22Apr

Hello. In this article we will talk about what truancy is and how to formalize it correctly.

Today you will learn:

1. What is truancy;
2. What are good and bad reasons for missing work?
3. How to correctly confirm that an employee did not show up for work.

What is truancy

Absenteeism from work – this is a subordinate’s absence from work for more than 4 hours.

If an employee has violated the terms, do not make a hasty decision and fire. The main thing is to find out the reason.

Please note that there are exceptions. If a subordinate called his boss the day before and voiced over the phone why he couldn’t go to work, this is not considered absenteeism without a good reason.

But, not everything is so simple. If a controversial situation arises, it is necessary to confirm that the boss was notified. In this case, only witnesses or a recording of a telephone conversation will help.

It is also worth considering that employees have different responsibilities, and if the absence of one may not even be replaced by many, then the absence of another may affect the profit of the entire enterprise.

Example: if you are an ordinary secretary, but nothing bad will happen in the company during your absence. But if you are the chief engineer who is responsible for starting up the equipment and starting production for the whole day, then the losses can be colossal.

Reasons for absenteeism

If you carefully study the Labor Code of the Russian Federation, you can conclude that the law does not establish which reasons are valid and which are not. But how to determine? Everything is very simple and the boss will act as the judge. It is he, according to the law, who can make the right decision and determine the punishment for his subordinate.

In practice, there can be short-term and long-term absenteeism. As for the second case, each citizen can disappear for several days and not answer phone calls.

Sometimes a boss cannot find out where his subordinate is. If this continues for a long time, then the employee is simply killed, since the company does not need irresponsible people.

As for short-term absenteeism, we can highlight:

• Absenteeism from work without explanation, at one's own request;
• If you wish, take a day off;
• Unauthorized use of a day off at the expense of future vacation;
• Stay in a medical sobering station;
• If you left work early to catch a...

While the employee is absent from work, the boss records the absence and does not pay for working hours. Each employer decides independently whether to fire such an employee or impose penalties. Even if the subordinate is left, he must understand that it will be extremely difficult to earn trust.

Conditions for recognition of absenteeism

Every employer should know how to properly fill out documents if an employee does not show up for work. The thing is that if you leave this issue for later, wait for the employee and formalize everything retroactively, you can get punished.

In judicial practice, there are cases where a citizen was deprived of his main job, and he won the case, proving that there were violations in the registration of absenteeism. At the same time, the citizen still received a monetary payment as compensation. This also happens, and more and more often lately. Conclusion - the employer must do everything not only correctly, but also on time.

Under what conditions can a boss consider a failure to appear as absenteeism?

• When a subordinate was absent for less than 4 hours during the entire work shift. There is one important nuance here that is worth considering. The thing is that some employees are strictly assigned a workplace, while others are not. And if an employee, for whom a place is not assigned, came, but was not at his workplace, but on the employer’s territory, this is not considered absenteeism. It doesn’t matter whether he was helping someone else or just relaxing and drinking coffee.
• When a subordinate is more than 4 hours late. In this case, there is also a small nuance, according to which it is not considered absenteeism if the worker is exactly 4 hours late. As they say, he arrived exactly and not a minute more.
• If during the whole day the subordinate does not show up for work and does not provide confirmation. Here, as they say, “there is no forgiveness” and the punishment is well deserved.

Failure to appear for a valid reason

1. Absenteeism due to illness.

No one is immune from diseases and injuries, and citizens often do not go to work due to illness. Of course, you can go to a medical institution and get a sick leave, but this is not always possible. Although some simply ask for a document confirming that they were seen by a doctor.

As for injuries, you can take into account fractures, which can disable work for several days, or bruises and sprains.

In addition to your own illness, you should take into account that a child or a close relative may become ill. In this case, a doctor's certificate is required.

1. Conducting a medical examination.

There is work that you can start only after passing. This is required by kindergartens, catering establishments and many others. As a result, the employer may make it mandatory that his subordinates be examined once or twice during the year.

It turns out that if a citizen was not at his workplace due to undergoing a medical examination, this is not considered absenteeism. But do not forget that a subordinate cannot make a personal decision when to undergo an examination; this action must be agreed upon with his superiors and preferably in writing.

1. Participation in litigation.

By law, any person can be summoned to court, as a victim or witness. In this case, failure to appear will be considered forced absence, which will not be punished.

1. Utility accident.

At any moment, a utility accident may occur as a result of which you will not be able to go to work: your neighbors are flooded, a pipe bursts, a gas leak occurs, or a fire breaks out.

1. Delay of wages.

The order is communicated to the employee in writing. After signing, all documentation is placed in a personal file.

Do not forget that when hiring a subordinate, each boss must clearly explain what punishment is applied for violating the employment contract.

How to register absenteeism without dismissal

It’s good when the manager decides to leave the employee, but formalizes absenteeism without dismissal in accordance with all established rules.

Let's consider the registration procedure:

1. Drawing up an act.

It is mandatory to draw up an act in which all the personal data of the employee who has violated the terms of the contract is written down. In addition, information about the employer and two witnesses is provided.

All persons who will appear in the act must sign it - this is important. Afterwards, it is described in detail when and how long the subordinate was absent from the workplace of his own free will. Well, the act must be completed by making a decision - what the employee receives for his negligence.

1. Memorandum.

This is the second mandatory document, which also indicates the reason for the violation and the timing of unauthorized absence. An act is attached to the note and handed over to the head of the company.

1. Order.

Only when an authorized employee receives all the documents does he prepare an order. The manager is the first to sign and study the order, after which he is brought to the notice of the violator of the employment contract.

According to the law, 3 days are allotted for preparation of the order and familiarization. If the employee does not agree with the decision and refuses to sign, a report is drawn up. An act is prepared in the presence of witnesses, which records that the worker refused to sign the document.

How to register absenteeism with dismissal

As already said, the boss himself decides what punishment to apply. In practice, if an employee comes and does not want to explain anything, he is simply fired for absenteeism.

To arrange everything correctly, you should:

• Prove that the employee was really not at work at the specified time. Here you can attract witnesses or use recording if CCTV cameras are installed;
• Ask him to write an explanation as soon as he shows up at work.

