HR Advice Hub

How Long Does an Employee Have to Be AWOL Before You Can Dismiss Them?

When an employee stops turning up for work and doesn't make contact, it can leave employers wondering how long they need to wait before they can take action.

Three days? A week? Two weeks? There isn't actually a set period of time an employee has to be absent without leave (AWOL) before you can consider dismissal. What matters is the circumstances, what you've done to try to establish what's happened, and whether you've followed a fair process.

What Does AWOL Mean?

AWOL means absent without leave. In an employment context, it's commonly used when an employee doesn't attend work as expected and hasn't been given permission to be absent. You might also hear this described as unauthorised absence.

That could mean someone doesn't turn up for a shift and doesn't contact their manager, but the circumstances can vary considerably. An unexplained absence shouldn't automatically be treated as someone deliberately refusing to attend work. There could be a genuine reason why they haven't been able to make contact.

Is There a Set Number of Days Before You Can Dismiss Someone Who Is AWOL?

No. There is no rule that says an employee can automatically be dismissed once they have been AWOL for a particular number of days. Waiting seven days, for example, doesn't suddenly make a dismissal fair.

Equally, employers don't necessarily have to allow an unexplained absence to continue indefinitely. The important thing is what has happened during the absence and whether the employer has taken reasonable steps to understand the situation before making a decision.

What Should You Do When an Employee Doesn't Turn Up?

If an employee unexpectedly fails to attend work, the first step will usually be to try to contact them. You might:

• call the employee

• send a text or email

• try alternative contact details you hold

• consider contacting their emergency contact where appropriate, particularly if there are genuine welfare concerns

• keep a record of the attempts you've made to reach them

The circumstances matter. If someone who has always been reliable suddenly disappears without explanation, you might approach that differently from an employee who has repeatedly failed to attend work or follow your absence reporting procedure.

You should also consider whether you know of any circumstances that could explain the absence or difficulty making contact.

What Should the AWOL Process Look Like?

There isn't a statutory timetable that says employers must take particular steps on particular days. Your approach should be reasonable and reflect the circumstances. As a general guide, this might look something like:

On the first day: Try to contact the employee and establish why they haven't attended work. Consider whether there are any immediate welfare concerns.

If the absence continues: Make further reasonable attempts to contact them. If necessary, write to the employee setting out your concerns and asking them to make contact.

If you still receive no response: You may need to make it clear that their continued unauthorised absence is a serious concern and could result in disciplinary action.

If they continue not to engage: You may ultimately need to progress the matter through your disciplinary procedure and make a decision based on the information available.

This isn't a formula to follow in every case. An employer shouldn't simply decide that reaching a certain day automatically triggers the next stage.

Can You Start a Disciplinary Process While Someone Is AWOL?

Potentially, yes. If you've made reasonable attempts to contact the employee and they remain absent without explanation, you don't necessarily have to wait indefinitely before progressing the matter.

Where disciplinary action is being considered, employers should have regard to the ACAS Code of Practice on disciplinary and grievance procedures. A fair process will normally involve establishing the facts, explaining the concerns to the employee and giving them a reasonable opportunity to respond before a decision is made.

You may decide to write to the employee explaining your concerns, the attempts you've made to contact them and what you need them to do. If there is still no response, you may ultimately need to consider formal action under your disciplinary procedure.

Is AWOL Always a Conduct Issue?

Not necessarily. At the point an employee doesn't turn up and hasn't contacted you, you may simply have an unexplained absence. What you subsequently discover could completely change how the situation needs to be managed.

For example, an employee may have been unexpectedly admitted to hospital and genuinely unable to contact their employer. That is very different from an employee deliberately refusing to attend work and ignoring repeated attempts to contact them.

This is one of the reasons employers shouldn't decide at the outset that an employee's absence amounts to misconduct. Establish the facts first. Then decide what, if anything, needs to be addressed.

Can AWOL Be Gross Misconduct?

It can be, but AWOL isn't automatically gross misconduct. The circumstances need to be considered.

For example, deliberately refusing to attend work or remaining absent despite repeated instructions to make contact could potentially be viewed very differently from an employee who had a genuine reason for both their absence and their inability to contact you. Length of absence can form part of that assessment, but it isn't the only factor. You may also need to consider:

• the reason for the absence

• whether the employee could reasonably have contacted you

• previous attendance or conduct concerns

• what your policies say

• whether the employee has ignored attempts to contact them

• whether there are any mitigating circumstances

This is why employers should be cautious about having an automatic rule such as “three days AWOL equals dismissal.”

What If the Employee Doesn't Respond to the Disciplinary Process?

This is where AWOL cases can become difficult. You might invite the employee to a meeting and receive no response. They may not attend. You might write again and still hear nothing.

An employer may eventually have to make a decision based on the information available. That doesn't mean you can simply skip the process because you don't think the employee will engage.

You should still take reasonable steps to contact them, explain what is happening, give them an opportunity to respond and warn them about the potential consequences if they don't. Keep a clear record of what you've done.

What If the Employee Suddenly Gets Back in Contact?

Don't assume their explanation doesn't matter simply because they've already been absent for several days. Find out what happened. If there was a genuine reason for the absence or their inability to contact you, that could significantly affect what happens next.

If their explanation doesn't adequately account for their absence, you can consider whether further action is appropriate. The key is to investigate before reaching a conclusion.

Be Careful About Treating AWOL as a Resignation

An employee failing to attend work doesn't automatically mean they've resigned. Even if you suspect they've decided not to come back, employers should be very cautious about simply removing someone from payroll and treating their employment as having ended.

Try to establish the employee's intentions. If you can't do that and ultimately believe their conduct warrants dismissal, it is generally better to deal with the situation through an appropriate process rather than simply assuming they've resigned.

How Long Should You Wait Before Dismissing an Employee Who Is AWOL?

There isn't one answer that works for every AWOL case. Rather than asking “How many days do we have to wait?”, a better question is, “Have we taken reasonable steps to understand what's happened and are we now in a position to deal with this fairly?”.

In some cases, contact might be re-established quickly and the situation resolved. In others, repeated attempts to contact the employee may go unanswered and the employer may need to progress matters formally. The length of the absence is relevant, but the fairness of the process and the individual circumstances matter much more than reaching a particular number of days.

Need Help Managing an AWOL Employee?

AWOL cases can be frustrating, particularly when you're trying to run a business and don't know whether an employee intends to return.

BloomHR provides practical, independent HR support to employers dealing with unauthorised absence, conduct and other employee issues. We can help you work through the situation, decide on the appropriate next steps and make sure you're following a fair process.

Need support with an employee who has gone AWOL? BloomHR can help. Contact us for more information.