How to Properly Document an Unexcused Absence from Work?

An employee’s failure to report to work without a valid reason is considered a serious breach of workplace discipline. This situation is referred to as an unexcused absence (absenteeism), and it is important for employers to document it properly. Why? Proper documentation is essential to lawfully impose disciplinary measures or even terminate an employment contract.

In this article, you will learn what constitutes an unexcused absence under the Labour Code of the Republic of Lithuania, when an employee may be dismissed for such a violation, and how the entire process should be documented.

According to Article 58(1) of the Labour Code of the Republic of Lithuania, an unexcused absence occurs when an employee fails to report to work without a valid reason for an entire working day or for more than half of their scheduled working time, provided that the employer was not informed and no permission for the absence was granted.

An unexcused absence may include:

• Failure to report to work without prior approval from a supervisor;
• Being absent for more than half of the working day without a valid reason;
• Failure to return to work after annual leave, a business trip, or sick leave without supporting documentation;
• Leaving the workplace during working hours if it prevents the employee from performing their duties.

An absence is not considered unexcused when:

• A valid medical certificate of incapacity for work is provided;
• The employee is on parental leave;
• The employer was informed in advance and granted permission for the absence;
• The absence results from force majeure circumstances (e.g., a medical emergency, accident, or other unavoidable event).

It is important to note that an employee’s justifiable reasons for absence must be supported by appropriate documentation. In most cases, a verbal explanation without evidence is not considered sufficient grounds to avoid disciplinary liability.

An employee’s unexcused absence from work is considered a serious breach of employment duties and may result in the most severe disciplinary sanction: dismissal from employment.

An employment contract may be terminated when:

• The employee is absent from work without justification for an entire working day or more than half of a shift;
• There is a history of repeated unexcused absences and, even if each incident alone may not justify dismissal, together they demonstrate a systematic failure to perform job duties;
• The employee refuses to provide an explanation or avoids communication with the employer;
• The absence causes significant harm to the company, such as disrupting business operations or resulting in the loss of a client.

Under Article 58(1)(3) of the Labour Code of the Republic of Lithuania, an employer may terminate an employment contract without notice if an employee:

“fails to report to work for an entire working day (shift) or for more than half of a working day (shift) without a valid reason.”

However, before taking such action, the employer must conduct an internal investigation. This includes obtaining the employee’s written explanation (or documenting the failure to provide one), collecting supporting evidence such as work schedules, witness statements, and timekeeping records, and documenting the entire process in writing.

If the employee is a member of a trade union, the employer may also be required to notify the union in advance of the intended dismissal, where this obligation is established in a collective agreement.

Important: Any dismissal must be proportionate to the severity of the violation. The employer should assess whether the misconduct is serious enough to justify termination of employment. If not, a less severe measure, such as a formal warning, may be more appropriate.

To properly document an unexcused absence from work, employers should follow a clear and consistent procedure. The key steps are outlined below.

1. Record the Absence

The first step is to prepare a report or memorandum confirming that the employee failed to report to work. This may be an internal company document signed by a manager or another responsible person.

2. Request an Explanation

The employee should be given the opportunity to provide a written explanation within two working days. If no explanation is submitted, this fact should also be documented in writing.

3. Impose a Disciplinary Measure or Terminate Employment

If the investigation confirms that the absence was unjustified, the employer may:

• Issue a formal warning or reprimand as a disciplinary measure; or
• Terminate the employment contract under Article 58(1)(3) of the Labour Code for a serious breach of employment duties.

4. Issue an Order and Notify the Employee

Any order regarding a disciplinary measure or dismissal must be delivered to the employee in writing, either against signature or by registered mail.

5. Retain All Documentation

All related documents, including reports, employee explanations, and orders, should be kept in the employee’s personnel file and retained in accordance with the applicable document retention and archiving requirements.

The employer must ensure that:

• The documentation of the unexcused absence is well-founded and lawful;
• The employee is given an opportunity to provide an explanation;
• The employee’s rights are not violated, including the right to representation and the right to challenge the employer’s decision through dispute resolution procedures.

If an employee disagrees with how the unexcused absence has been documented or assessed, they have the right to bring the matter before the Labour Disputes Commission or a court for review.

Can an Employee Be Dismissed Immediately for an Unexcused Absence?

Yes. If an employee fails to report to work without a valid reason and does not provide an explanation for their absence, the employer may terminate the employment contract without prior notice, provided that the applicable legal procedures have been followed.

How Long Must the Documentation Be Retained?

Personnel documents related to disciplinary measures should be retained for 10 years from the date they were created, in accordance with document retention requirements.

Must the Employee Be Notified in Writing?

Yes. All relevant actions, including requests for an explanation, disciplinary orders, and dismissal notices, must be communicated to the employee in writing. This helps ensure legal compliance and provides a clear record of the process.

Rivile ERP is a business management system that enables companies to easily track employee absences, manage personnel documents, and monitor workplace discipline records. If you need help documenting unexcused absences or managing HR documentation, modern digital solutions can help save time, improve efficiency, and reduce the risk of errors.