Let us note once again, since this is extremely important, according to the law, the explanatory note is the main document that is required when dismissing a subordinate. If the employee does not provide it within 2 days, a corresponding act and dismissal order are drawn up.

The truancy report is drawn up according to the rules of the organization on an official form. The document can be in any form. In addition to the manager’s signature, the document must contain the signatures of witnesses. The report must indicate all the employee’s personal data, the exact time of absence and the situation that resulted in the violation.

As soon as all the documents are prepared, a dismissal order is drawn up. According to the law, an employer can fire an employee within a month from the moment the violation is discovered. Of course, after the specified time, he can also terminate the employment relationship, but for a different reason.

The employee did not show up for work or disappeared without warning. How to find it? What documents should I fill out if the search does not produce results? Is it possible to fire an employee in his absence? Natalia Vladyko, leading editor of the magazine “I am an occupational safety specialist,” answers these questions.

— If an employee does not come to work and does not warn the manager about it, the employer must first find out the reasons for the absence on his own. If an employee disappears from his workplace for a long time during working hours for unknown reasons, then the immediate supervisor should inspect the most likely places of his location.

Natalia Vladyko
Managing editor of the magazine “I am a labor protection specialist”

The search, of course, is carried out within reasonable limits and within the company’s workspace.

For example, there is no need to follow a truck driver from Belarus to the Amur region just to make sure that his phone battery is dead. However, if the driver is involved in an accident, a message about the incident will be sent to the organization and such an accident will be investigated according to the established requirements.

How to register absence using documents

The absence of an employee must be recorded in writing.

1. At the end of the working day, in the presence of several witnesses and in free form, a Act, which indicates information about the employee and the number of hours he was absent.

For impartiality, it is better to involve people from other departments or divisions as witnesses. 2. On the time sheet Only those hours that the employee actually worked should be recorded: for example, 4 hours in the case of disappearance or NN in the case of absence. If the employee shows up later and the reason for his absence turns out to be valid (for example, a document from a medical institution), then an adjustment report card with corrections is drawn up.

If the employee never shows up

Let’s say the employee never got in touch, and the employer no longer wants to continue cooperation with him.

In accordance with legal requirements, it is impossible to dismiss an employee until the reason for his absence has been established. Therefore, if an employee does not appear for a long time after disappearing and the reason for his absence is unknown, the employer should take more serious measures to find him. Perhaps the person is hospitalized, detained by law enforcement, or there is another valid reason. Algorithm of actions:

Step 1. Look at his personal card, find out his contacts and try to reach him or contact his relatives.

Step 2. If you are unable to contact, send a letter to the employee’s address asking him to explain the reason for his absence. If there is no answer, about a week after the notification is returned, draw up a report stating that it is impossible to obtain an explanation.

Not only a person’s relatives, but also his colleagues have the right to write a statement to the police. Step 4. If the search by the police does not produce results for more than a year, then the employer, as an interested party, has the right to go to court to have the missing person recognized as missing. Only after this can you formalize the dismissal of an employee who has gone missing.

• Organization of labor of workers - art. 55
• Organization of working time recording - art. 133.

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The employee did not show up for work: the employer’s actions

Sometimes an employee does not show up for work for several days. However, no news or explanations are received from him. The question arises: how to find a missing employee, how can he be punished? And quite naturally you want to know how to terminate an employment contract with him through the court?

You can’t just fire a person just because he didn’t show up for work..

There are a huge number of reasons for missing work, ranging from unexpected illness to detention by law enforcement agencies. It is clear that the reasons for missing work can be valid or disrespectful.

What should an employer do in a situation where his employee does not come to work for several days:

• First of all, contact the employee himself or his relatives. You can find the employee’s phone number in the HR department;
• If you can’t contact by phone, take his address from the employee’s personal card and send a registered letter with notification. In this letter, ask to indicate the reason for the absences. But if you still don’t achieve anything, draw up a report stating that you were unable to obtain an explanation (Article 193 of the Labor Code of the Russian Federation);
• By the way, an employee who does not show up at the workplace can give an explanation for his actions within two working days, the countdown of which begins from the next day when you demanded an explanation from him (Article 193 of the Labor Code of the Russian Federation). Let's say you asked for clarification on the situation on June 25th. In this case, the two-day period will begin on June 26 and end on June 27. As a result of failure to provide explanations, draw up an appropriate act (Article 193 of the Labor Code of the Russian Federation);
• submit a request to the police department. Such an application should be submitted to the nearest department of internal affairs. This can be done not only by the relatives of the missing person, but also by his manager or colleagues. As a result of submitting an application, a notification coupon is issued. Next, the request is extended to all departments, and the search begins;
• when the police search has not been successful, and more than a year has already passed, you have the right, as a leader, to go to court. In his statement, according to Art. 42 of the Civil Code of the Russian Federation, you are asking to recognize a person as missing. To correctly draw up an application, follow Art. 276 Code of Civil Procedure of the Russian Federation. You can also find a sample form here. The application is accompanied by a certificate issued by the Department of Internal Affairs. This document states that search efforts were unsuccessful. In addition, support the application with internal documents of the enterprise that confirm the fact that the employee has not appeared at work for one year or more;
• after all attempts made to find an employee, you have the right to dismiss him as missing (clause 6 of article 83 of the Labor Code of the Russian Federation). A special order is drawn up to terminate the employment relationship (form T-8). A corresponding entry is also made in the work book. In the future, this work book is transferred to the relatives of the missing employee.

Important! It is impossible to fire a person from work without finding out the reason for absenteeism.

First of all, you should find out why the employee does not show up at work.

Recording absence

If a person does not show up for work, this fact must be recorded. Draw up an act indicating the last name, first name and patronymic of the employee, the position he holds, and the date of absence from work. If the employee was not absent all day, then the time of arrival at work is specified. Sign the document and ask him to sign three witnesses, who thus confirm the fact of the person’s absence from the workplace.

Important! If absences continue, draw up such a report every day.

Make appropriate entries about the employee’s absence for unknown reasons in the work time sheet (form T-12, T-13, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

The report card contains a specific code:

• alphabetic – “NN”;
• digital "30".

