duties responsibly. This incident was caused by circumstances beyond my control and was not intended to disregard company policy. I respectfully request that dismissal not be imposed and that a lesser corrective measure be considered.
XXI. Special Issue: AWOL
“AWOL” means absence without official leave. It is a common workplace term, but it is not automatically equivalent to a valid legal ground for dismissal.
To defend against AWOL, the employee should show:
- There was a valid reason for absence;
- The employee notified the employer, or had a valid reason for not notifying;
- The employee submitted or attempted to submit documents;
- The employee intended to return to work;
- The employee did not ignore company communications;
- The employee did not take another job inconsistent with returning;
- The employee did not clearly abandon employment.
Sample anti-AWOL language
I respectfully clarify that I did not intend to be absent without leave or to abandon my employment. My absence was caused by [reason]. I informed [name] on [date/time], and I am willing to report back to work subject to company instruction.
XXII. Special Issue: Medical Certificates
Employers often require medical certificates for sick leave or extended absence. The employee should ensure the certificate is legitimate and complete.
A medical certificate ideally includes:
- Patient name;
- Date of consultation;
- Diagnosis or medical finding, if the patient consents to disclosure;
- Recommended rest period;
- Doctor’s name and signature;
- License number;
- Clinic or hospital details.
Employees should avoid submitting questionable online certificates, altered documents, or certificates issued without actual consultation. Falsification can be treated more seriously than the absence itself.
XXIII. Privacy and Sensitive Information
An employee may disclose enough information to justify the absence without revealing unnecessary intimate details.
For example, instead of describing a sensitive diagnosis in detail, the employee may write:
I was under medical care for a health condition that required rest from [date] to [date]. The medical certificate is attached for HR’s verification.
For mental health, reproductive health, domestic violence, or family crisis situations, the employee should balance proof with privacy.
XXIV. Sample Explanation Letter: Illness
Date: [Date] To: Human Resources Department Attention: [Name / Position] From: [Employee Name] Position: [Position / Department] Subject: Explanation Regarding Absence on [Dates]
Dear [Sir/Ma’am]:
I respectfully submit this explanation in response to the Notice to Explain dated [date], regarding my absence on [dates].
I was unable to report for work on the said dates because I suffered from [brief description of illness, if comfortable disclosing]. I consulted a physician on [date] and was advised to rest from [date] to [date]. I informed my immediate supervisor, [name], through [text/call/email] on [date/time]. A copy of my medical certificate and proof of communication are attached.
I understand the importance of complying with the company’s attendance and notification policies. My absence was not intentional and was due to a medical condition that prevented me from reporting for work. I remain willing to comply with any return-to-work requirement of the company.
In view of the foregoing, I respectfully request that my absence be considered justified and, if applicable, charged against my available leave credits.
Respectfully submitted, [Name and Signature]
XXV. Sample Explanation Letter: Family Emergency
Date: [Date] To: Human Resources Department From: [Employee Name] Subject: Explanation Regarding Absence on [Date/s]
Dear [Sir/Ma’am]:
I respectfully submit this written explanation regarding my absence on [date/s].
On [date], I had to attend to an urgent family emergency involving my [relationship]. The situation required my immediate presence and I was unable to secure prior leave approval. I notified [supervisor/HR] at approximately [time] through [method], as soon as I was able to do so.
I did not intend to disregard company policy or abandon my duties. The absence was caused by circumstances that required urgent attention. I have attached [supporting document] for reference.
I respectfully request the company’s consideration and ask that the absence be treated as justified or charged against any applicable leave credits.
Respectfully, [Name and Signature]
XXVI. Sample Explanation Letter: Failure to Notify on Time
Date: [Date] To: Human Resources Department From: [Employee Name] Subject: Explanation Regarding Absence and Delay in Notification
Dear [Sir/Ma’am]:
I respectfully submit this explanation in response to the Notice to Explain dated [date].
I acknowledge that I was unable to report for work on [date/s] and that I was not able to notify the company within the required period. This was not intentional. At the time, [explain reason: I was brought to the hospital / I had no phone access / there was no signal due to the calamity / I was attending to an emergency]. I contacted [name] on [date/time] as soon as I was able to communicate.
