The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

From time to time, we are asked what to do in instances in which employees are absent from work without permission, and whether such an absence constitutes abandonment of the job, and thus resignation. In a recent judgment, it was decided that an absence from work, even one without permission, does not necessarily constitute abandonment of a job or the expression of an explicit intention to resign from employment.

The Labor Court found that a short-term unapproved absence from work may constitute a disciplinary violation, and therefore be cause for termination, but it cannot be seen as resignation. Resignation requires a clear and explicit expression of desire to end employment. Therefore, to the extent that an employer wishes to terminate the employment of an employee for such reason, a termination procedure, including a hearing, is required.

It should be noted that an employer has full discretion to approve or deny any vacation days. However, it is insufficient to inform the employee that going on unapproved short-term leave will be considered resignation. Rather, it must be clarified that going on unapproved leave constitutes a disciplinary violation.

Of course, the circumstances of each absence must be examined substantively. Naturally, an extended unapproved absence, during which time the employee does not respond to the employer, may be considered abandonment of employment and thus be seen as an expression of the employee’s intention to resign.