Perform the steps described above daily until the reasons for the person’s absence from the workplace are clarified or until the employer decides to dismiss the employee.

When the employee eventually comes to his senses and appears at the workplace, he can present a sick leave certificate. But if it turns out that some of the missed days are not confirmed by a medical document, the employee can be fired legally.

Although it is almost impossible to part with an employee during his absence, it is possible to ensure that the company’s losses are minimal. If a person does not go to work for an unexcused reason, no one pays him for those days. That is, there are no costs for an absent employee. If an employee is absent for too long, and his position is important for the enterprise, another person is hired to take his place.

ATTENTION! View the completed sample absence from work report:

Watch the video. 7 tips on how to fire an employee:

Further actions

Situation No. 1.

A few days later the employee comes to work. Demand from him a written explanation of the reasons for absenteeism. Depending on whether the reason was valid, you need to proceed further. If a person is simply playing hooky, hold him accountable.

Situation No. 2.

The employee still explained the reason for his absence, but did so by mail. As it turned out, he did not and does not have any compelling reasons for being absent from work. But he still doesn’t go to work. In this case, write an order to hold him accountable or an order to terminate the employment agreement (subparagraph “a”, paragraph 6, part 1, article 81, article 192, article 193 of the Labor Code of the Russian Federation).

Situation No. 3.

There were no explanations from the employee; he never showed up at work. Although you know that he received your letter demanding clarification of the situation, according to the notification from the post office. By and large, you have the right to fire him. But there is no need to rush in such a matter.

The fact is that there are no guarantees that the employee will receive the letter. It is possible that one of your relatives received the message, and they are not obligated to answer you.

Suddenly, at this time the person is under treatment, and you fire him. So, before you fire an employee, get specific explanations from him. And then you will decide whether to fire him or not.

Situation No. 4.

The employee doesn’t come to work, no one explains anything, you don’t know whether he received your requirements or not, or the letter was returned without an answer, etc.

In this situation, you can go two ways:

• every day when the employee does not show up at his workplace, draw up a report. Record absences from work on your report card. This must be done until the reasons for the omissions are clarified. In this case, a dismissal order is not drawn up. The fact is that management is playing it safe, because by dismissing a person without finding out the reasons, you can break the law. It is possible that there are valid reasons for a person’s absence, but he cannot report them;
• if the employee is absent for a long time, it is impossible to contact him, and the workplace must be occupied, management makes a decision to terminate the employment relationship with him. If someday a legal dispute arises on this matter, the decision will be made in favor of the management.

Although sometimes the court is very cautious about the situation when management sent a written demand, but received it back without any explanation. Practice shows that such a circumstance is unlikely to allow an employee fired for absenteeism to be reinstated in the workplace.

Note! Do not fire a person immediately after he arrives at work. Talk to him, get an explanation.

Otherwise, when the court finds your actions illegal, you will be obliged not only to reinstate him at work, but also to pay the average salary for the period when he was forced not to work.

No manager is immune from the fact that one fine day a lost employee will appear at the workplace along with proof that he had good reason not to go to work.

He can also prove that he simply could not answer the boss’s demand for a good reason. In this situation, you will have to cancel the dismissal order and reinstate him in the workplace. Remember that if you do not do this of your own free will, you will have to do it by court order.

But in this case, you will have additional expenses (payment of average earnings for a period of temporary unemployment) (Article 394 of the Labor Code of the Russian Federation, paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

By the way, you will not have to pay for the period when the person did not work before the order. This is only possible if a sick leave certificate is provided. Previously, it was mentioned about the daily drawing up of a truancy report. In addition, you need to ensure that the person does not receive wages for missed days.

Please note! If, by a court decision, a person has to be reinstated in his workplace (Article 394 of the Labor Code of the Russian Federation), but instead of him you have already hired another employee, you can deal with him as follows:

• offer another position that meets the qualifications or transfer to a lower position (if he agrees to perform it taking into account his state of health);
• if there are no other vacancies, or the new employee does not agree with his transfer, he will have to terminate his employment contract. You cannot do otherwise, since the court ordered you to reinstate the dismissed employee (clause 2, part 1, article 83 of the Labor Code of the Russian Federation). Please note that you are obliged to pay severance pay to the dismissed employee (in the amount of two weeks’ earnings (Article 178 of the Labor Code of the Russian Federation)).

Sometimes management, without waiting for a court decision, cancels the dismissal order as soon as the missing employee appears at work.

With a new employee in this situation:

• agree on a transfer to another position (Article 72.1 of the Labor Code of the Russian Federation);
• terminate the employment agreement by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

Types of truancy

Absenteeism is conventionally divided into two categories. The first category includes classic absenteeism (short-term) (Article 81 of the Labor Code of the Russian Federation).

In this case, the employer knows where the employee who did not come to work is or was. This information came from the employee himself, who showed up for work or was contacted by telephone or otherwise.

What an employer should do in case of short-term absenteeism of an employee is described in Article 193 of the Labor Code of the Russian Federation.

Before applying a disciplinary sanction, namely dismissal, management must communicate with the employee and find out the reasons why he did not come to work.

Remember! The request is submitted in writing. The employee has two days to respond. If this is not done on time, a specific act will be drawn up. The fact that no explanation is provided does not prevent disciplinary action from being taken.

Please note that the act of refusal to give explanations is drawn up in the presence of other employees who sign this document.

On the day when the employee did not show up for work, you need to draw up a corresponding report. You can also collect testimony from witnesses, reports from the boss of the negligent employee, and take an extract from the accounting journal, which is located at the entrance of the enterprise.

The employer has the right to dismiss an employee in case of absenteeism, if he did not give an explanation, or if the reasons presented as circumstances that prevented him from coming to work are disrespectful.

Having issued such an order, the employer must, within three days (except for the time the person is absent from work), submit a document for review to the dismissed employee against signature. When the employee refused to read the order and sign it, an act is drawn up again.

During long absences, management is unable to contact the missing employee. He does not go to work for a long time, does not answer calls and does not send a response to the demand for an explanation of what is happening.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

What should an employer do in case of long absences?

Oddly enough, it is more difficult to fire a absentee who does not appear at work for a long time than with short absences. The employer must comply with the requirements of the law, namely Art. 193 Labor Code of the Russian Federation.