My absence was due to [reason], and not due to disregard of company rules or lack of willingness to work. Attached are [documents]. I understand the importance of timely notification and will make sure to follow the required procedure in the future.
I respectfully request that the company consider the circumstances and impose no penalty, or at most a lesser corrective action.
Respectfully submitted, [Name and Signature]
XXVII. Sample Explanation Letter: Alleged Abandonment
Date: [Date] To: Human Resources Department From: [Employee Name] Subject: Explanation Regarding Alleged Absence Without Leave / Abandonment
Dear [Sir/Ma’am]:
I respectfully submit this explanation in response to the Notice to Explain dated [date], regarding my alleged absence without leave and alleged abandonment of work.
I respectfully deny that I abandoned my employment or intended to sever my relationship with the company. My absence on [dates] was due to [specific reason]. I remained willing to return to work and did not intend to disregard my duties.
I communicated with [supervisor/HR] on [dates/times] through [method], and I am attaching copies of my messages and supporting documents. I am also ready to report back to work upon instruction, subject to any clearance or return-to-work requirement.
In view of these circumstances, I respectfully request that the allegation of abandonment be dismissed and that my absence be considered justified or subject only to an appropriate lesser measure.
Respectfully submitted, [Name and Signature]
XXVIII. Sample Explanation Letter: Calamity or Flooding
Date: [Date] To: Human Resources Department From: [Employee Name] Subject: Explanation Regarding Absence on [Date]
Dear [Sir/Ma’am]:
I respectfully submit this explanation regarding my absence on [date].
I was unable to report for work because our area was affected by [flooding/typhoon/landslide/other calamity]. Roads were impassable and it was unsafe to travel to the workplace. I attempted to find available transportation, but I was unable to safely report for duty. I informed [supervisor] at [time] through [method], as soon as communication was available.
Attached are [photos, barangay certification, advisories, screenshots, or other proof]. My absence was caused by circumstances beyond my control and not by any intention to violate company policy.
I respectfully request the company’s consideration.
Respectfully, [Name and Signature]
XXIX. Sample Explanation Letter: Multiple Absences
Date: [Date] To: Human Resources Department From: [Employee Name] Subject: Explanation Regarding Absences on [Dates]
Dear [Sir/Ma’am]:
I respectfully submit this written explanation in response to the Notice to Explain dated [date].
I was unable to report for work on the following dates for the reasons stated below:
| Date | Reason | Notice Given | Supporting Document |
|---|---|---|---|
| [Date] | [Reason] | [Method/time] | [Document] |
| [Date] | [Reason] | [Method/time] | [Document] |
| [Date] | [Reason] | [Method/time] | [Document] |
I respectfully clarify that these absences were not intentional and were not meant to disregard company policy. I informed [supervisor/HR] when I was able to do so and have attached supporting documents for HR’s evaluation.
I understand the importance of attendance and proper notification. I will take steps to avoid recurrence, including [specific corrective action].
I respectfully request that the company consider the circumstances and impose no penalty or a lesser corrective action.
Respectfully submitted, [Name and Signature]
XXX. What Evidence Should Be Attached?
The best explanation letter is supported by proof. Useful documents include:
| Reason for Absence | Possible Supporting Evidence |
|---|---|
| Illness | Medical certificate, prescription, lab result, fit-to-work clearance |
| Hospitalization | Hospital admission/discharge record, billing statement, doctor’s note |
| Family emergency | Hospital record, barangay certificate, affidavit, proof of relationship |
| Death in family | Death certificate, funeral documents, obituary, travel proof |
| Calamity | Barangay certificate, photos, government advisories, news screenshots |
| Transport disruption | Operator notice, route advisory, transport strike announcement |
| Legal obligation | Subpoena, court notice, certificate of appearance |
| Child emergency | School notice, medical record, message from school |
| Communication proof | Screenshots, call logs, email copy, chat history |
Documents should be relevant, authentic, and readable.
XXXI. How to Respond During an Administrative Hearing
If the employer schedules a hearing or conference, the employee should prepare.
