How would you deal with an employee who fails to return after annual holiday?

How would you deal with an employee who fails to return to work on the expected date or are stranded abroad? Most employees understand what is expected of them when booking annual leave. The process for requesting holiday should be set out in their employment contract or the organisation's annual holiday and leave policy.

Problems can arise when an employee is delayed or prevented from returning to work on the agreed date. If they fail to notify their employer promptly, this can cause operational disruption and may lead to disciplinary consequences.

A company holiday policy should clearly state that failing to return to work as agreed, without making contact, will normally be treated as unauthorised absence and will be unpaid. Only in exceptional circumstances should it be considered reasonable for an employee to have been unable to contact their employer.

As with any unauthorised absence, the employer should make reasonable attempts to contact the employee and keep a record of all communication attempts. If telephoning, note whether the call connects, whether the line is engaged, whether there is an overseas dial tone or message, or whether the number is unobtainable. These records may be useful if further action is required.

Employers should avoid making assumptions and consider that there may be a genuine reason for the employee's absence. If there are concerns about the employee's welfare, the employer may contact the employee's emergency contact, provided this is appropriate and in line with the organisation's policies and data protection obligations.

When the employee returns to work, the employer should carry out an investigation to establish the reasons for the delayed return. If the employee states that the delay was caused by travel disruption, such as a flight cancellation, industrial action, severe weather, or more recently, widespread wildfires affecting parts of Europe that have resulted in airport closures, flight cancellations, road closures, or evacuation orders, the employer should seek to verify the explanation where possible. This may include checking airline information, airport updates, official travel advice, or reputable news reports, and asking the employee to provide supporting evidence, such as flight notifications, booking confirmations, or correspondence from the travel provider.

Where an employee has genuinely been unable to return due to exceptional events beyond their control, such as major travel disruption caused by wildfires or other natural disasters, employers should consider the circumstances carefully and apply their policies consistently and reasonably. Consideration should be given to the employee's efforts to keep the organisation informed, the evidence available, and whether alternative travel arrangements could realistically have been made.

Following the investigation, the employer should decide whether the absence was justified and determine any appropriate action in accordance with the organisation's absence management and disciplinary procedures. Each case should be assessed on its own merits, taking into account the employee's communication, the supporting evidence provided, and the impact of the absence on the business.

If you have a particular holiday issue or AWOL scenario that you would like to discuss, please do not hesitate to contact us on 01473 276170 or email info@sos-hr.co.uk