When a person is away from work for a long time, it is almost impossible to get an explanation from him for what is happening. Management can send a telegram or letter to the lost employee's home address demanding an explanation.

In this situation, it is important to send the letter correctly. What does this mean? First of all, the letter must be registered with a list of attachments and a receipt. If you send a regular letter, the court may not consider the receipt to be sufficient evidence of your desire to contact the employee.

Telegrams are sent in the same way. In addition, you should take a certified copy of the sent telegram from the telegraph office.

As mentioned above, a person has two days to give an explanation. In this case, they are counted from the date of receipt of the letter. Also, another 3-4 days are added to the two days for the so-called mail mileage.

This is when the employee decides to send an explanation in writing by mail. But if after this time no explanations follow, you will have to draw up an act of non-receipt of explanations. The act is signed by the HR department employee, the truant’s manager, and other employees.

If the employee has received a letter, as in the case of returning correspondence to the place of departure, a report on the employee’s absence from the workplace is drawn up daily. In addition to the act, the boss’s memos, witness statements and documentary evidence are used (for example, the employee’s signatures are missing in the logbook at the checkpoint).

Important! Do not write reports of employee absence “retrospectively”; do it daily.

If the case goes to court and it turns out that the acts were written later, nothing good will come of it. If a letter or telegram was delivered to a truant worker, and there is confirmation of this, but he never began to fulfill his work duties and did not explain the situation in any way, he can be safely fired.

Special cases of missing employee

If a person quits his job, he needs to work for two weeks (Article 80 of the Labor Code of the Russian Federation). But sometimes the parties to the employment agreement make a common decision, and the resigning employee does not work the allotted time.

When there was no agreement and the person does not show up for work after submitting an application, a letter is sent to his address demanding an explanation. The letter also states that if the employee fails to show up for work on the 14th day from the date of submission of the application, it will be recognized as withdrawn, and the person will be fired under the article for absenteeism (Article 81 of the Labor Code of the Russian Federation).

When a person does not return to work at the end of his vacation, a corresponding report is drawn up daily. In addition, you need to contact the absentee and clarify the reasons for his absence from work.

Note! Until you have proof that the employee is really absent for an unexcused reason, or until the court recognizes him as missing, you should not write a dismissal order.

In such a situation, you need to use all possible ways to find a person, starting from calls to contacting the police. All this time, do not forget to draw up absence reports. If they are not there, the dismissal will be illegal.

How long does a person have to stay away from work to draw up an order to hold him accountable?

Since absenteeism is a disciplinary offense, the appropriate punishment should follow:

• within one month after the employer learned about absenteeism (the time when the person was sick or on vacation is not taken into account);
• within six months after the commission of a disciplinary offense.

If an employee does not come to work for a long time, you may think that the period for applying disciplinary action will expire.

This is wrong. The fact is that the period that begins to count from the date of discovery of the misconduct begins not from the first day, but from the moment when you definitely found out that the employee is absent.

The organization hired an employee who, when hired, did not provide a work book, promising to provide it later. The employment contract and employment order are drawn up in accordance with the established procedure. One copy of the employment contract is given to the employee. On the second working day, this employee provided information that he was ill and would not return to work. Doesn't answer phone calls. What is the right thing to do in this situation?

Answer

Answer to the question:

The list of documents that an employee must present when applying for a job includes a work book (Article 65 of the Labor Code of the Russian Federation). This rule applies to all employees with the exception of those working part-time, as well as employees who are hired for the first time. Consequently, if the Employee refuses to provide the specified document, the Employer has the right to refuse such an employee to conclude an employment contract.

However, in the situation under consideration, in the event of a long absence of an employee from the workplace, you should send to his home address. In the notice, ask him to report to work and explain the reasons for his absence. Additionally, in this notice, indicate the need to present a work record book (for details on how to do this, see below) to record the employment of the specified employee. If the employee’s work book is lost or has become unusable, then based on the Employee’s application, the Employer must issue a duplicate of the employee’s work book.

The letter must be registered with return receipt requested. It must be completed on the organization’s letterhead. In the letter, indicate a reasonable time frame within which the employee will have to respond. After the email notification is returned, you need to wait for a response. If the response does not arrive within the specified period, and the employee does not appear, draw up a statement of lack of explanation signed by two or more witnesses.

In turn, during the period of absence of the employee, according to his words - due to illness, the employer should indicate the code "NN" in the work time sheet - absence for unknown reasons, since the employee has not yet documented his illness. In this case, if an employee is absent from work without a good reason, the Employer has the right to dismiss this employee for absenteeism in accordance with paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation.

If an employee presents a certificate of incapacity for work (sick leave), the Employer is obliged to pay benefits for temporary disability in case of illness or injury of the employee, as well as if it is necessary to care for a sick child or other family member (Part 5 of Article 13 of Law No. 255-FZ, Information from the Social Insurance Fund ). When deciding whether to establish the fact of absenteeism due to failure to submit sick leave, it is necessary to consider all the circumstances and reasons for the employee’s absence from the workplace and, on their basis, draw a conclusion about the possibility of dismissing the employee for absenteeism.

The situation when an employee did not warn the employer in advance about the early termination of the contract and (, Labor Code of the Russian Federation) is equated to absenteeism.

Thus, if an employee appears at work, it is necessary to require an explanation from him regarding the fact of absence from the workplace, and also to resolve the issue of terminating the employment contract with this employee, depending on the circumstances. If the reason for absence from the workplace is considered unjustified, the Employer has the right to dismiss the employee for absenteeism, or terminate the employment contract based on the employee’s application at his own request, or by agreement of the parties.

Details in the materials of the Personnel System:

Situation: What is truancy

Absenteeism is the absence of an employee without good reason:

• throughout the entire working day or shift, regardless of duration;
• more than four consecutive hours during a work day or shift. Moreover, the lunch break is during these four hours.

Such absence is a gross violation of labor duties, labor discipline, terms of the employment contract, etc. Therefore, even for a one-time case of absenteeism, an employee can be fired.