Before the hearing
- Review the NTE;
- Bring a copy of the explanation letter;
- Bring original and photocopies of documents;
- Prepare a simple timeline;
- Identify witnesses if necessary;
- Review company attendance rules;
- Prepare to answer why notice was delayed, if applicable.
During the hearing
- Be respectful;
- Answer directly;
- Do not speculate;
- Do not make false statements;
- Ask that documents be received;
- Ask for minutes or record of the meeting;
- Clarify that there was no intent to abandon work.
After the hearing
The employee may submit a supplemental explanation if new issues were raised.
XXXII. Legal Arguments Commonly Used by Employees
Depending on the facts, an employee may raise the following points:
1. The absence was justified
The employee was sick, affected by emergency, prevented by calamity, or had another valid reason.
2. There was no intent to abandon work
The employee communicated, returned, attempted to return, or submitted an explanation.
3. The penalty is too harsh
Even if there was a violation, dismissal may be disproportionate.
4. The company failed to follow its own policy
The employer may have skipped progressive discipline, ignored leave credits, or failed to hold a required conference.
5. The NTE was vague
The employee was not properly informed of the dates, charges, rules, or possible penalty.
6. The employee was denied reasonable time to explain
The employee may argue that the response period was unreasonably short or documents could not be obtained in time.
7. Similar employees were treated differently
Unequal or selective enforcement may be relevant.
8. The employer already condoned the absence
If the employer previously accepted documents, approved leave, or allowed return to work without reservation, later dismissal may be questionable depending on the facts.
XXXIII. Legal Arguments Commonly Used by Employers
Employers may argue:
1. Violation of attendance policy
The employee failed to comply with call-in, leave approval, or reporting rules.
2. Habitual absenteeism
The employee had repeated unauthorized absences despite warnings.
3. Operational disruption
The absences affected productivity, client commitments, scheduling, or team operations.
4. Failure to submit documents
The employee did not support the reason for absence.
5. Dishonesty
The employee submitted false, altered, inconsistent, or suspicious documents.
6. Abandonment
The employee failed to report for a prolonged period and allegedly showed intent not to return.
A good explanation letter should anticipate these arguments.
XXXIV. What Happens If the Employer Still Terminates the Employee?
If the employer terminates the employee despite the explanation, the employee may consider remedies such as:
1. Internal appeal or motion for reconsideration
Some company policies allow appeal to higher management.
2. Request for final documents
The employee may request the notice of decision, computation of final pay, certificate of employment, and copies of relevant employment records.
3. SEnA before DOLE
The employee may initiate the Single Entry Approach process for conciliation and possible settlement.
4. Illegal dismissal complaint before the NLRC
If unresolved, the employee may file a complaint for illegal dismissal, money claims, damages, attorney’s fees, or other relief before the National Labor Relations Commission, depending on the circumstances.
5. Claims that may arise
Possible claims may include:
- Reinstatement or separation pay in lieu of reinstatement;
- Backwages;
- Unpaid wages;
- 13th month pay;
- Service incentive leave pay;
- Final pay;
- Damages in proper cases;
- Attorney’s fees in proper cases.
The exact remedy depends on whether the dismissal was substantively invalid, procedurally defective, or both.
XXXV. Illegal Dismissal Analysis in Absence Cases
In an illegal dismissal case involving absences, the key questions are usually:
- Was the employee absent?
- Were the absences authorized or justified?
- Did the employee notify the employer?
- Was there a valid company policy?
- Was the policy reasonable?
- Was the policy consistently enforced?
- Was the employee habitually absent?
- Was the penalty proportionate?
- Did the employee intend to abandon work?
- Did the employer issue a proper NTE?
- Was the employee given enough opportunity to explain?
- Did the employer issue a proper decision notice?
- Did the employer prove the facts with substantial evidence?
The employer bears the burden of proving that dismissal was valid.
XXXVI. Practical Checklist Before Submitting the Explanation Letter
Before submitting, confirm that the letter:
- Identifies the NTE date;
- Lists the exact absence dates;
- Explains each absence;
- States when and how notice was given;
- Explains any delay in notice;
- Attaches supporting documents;
- Avoids false or exaggerated claims;
- Avoids unnecessary admissions;
- States willingness to report back to work;
- Requests consideration or lesser penalty;
- Is signed and dated;
- Is submitted before the deadline;
- Has proof of submission.
