When an employee is absent without his employer's authorization, he must :
- notify your employer as soon as possible
- provide valid proof (work stoppage, family event, etc.) within a reasonable timeframe, generally 48 hours.
Note : certain agreements may set a different time limit(e.g.: employees covered by the CCN de la métallurgie have 72 hours to justify their absence).Once this time limit has passed, an employee who fails to provide valid justification is guilty of misconduct and may be penalized, ranging from a warning to dismissal for serious misconduct.
Late provision of proof of absence may also be penalized.
The sanction must be consistent with the seriousness of the offence. It will therefore depend on the number of days of unjustified absence, the frequency of unjustified absences, the number of days of delay in sending the supporting document, etc.
Please note:
In all cases, before imposing a penalty, the employer must give the employee formal notice to justify his or her absence. Sending formal notice by registered letter is highly recommended, for obvious reasons of proof.
A penalty imposed without the employee having been given prior notice to justify his absence is not valid.
Summary of what to do in the event of an employee's unjustified absence :
- Waiting for the employee to justify his absence;
- Once the time limit has expired, send the employee a letter by recorded delivery giving him formal notice to justify his absence;
- Please allow a few days for postal delays (the time required for the employee to receive and reply to the mail by post);
- (optional but recommended) If no response, send a second letter of formal notice;
If the employee fails to provide proof, start the disciplinary procedure.