The following situations are considered absenteeism:

• the employee did not warn the employer in advance about the early termination of the contract and (, Labor Code of the Russian Federation);
• the employee used without permission;
• employee without permission ().

It is not considered truancy to use rest days if the employer refused to provide them, although he was obligated to do so. For example, .

Situation: What documents can confirm the fact of absenteeism?

The fact of absenteeism must be documented. The legislation does not establish a fixed list of documents that must be completed when absenteeism. In this regard, you can:

It is such documents that most often serve as evidence of truancy, and it is they that are accepted by the courts when a controversial situation arises. See, for example,.

Attention: Before making a final decision on dismissal for absenteeism, make sure that there is no

The following categories of employees cannot be fired for absenteeism:

• pregnant women (,). In the event of dismissal, even if at the time of dismissal she kept silent about her pregnancy;
• employees under the age of 18 in the absence of consent to dismissal from the state labor inspectorate and the commission for minors ().

In addition, dismissal for absenteeism of any categories of employees during illness or vacation is not allowed (). The legitimacy of this position is also confirmed by the courts (see, for example,).

Situation: How to draw up an employee’s absence report from the workplace

Draw up a report on the employee’s absence from the workplace signed by two or more witnesses. It is recommended to draw up such acts for each day the employee is absent. However, if the absence is long, then draw up reports.

If the absent employee has a direct supervisor, he can instead or additionally write a memo addressed to the head of the organization. In it, he must report that the subordinate did not show up for work, and list the measures that were taken to find him: home phone calls, office checks, etc. The act and memo must be precise, that is, in hours and minutes , indicate the time the employee is absent for.

Question from practice: How often do you need to draw up reports of an employee’s absence from the workplace during prolonged absenteeism?

This issue is not regulated by law.

At the same time, it should be taken into account that each fact of missed work must be recorded. In addition to the immediate supervisor, for greater persuasiveness it is recommended to report the employee’s absence in the presence of at least two witnesses.

The best option is to draw up such acts daily during the entire period of absence. This is due to the fact that the employee can subsequently present documents confirming valid reasons for absence. However, between confirmed periods there may be unconfirmed days, and for them the employer will have timely executed acts.

At the same time, if you are absent for a long time, from a week or more, it may be irrational to draw up reports every day. Therefore, in practice, the frequency of drawing up reports, as a rule, increases with the duration of absenteeism. If absenteeism lasts at least a week, then a report is drawn up daily for each day of absence. If absenteeism lasts more than a week, then starting from the second week, the report is drawn up weekly based on the results of the week. If absenteeism lasts more than a month, then starting from the second month, the report is drawn up monthly based on the results of the past month. It is not recommended to draw up reports less frequently, since () is provided for applying disciplinary sanctions, including dismissal for absenteeism. It must be calculated not from the first day of absenteeism, but from the last, provided that this day is recorded. The legality of this approach is also confirmed by the courts, see, for example,.

If an employee still comes to work after a long absence, then on the day of his return it is recommended to draw up a final report: about the employee’s return to work after a long absence, indicating the total duration of absence and attaching all previously completed reports to it. The employee must be familiarized with the act in general and asked for an explanation.

Situation: What to do if an employee does not show up for work for a long time

If the employee is absent from the workplace for a long time, send it to his home address. In the notice, ask him to report to work and explain the reasons for his absence. The letter must be registered with return receipt requested. It must be completed on the organization’s letterhead. In the letter, indicate a reasonable time within which the employee will have to respond, for example, two weeks. After the email notification is returned, you need to wait for a response. If the response does not arrive within the specified period, and the employee does not appear, draw up a statement of lack of explanation signed by two or more witnesses.

It should be noted that if, for reasons beyond the control of the employer, the employee does not receive the specified notification letter and, accordingly, does not provide the employer with an explanation of the reasons for his absence, then this will not be an obstacle to his absence. Since failure to appear at the post office to receive a notification letter and its return to the employer due to the expiration of the storage period may be regarded as an abuse of right on the part of the employee and his refusal due to a misconduct. At the same time, failure to provide an explanation by the offending employee is not an obstacle to application to him, including in the form of dismissal (

Dear Alexander Ivanovich!

Work (to the HR department) to provide explanations and continue to perform the job function.

The HR department is located at: 125008, Moscow, st. Mikhalkovskaya, 20.

HR department operating hours: Monday to Friday - from 10.00 before 19.00 .

Head of HR Department E.E. Gromova

22.08.2012

Compose the notification in any form

With respect and wishes for comfortable work, Alena Tatarnikova,

HR System expert

The editors of the magazine "Personnel Business" found out which habits of personnel officers take a lot of time, but are almost useless. And some of them may even cause bewilderment to the GIT inspector.

Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.

If you pay vacation pay a day late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.

Questions were answered by E.Yu. Zabramnaya, lawyer, PhD n.

Dismissal for absenteeism: there is no person - but there is a problem

It is common knowledge that the main asset of any company is its employees. However, not all employees understand that their job duties must be performed in good faith. And persistent violators of labor discipline, such as absentees, become a headache for the employer.

Absenteeism- is the absence of an employee from the workplace without good reason n:

• <или>throughout the working day, if the working day is 4 hours or less;
• <или>more than 4 hours in a row, if the working day is more than 4 hours.

Workplace- a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer I Art. 209 Labor Code of the Russian Federation.

Everyone knows: absenteeism can get you fired. b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. But in practice, difficulties arise: can an employee’s absence from work in a particular situation be regarded as absenteeism and punished for it?

What to do when an employee simply stops going to work one day? How to properly record absenteeism?

Before moving on to specific issues, let's consider the general procedure for holding people accountable for truancy.

How to record absenteeism and how you can punish for it

Let's start with the fact that absenteeism is a gross violation of labor duties by an employee. Therefore, you can fire even someone who skipped work once. h subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. This distinguishes absenteeism from less “severe” violations, such as being late for work.

Although even in case of absenteeism, milder sanctions than dismissal may be applied to the employee - a reprimand and a reprimand R Art. 192 Labor Code of the Russian Federation.

Regardless of what punishment you choose, you must:

• record the fact of the employee’s absence from work;
• find out the reason for this absence.