XXXVII. Best Tone for the Letter
The best tone is:
- Respectful;
- Factual;
- Calm;
- Cooperative;
- Accountable without self-incrimination;
- Firm where necessary.
Poor tone:
“HR is harassing me and this NTE is baseless.”
Better tone:
“I respectfully submit that my absence was caused by circumstances beyond my control and was not intended to violate company policy.”
Poor tone:
“I was absent because of personal reasons.”
Better tone:
“I was absent due to an urgent family medical emergency, as supported by the attached document.”
Poor tone:
“I promise it will never happen again.”
Better tone:
“I understand the importance of attendance and have taken steps to prevent recurrence.”
XXXVIII. Strong Phrases to Use
Useful phrases include:
- “I respectfully submit this explanation…”
- “I did not intend to disregard company policy…”
- “The absence was caused by circumstances beyond my control…”
- “I informed my supervisor as soon as I was able…”
- “Attached are supporting documents…”
- “I remain willing to report back to work…”
- “I respectfully deny any intention to abandon my employment…”
- “I request that the circumstances be considered…”
- “I request that a lesser corrective measure be considered…”
- “I understand the importance of complying with attendance procedures…”
XXXIX. Phrases to Avoid
Avoid:
- “I admit I abandoned my work.”
- “I know I deserve to be terminated.”
- “I lied because I had no choice.”
- “Everyone does this anyway.”
- “HR has no right to ask me.”
- “I was absent because I did not feel like working.”
- “I cannot submit proof.”
- “This is none of the company’s business.”
- “I will sue you if you discipline me.”
XL. Model Full Explanation Letter for Serious AWOL Charge
Date: [Date] To: Human Resources Department Attention: [HR Manager] From: [Employee Name] Position/Department: [Position / Department] Subject: Written Explanation Regarding Notice to Explain Dated [Date]
Dear [Sir/Ma’am]:
I respectfully submit this written explanation in response to the Notice to Explain dated [date], concerning my alleged absences on [dates] and the alleged violation of the company’s attendance policy.
I acknowledge that I was unable to report for work on the said dates. However, I respectfully clarify that my absence was due to [specific reason], and not because of any intention to disregard company rules or abandon my employment.
On [date], [explain what happened in chronological order]. Because of this situation, I was unable to report for work. I informed [name/designation] through [text/call/email] at around [time] on [date]. Copies of my messages/call logs are attached.
For the succeeding dates, [explain continuing reason]. I also [consulted a doctor / attended to emergency / secured documents / attempted to communicate / reported back], as shown by the attached [medical certificate / certificate / documents].
I respectfully deny that I abandoned my work. I remained willing to continue my employment and to report back to work as soon as I was able. My absence was caused by circumstances beyond my control, and I did not intend to sever my employment with the company.
I understand the importance of complying with the company’s attendance and notification requirements. I have taken steps to prevent a similar incident, including [specific steps]. I respectfully request that the company consider the circumstances, my supporting documents, my length of service, and my willingness to continue working.
In view of the foregoing, I respectfully request that the charge be dismissed, or that my absence be considered justified or subject only to a lesser corrective measure rather than termination.
Respectfully submitted, [Employee Name] [Signature] [Contact Information]
Attachments:
- [Medical certificate / proof]
- [Screenshot of message]
- [Other documents]
XLI. Final Legal and Practical Points
An explanation letter can help prevent termination when it shows that the employee acted in good faith, had a valid reason for the absence, communicated as soon as possible, and remains willing to work.
The most important principles are:
- Do not ignore an NTE.
- Submit the explanation on time.
- Be truthful.
- Be specific.
- Attach proof.
- Do not admit abandonment.
- Explain communication efforts.
- Request proportionate treatment.
- Keep proof of submission.
- Prepare for a hearing if scheduled.
In the Philippine setting, employers may discipline employees for unauthorized or habitual absences, but they cannot lawfully dismiss an employee merely by labeling the employee AWOL. The employer must prove a valid cause, observe due process, and impose a penalty that is fair under the circumstances.