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Accused with AWOL because of extending my Paternal leave

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allanna_4998


Arresto Menor
I was charge with the following violation:

A.For failure to report back to work after serving his seven (7) days Paternal Leave on June 9, 2011.

a.That the respondent went on extended leave without prior notification/approval from his Immediate Superior.

b.That the respondent did not report back to work as expected which is June 20, 2011.

I was charge with AWOL with a penalty of Termination. thy gave me a notice to explain and this is my reply:

"In June 09, 2011 at around 11:45 am, my wife called me stating that she was ordered by her Doctor to be admitted to a hospital and in need to have an emergency C-Section (Caesarean Section) for she is suffering with Pre-eclampsia. In that instance I immediately seek/secure a Leave form for a Paternal Leave and that I might extend due to the condition of my wife. After securing the leave form I submit this to the HRD department specifically to “Aya”, I told her that I may need to extend my leave due to the condition of my wife and I asked here do I need to file it or create another leave form for that, and then she ask me where will I charge my extended leave and I told here If I can use my available days for offset? She said “yes”. So I told her again do I need to secure a leave form for that, she said “No Need” I just have to write it down in my paternal leave that “In excess to 7 days, please charge to my offset” so I did. And before I leave the HRD room I ask here again “Aya, ok naba yan? Wala na ba akong dapat pang gawin?” And she replied “Wala na Sir, Ok na po Sir”. So for all I know all is well for my leave of absence. If you are implying that my extension for my paternal leave was not approved, Aya or any personnel of the HRD department should inform me that my extension was not approve and I should seek approval for it for if not I will be accused of AWOL. If that happens, I am more than willing to comply but no, there are no attempts to inform me of such, they have all the means of contacting me."

I have read our company policy and it states that "Failure to return to work promptly upon expiration of leave of absence w/o valid reason" first offence is 6 days suspension. Is it just to give me AWOL with a penalty of dismissal? were in fact the above offense is the right case they should gave me?

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allanna_4998 wrote:I was charge with the following violation:

A.For failure to report back to work after serving his seven (7) days Paternal Leave on June 9, 2011.

a.That the respondent went on extended leave without prior notification/approval from his Immediate Superior.

b.That the respondent did not report back to work as expected which is June 20, 2011.

I was charge with AWOL with a penalty of Termination. thy gave me a notice to explain and this is my reply:

"In June 09, 2011 at around 11:45 am, my wife called me stating that she was ordered by her Doctor to be admitted to a hospital and in need to have an emergency C-Section (Caesarean Section) for she is suffering with Pre-eclampsia. In that instance I immediately seek/secure a Leave form for a Paternal Leave and that I might extend due to the condition of my wife. After securing the leave form I submit this to the HRD department specifically to “Aya”, I told her that I may need to extend my leave due to the condition of my wife and I asked here do I need to file it or create another leave form for that, and then she ask me where will I charge my extended leave and I told here If I can use my available days for offset? She said “yes”. So I told her again do I need to secure a leave form for that, she said “No Need” I just have to write it down in my paternal leave that “In excess to 7 days, please charge to my offset” so I did. And before I leave the HRD room I ask here again “Aya, ok naba yan? Wala na ba akong dapat pang gawin?” And she replied “Wala na Sir, Ok na po Sir”. So for all I know all is well for my leave of absence. If you are implying that my extension for my paternal leave was not approved, Aya or any personnel of the HRD department should inform me that my extension was not approve and I should seek approval for it for if not I will be accused of AWOL. If that happens, I am more than willing to comply but no, there are no attempts to inform me of such, they have all the means of contacting me."

I have read our company policy and it states that "Failure to return to work promptly upon expiration of leave of absence w/o valid reason" first offence is 6 days suspension. Is it just to give me AWOL with a penalty of dismissal? were in fact the above offense is the right case they should gave me?

The company policy is very explicit that AWOL as first offense would only be meted with a suspension. The dismissal is too harsh a punishment considering that the intention to extend is with cognizance of the HRD staff who because of ineptitude failed to exercise due diligence.

This can be a ground for illegal dismissal. Sad

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allanna_4998


Arresto Menor
Thank you for the advice but what if the HRD still push this allegation on me, how do I proceed this to Labor to file for illegal dismissal?

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if you are in the NCR, you can file a complaint at NLRC Banaue, QC there is a pro forma form that you need to fill up. Make sure that you will be able to secure the principal address of your employer and implead the president and/or ceo or the hrd head as a form of leverage.

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