How to record an employee's absence from work

The fact that an employee is absent from work is recorded:

How to draw up an absence from work report, see: 2010, No. 23, p. 74

• <или>data from the electronic system installed at the checkpoint (checkpoint);
• <или>a report (official) note from the truant’s immediate supervisor;
• <или>an act of absence from work, which is usually drawn up by an employee of the HR department or the immediate supervisor of the absent employee in the presence of two witnesses - colleagues of the truant.

How to establish the reason for an employee’s absence from work

After recording the fact that an employee is absent from the workplace, you need to figure out what caused this absence. After all, an employee may not come to work for a good reason, for example, in case of illness or late return to work from vacation due to a flight delay.

For more information on the procedure for bringing an employee to disciplinary liability, see: 2010, No. 23, p. 14, 74

If an absent employee comes to work the next day or a few days later, ask him for a written explanation of the absence. Moreover, it is better to do this in writing, so that in the event of a legal dispute you have evidence that you requested an explanation. After receiving explanations, you will understand whether the employee committed absenteeism or had valid reasons for absence from work e Art. 193 Labor Code of the Russian Federation; Clause 2 of the motivational part of the Determination of the Constitutional Court of the Russian Federation dated October 17, 2006 No. 381-O.

We warn the manager

Explanations about the reasons for absence from work must be requested in writing and given to the employee 2 working days to provide them.

Please note: the employee is given 2 working days to provide explanations. This period is calculated from the next day after you request an explanation from the employee. I Art. 193 Labor Code of the Russian Federation. For example, if you requested an explanation on April 26, then the above two-day period will begin to run on April 27. If the employee does not give an explanation within the specified period, draw up a report on their failure to provide And Art. 193 Labor Code of the Russian Federation.

An example of a notice of the need to provide written explanations and an act of failure to provide written explanations can be found in the publication “General Ledger. Conference hall", 2011, No. 3, p. 25-26.

If an employee does not show up for work for a long time for a reason unknown to you, take the same action. To Art. 193 Labor Code of the Russian Federation:

1) send by mail a valuable letter with a list of attachments and a notification of delivery to the employee’s address requesting a written explanation for the fact of his absence. Then, in the event of a legal dispute with an employee, you will have proof that you tried to get an explanation;

2) draw up daily reports on the employee’s absence from the workplace in the presence of witnesses;

3) record in the work time sheet according to form No. T-12 or T-1 3 failure of the employee to appear for unknown reasons (until the circumstances are clarified). To do this, put in the timesheet:

• <или>letter code "NN";
• <или>digital code "30".

Do this until you find out the reason for the employee’s absence or until management decides to fire him.

Your further actions depend on how the situation develops.

SITUATION 1. The employee showed up for work some time later. Request an explanation from him and, depending on whether he had a valid reason for his absence or not, decide whether to hold him accountable.

SITUATION 2. You have received an explanation from the employee by mail, from which it follows that he has no valid reasons for his absence. But he doesn't go to work. You have the right to issue an order to hold him accountable for absenteeism, up to and including dismissal. I subp. “a” clause 6, part 1, art. 81, articles 192, 193 of the Labor Code of the Russian Federation.

SITUATION 3. You have not received an explanation from the employee; he still does not come to work. But you received a notification by mail that he had received your demand for an explanation. Some employers fire the employee in this situation. They are guided by the fact that an explanation has been requested from the employee and the employee himself is to blame for not providing it. But such actions are associated with certain risks. After all, there is a possibility that the notice was not given to him, but to one of the family members. For example, the employee himself may be in the hospital, and the correspondence is received by his family, who are not obliged to give you an explanation. Therefore, it is prudent in such a situation to continue to make attempts to contact the employee until receiving any explanation from him.

SITUATION 4. The employee does not show up for work, does not send any explanations, and you have no confirmation that he received your letter. Or the letter was returned, never received by the addressee. This is the most difficult situation in which in practice they do this:

• <или>continue to draw up daily reports on the employee’s absence from work and record absences in the time sheet, and until the reasons for the employee’s absence are clarified, they do not issue an order to dismiss him. The majority does this, guided by the fact that the reason for the employee’s absence is not known, which means that the employer is not 100% sure that the employee is absent (that is, absent without good reason);
• <или>lose patience and fire for absenteeism if the employee’s absence is too long, the employer’s repeated attempts to contact him are unsuccessful and another employee needs to be hired in his place. Courts often agree with such dismissal in absentia Determination of the Moscow City Court dated November 12, 2010 No. 33-32370.

But sometimes the courts note as a violation of the dismissal procedure that a notice of the need to give an explanation for absence from work was sent to the employee, but the postal item was not delivered to the employee, but was returned to the employer Yu. Although, as practice shows, if this is the only violation, then it is unlikely that the employee in such a situation will be reinstated at work.

We warn the manager

It is forbidden dismiss an employee immediately after he fails to show up. We need to ask him for an explanation. Otherwise, he may later be reinstated at work by the court, and then you will have to pay him the average salary for the entire period of forced absence.

Remember, there is always a chance that your employee will return and provide you with a document confirming the valid reasons for his absence and the impossibility of notifying the employer in a timely manner. Then you will have to cancel the order to dismiss the employee.

If you do not do this yourself, then when the former employee is reinstated by the court, the court will oblige you to pay him the average salary for the period of forced absence A Art. 394 Labor Code of the Russian Federation; paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. You will not have to pay for the period of absence of the employee from work before you issue a dismissal order, since he did not work. The exception is when he has sick leave.

If, however, you have already hired a new one to replace the dismissed employee, and the court reinstated the dismissed T Art. 394 Labor Code of the Russian Federation, then a new employee hired for his position will have to:

• <или>transfer to another job that corresponds to his qualifications, or to a lower position (lower paid job), which he can perform taking into account his state of health;
• <или>if there are no vacancies or if the employee does not agree to the transfer, terminate the employment relationship in connection with the reinstatement of the employee who previously performed this work by the court at clause 2, part 1, art. 83 Labor Code of the Russian Federation. Upon dismissal, the new employee will need to pay severance pay in the amount of two weeks' average earnings A Art. 178 Labor Code of the Russian Federation.

