Stewards Update  >>  June 2004

AWOL

AWOL An absence from duty that is not authorized by the agency—or for which a request for leave has been properly denied—may be recorded as AWOL. It is well established that in the absence of a valid excuse, it is the employee’s responsibility to report to work when expected. However, employees and their managers often disagree over whether an employee’s excuse is indeed “valid.” The determination of whether an employee’s excuse is valid must be made on a case-by-case basis evaluating all the pertinent facts, e.g., the reason the employee was absent, documentation of the reason for the absence, how other similarly situated employees have been treated, etc. Although AWOL might serve as a valid basis for discipline, under most circumstances, AWOL is not itself considered discipline. The placement of an employee on AWOL instead of on approved leave is not a constructive suspension or enforced leave unless the agency prevents the employee from returning to work.
Generally, AWOL charges that have not otherwise resulted in an adverse action can be appealed only through grievances under collective bargaining agreements. But, if an AWOL charge is alleged to be an unfair labor practice or a prohibited personnel practice, it may instead be appealed to the Federal Labor Relations Authority or the Office of Special Counsel respectively. In all instances, the employee must show that the absence from duty was legitimate. However, in order to prevail on an AWOL charge after the employee has established the legitimacy of the absence, the agency must show both that the employee was absent and that either the absence was not authorized or that a request for leave was properly denied.
Thus, in order for the agency to properly charge an employee with AWOL, it is not enough to show that an employee was absent from work without approval; the agency must also show that its denial of the leave was proper. Employees are sometimes charged with AWOL because they failed to follow the procedures for requesting leave. However, agencies must grant leave requests when employees provide proper evidence of incapacitation due to illness or injury and may not properly charge AWOL for such periods, regardless of whether employees complied with leave procedures. The same is true for absences without advance approval due to documented family emergencies.
Further, an agency may not charge an employee AWOL for dates on which he/she receives or is entitled to receive benefits from the Office of Workers’ Compensation Programs. If an agency does discipline an employee for failure to follow leave request procedures, the agency (in order to prevail) must also identify the adverse impact(s) caused by the employee’s absence.