Re:termination of employment due to habitual absenteeism
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Re:termination of employment due to habitual absenteeism

vernzfilarca Started The Discussion:

may i know if the following circumstances constitutes habitual absenteeism as basis for terminating the employment of an employee.

FACTS:
On June 08, 2011, the Ee sent a letter requesting for a two weeks leave allegedly due to severe anemia. She/He was then absent from June 16-18, June 20-25, and June 27-30, 2011. Er received a medical certificate dated June 28, certifying that she/he is still fit to work on July 04, 2011.
After said dates, she/he again incurred absences for the month of July for ten (10) days and for the month of August, she/he was absent for seven (7) and one-half (1/2) days.
Thus, on the 6th day of September 2011, a memorandum was issued and sent to the Ee about her/his repeated/habitual absences. In that memorandum, it specifies the dates of her/his absences for the month of May to August 2011. he/she was also directed to explain why he/she should not be penalized for habitual absenteeism. With reference to her/his letter dated September 07, 2011, the Er is informed that the Ee incurred said absences due to health reason-“vertigo”. Due to this, he/she was advised to submit a medical certificate to prove that she/he is still fit to work. For failure to immediately furnish the Er of said document, despite repeated reminders made by the human resource department, another memorandum dated October 14, 2011 was issued to her/him asking her/his explanation why he/she should not be terminated for gross and habitual neglect of duties due to habitual absenteeism. she/he sent the Er a letter dated October 21, stating that he/she already give and furnish the company the required medical certificate. However, it came to realized that she/he is just referring to the medical certificate dated June 28, 2011 which she/he had previously given to us on the same month. If we were going to analyze it, said certificate would only treat the absences for the month of June and not for the succeeding months.
SUMMARY OF ABSENCES
No. of absences for the year 2010=63 & ½ days
January= 3 & 1/2 days
February=5 days
March=6 & 1/2 days
April=5 & ½ days
May=4 days
June-3days
July=11 days
August=6 & 1/2days
September = 4 days
October = 4 & ½ days
November =5 & ½ days
December = 5 days

No. of absences for the year 2011=64 & ½ days
January= 6 days
February=2 days
March=4 1/2 days
April=3 ½ days
May=3 days
June-15 ½ days
July=8 days
August=6 days
September = 3days
October = 3days
November = 4 ½ days
December = 4 ½ days

January 2012 = 5 days

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