If, in connection with the appearance of an absent employee, you decide yourself (without court) to cancel the order to dismiss him and provide him with his previous job, then you will have to negotiate with the new employee replacing him (unless you hired him under a fixed-term employment contract):

• <или>about his transfer to another job at Art. 72.1 Labor Code of the Russian Federation;
• <или>on termination of an employment contract by agreement of the parties n Art. 78 Labor Code of the Russian Federation.

How to record absenteeism on a timesheet

If you are convinced that the employee was absent, be sure to adjust the data on the time sheet. Remember that the time sheet is one of the most important documents confirming the employee’s absence from work and the reason for this absence I Determination of the Leningrad Regional Court dated September 15, 2010 No. 33-4513/2010.

You need to correct the letter code “NN” (or digital code “30”) originally entered on the report card to the absenteeism code. This can be done in two ways:

• <или>just cross out the code “NN” (or “30”) on the report card and write “PR” (or the digital code “24”) at the top. These corrections must be certified by the persons responsible in the company for maintaining timesheets and personnel records, as well as by the head of the structural unit in which the absentee works, indicating the date the correction was made. th clause 5 art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”;
• <или>in addition to the main time sheet drawn up for all employees, where the absentee during periods of absence is marked “NN” (or “30”), draw up a corrective time sheet exclusively for this employee. And already in this report card for the days of absenteeism, enter the code “PR” (or “24”). Attach the corrective time sheet to the main time sheet.

During what period can an order be issued to prosecute for truancy?

Absenteeism, like any other disciplinary offense, can be punished b Art. 193 Labor Code of the Russian Federation:

• within a month from the date of its discovery, not counting the time the employee was ill and on vacation;
• within 6 months from the date of its commission.

For more information about the timing of disciplinary sanctions, read: 2010, No. 23, p. 16

When an employee does not show up for work for a very long time, management may fear that the time limit for applying disciplinary sanctions for absenteeism will expire.

No worries. The period calculated from the date of discovery of absenteeism will begin to run not from the 1st day of the employee’s absence from work, but from the day when you became aware that the employee was absenteeism T.

How to file a dismissal for absenteeism

In case of dismissal for absenteeism, an order to terminate the employment contract is issued according to the unified form No. T-8 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the order, do not forget to state the circumstances of the absenteeism committed by the employee, indicating the dates of absenteeism A Determination of the Moscow City Court dated November 25, 2010 No. 33-35148, and in the column “Base (document, number, date)” list all documents drawn up as part of the procedure for bringing an employee to disciplinary liability:

• certificates of absence from work;
• reports (official) notes;
• a written explanation from the employee or an act of refusal to give an explanation.

You can find the texts of the court decisions mentioned in the article: section “Judicial Practice” of the ConsultantPlus system

The dismissal order must be presented to the employee against signature. And if the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it upon signature, a note about this must be made on the order m Art. 84.1 Labor Code of the Russian Federation.

An entry in the work book upon dismissal for absenteeism is drawn up as follows.

If the employee is not at work on the day of termination of the employment contract, send to his home address a notice of the need to appear for a work book or agree to have it sent by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive written instructions on what to do, keep the work book with you.

Now let's move on to the questions from our readers.

Unauthorized going on vacation - absenteeism

T.A. Ivanova, Perm

The employee was on sick leave for several months, and then wrote an application for annual leave. We have no grounds for granting him leave at this particular time (that is, not according to the vacation schedule). Without waiting for a response from management, he stopped going to work. Do we have the right to register his absence from work as absenteeism?

: Yes. As follows from your situation, the employee went on vacation without permission, that is, absenteeism l Art. 192, sub. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation; ; Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

By the way, absenteeism is also the unauthorized use of time off by an employee. The exception is cases where the employer was legally obliged to provide the employee with rest time, for example, time off on a certain day, but did not provide it. For example, he refused to provide an employee with a donor day the day after the employee donated blood, although according to the Labor Code of the Russian Federation he was obliged to do this b subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2; Rulings of the Moscow City Court dated October 28, 2010 No. 33-30782, dated October 14, 2010 No. 33-30069, or refused to provide leave, although according to the schedule the employee should have gone on leave at that particular time.

Unregistered maternity leave is also absenteeism

HEDGEHOG. Goncharova, Balabanovo

After completing maternity leave (in 2008), the employee did not go to work and did not inform the employer about the birth of the child. After giving birth, I did not take out maternity leave. In 2011, she sent a letter in which she asked to be given leave without pay from March 7, 2011 to April 15, 2011 inclusive. The child probably turned 3 years old on March 7, 2011.
Is it possible to fire this employee?

: Can. If the employee did not exercise her right and did not take out maternity leave A Art. 256 Labor Code of the Russian Federation, then she is most likely playing truant. As follows from the question, then she also went on leave without permission without pay, that is, she again committed absenteeism.

But before you fire an employee, ask her for an explanation of the reasons for her absence from work for 3 years. And register your truancy as required.

You cannot fire an employee for refusing to interrupt a vacation.

HELL. Starikov, Moscow

The employee, in agreement with the manager, went on vacation for a whole month. During his vacation, a situation arose in the organization that required his participation. However, he refused to interrupt his vacation. Can he be fired for absenteeism?

: No, in such a situation you cannot fire someone for absenteeism. According to the law, recall from vacation is possible only with the consent of the employee A Art. 125 Labor Code of the Russian Federation. Therefore, you have no grounds not only for dismissing him for absenteeism, but also for bringing him to disciplinary liability in general (even in the form of a reprimand or reprimand )Art. 192 Labor Code of the Russian Federation.

An explanatory note from a mother will not replace an explanatory note from an employee.

S.F. Zorkina, Stavropol

The employee did not come to work for several days and did not provide an explanation for the reasons for his absence. His mother came to the organization with a request to issue her son’s work record book at his verbal request. The mother also said that her son was already working in another city and was not going to work for our organization.
Written explanations were taken from the employee's mother. Based on these explanations, we fired the employee for absenteeism, and gave the work book to his mother.
Now we’re thinking: did we do the right thing?

We warn the manager

If the employee does not want to leave vacation early, This is not a truancy.

: You made the wrong decision. In such a situation, you should have sought an explanation from the employee himself, and not from his family members. And Art. 193 Labor Code of the Russian Federation.

The mother's explanation in your situation is just an additional argument. But it cannot serve as evidence of absenteeism by your employee.

It was wrong to give the employee’s mother a work book, since she did not provide you with a power of attorney to receive it, written by her son. It was necessary to send a notification to the employee’s address about the need to appear for a work book or to agree to send it by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive an answer from him, the work book should be kept by you.

Written agreement on vacation time with the employer is in the interests of the employee

R.P. Kutsenko, Krasnodar

The manager verbally allowed me to go on vacation for 3 days outside the vacation schedule, and upon returning to work, he fired me for absenteeism. This is not the first time this has happened in our company. Is this legal?

: Of course, it is illegal if you have agreed on your vacation with him. But in your situation, you still need to be able to prove this to the court (including with the help of witnesses). And the best proof is your application for leave with the resolution of your manager. Then the court will reinstate you at work. And if you can’t prove it, the court may decide that you went on vacation without permission. O Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

If a manager constantly practices such unfair actions towards his employees in order to deal with unwanted employees, then it is worth reporting these facts to the labor inspectorate.

If an employee refuses to provide an explanation, a report must be drawn up

The employee did not come to work on February 15 and 16, 2011. He did not provide the reason for his absence. Absences were recorded in acts and memos.
When he went to work, he refused to give an explanation, saying that “he doesn’t want to today, he’ll write tomorrow.” He did not provide documents justifying his absence from work. An act of refusal to give a written explanation was drawn up. The employee also refused to sign it, citing the fact that in principle he does not refuse, but only does not want to give written explanations today and will write them tomorrow. It was decided to fire the employee for absenteeism.
Did we do the right thing?

: Probably, the employee was playing for time in the hope that the one-month period for applying a disciplinary sanction from the date of discovery of the misconduct would expire and he would no longer be held accountable And Art. 193 Labor Code of the Russian Federation.

In general, you did the right thing, except that you should have drawn up a statement about the employee’s failure to provide explanations, and not about his refusal to give them. Remember that the employee always has 2 full working days when he can change his mind and provide you with an explanation for his absence I Art. 192 Labor Code of the Russian Federation. Therefore, it is better not to take risks, wait and draw up an act of failure to provide explanations.

In relation to a truant who wants to resign of his own free will, you need to act promptly

I.T. Gavrilova, Kazan

The employee did not show up for work and sent us a letter sent on the day of absence (March 21, 2011), in which she asked to be granted leave without pay from the specified date to April 1, 2011, and at the end of it to dismiss her on her own desire. The employee still hasn't returned to work. Is it possible to regard her absence as absenteeism and fire her not of her own free will, but specifically for absenteeism?

: As follows from your situation, the employee voluntarily went on vacation without pay, that is, she committed absenteeism, which means she can be fired for this b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation; subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

However, in your case, the employee in her statement expressed her intention to resign of her own free will. Of course, this does not deprive you of the right to fire her for prog l clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. But this must be done within 2 weeks from the date of receipt of the said application from her. Otherwise, you will have to terminate the employment contract with her on her initiative. Moreover, it does not matter on what grounds the employee is dismissed.

What day to fire for absenteeism?

P.D. Tyuftyaeva, Tolyatti

The employee works on a rotating schedule. On March 25, 2011 he has a working day, then two days off. On March 28, he did not go to work without good reason. Do we understand correctly that since, according to the Labor Code, the day of termination of an employment contract is the last day of work, then the employee must be fired for absenteeism on March 25, 2011?

: No. It is incorrect to fire an employee on the day before the first day of absenteeism, that is, in your situation, March 25, 2011. Indeed, as a general rule, the day of termination of an employment contract is the employee’s last day of work. The exception is when he did not actually work, but he retained his place of work (position )Art. 84.1 Labor Code of the Russian Federation.

The employee, while the employer finds out the reasons for his absence and determines whether he had valid reasons or not, must retain his place of work. Agree, it looks strange when the date of requesting an explanation and the date of receiving it from the employee are later than the date of termination of the employment contract. After all, after dismissal, this person is no longer an employee and is not obliged to provide anything to the employer. At the same time, the employer cannot fire an employee before asking him for an explanation, etc. .Art. 193 Labor Code of the Russian Federation

In addition, a situation is possible when, after absenteeism, an employee returns to work and will work for some time while the employer determines whether he committed absenteeism, etc. Therefore, he cannot be fired on the day of absenteeism.

It is correct to dismiss an employee on the very day when an order is issued to dismiss him for absenteeism. But, as practice shows, even if you fire an employee on the last working day before absenteeism, nothing bad will happen. After all, this approach is based on the recommendations of Rostrud A Letter of Rostrud dated July 11, 2006 No. 1074-6-1.

Dismissal for absenteeism is a right, not an obligation of the employer

V.D. Rusanova, St. Petersburg

The employee did not return from vacation and did not make herself known in any way. Telegrams to her place of registration and place of actual residence remained unanswered. A month later, she finally showed up at work and wrote a letter of resignation of her own free will.
Should we fire her voluntarily or should she be fired specifically for absenteeism?

: You have the right to fire an employee for procrastination l subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. To do this, you need to follow the procedure for bringing to disciplinary liability And Art. 193 Labor Code of the Russian Federation. But you can meet her halfway - fire her at your own request. After all, bringing to disciplinary liability is a right, not an obligation of the employer.

You cannot fire an employee for absenteeism during illness.

L.T. Skvortsova, Volgograd

We recently hired a new employee. Unfortunately, she turned out to be a drinker (although she did not come to work drunk). On January 11, 2011, she stopped going to work. Doesn't answer calls. As expected, we document all of her absences from work and put “NN” on the report card.
On February 14, we received a statement from her by mail stating that she was on sick leave. However, we doubt that she really has sick leave, much less for this entire period. And management still intends to fire her for absenteeism.
What if the sick leave is confirmed? What to do in such a situation?

: In such a situation, an employee cannot be fired for absenteeism. After all, you have her written explanation that she is on sick leave.

So for now, continue to document all of her absences from work. But proceed from the assumption that she is still sick. If this is not confirmed later, then you can fire her for absenteeism.