By Priscilla Kohl | HRTools.com Business Writer
Let’s say: You have an absentee employee, one who hasn’t called in or showed up for work in the past couple of days—job abandonment comes to mind.
“Job abandonment occurs when an employee has no intention of returning to the job and hasn’t notified the employer of his or her intention to quit.”
The above definition, as put forth by the Society for Human Resource Management (SHRM), points to one of those times when an employer or supervisor is forced to make tough decisions, including whether or not to initiate an employee termination. As is true with most employee-related decisions, employers should proceed with caution.
Employers will first want to consider the possibilities, scenarios and outcomes, especially before taking steps to terminate a worker who may or may not have had intentions of surrendering his or her job.
In answering the question—“What should an employer do when an employee fails to show up for work?”—SHRM encourages employers to proceed with an open mind. In other words, employers should investigate thoroughly before automatically terminating an employee suspected of job abandonment.
Certainly it is an employee’s responsibility to report to work and to notify the employer or supervisor of scheduled or unscheduled absences. However, circumstances beyond their control may prevent a worker from notifying an employer in a timely manner.
Consider this: Perhaps the absent employee was seriously injured in a car accident. After being transported from the scene by ambulance to the hospital, the employee has been unconscious and in an intensive care unit.
During such times of crises, employers will not only want to do the right thing, but will also want to avoid making hasty or uninformed decisions that could put them at risk of costly lawsuits; such as those based on the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) claims.
It might be difficult to imagine that a worker today would desert a job without giving proper notice, especially during times of high unemployment. However, job abandonment occurs more often than one would think—which is why many public and private employers have job-abandonment policies in place.
In fact, human resource (HR) professionals recommend that employers think about the job abandonment termination process well in advance.
Monica Roddy, a certified HR professional associated with a large HR-services company headquartered in Houston, explains, “Long before an employee has an occasion to abandon the job, it is important that businesses adopt an employee absenteeism policy detailing the notification process. While employers are cautioned not to assume that all employee absences are automatically ‘no call, no shows,’ an absenteeism policy should cover: (1) how to handle unscheduled absences; and (2) what constitutes job abandonment.”
This policy statement should define job abandonment and should also clearly state employer expectations, consequences and processes. Employers may also want to consult with an employment attorney or an HR professional before finalizing a policy statement. And, the simpler the policy can be stated, the better.
For example, the following found online at www.shrm.org:
“An employee who fails to report to work and fails to notify his/her supervisor of the reason for absence from work for three consecutive workdays will be considered to have abandoned his/her job. The employee is deemed to have quit and will be terminated immediately.
“An appeal may be made in writing to the immediate supervisor. If it is determined that there were extenuating circumstances for the absence and failure to notify, the employee will be reinstated.”
Beyond that, a job abandonment policy should be shared with and communicated to all employees. It is also a good practice to document that the employee has received the job abandonment policy. This can be done by asking the employee to sign an acknowledgement form; employers should keep the original and give the employee a signed copy for their records, as well.
In addition to cautioning employers against jumping to conclusions (that employee “no calls/no shows” are automatically job-abandonment occasions), SHRM recommends that employers consider other factors.
Among them:
- Employers should check with their state unemployment divisions to become familiar with any relevant state laws and regulations. While job abandonment is generally considered a voluntary termination, nonetheless, employers must comply with applicable state laws and regulations.
- To date, there are no federal or state laws specifying the number of days that employees must be absent before declaring that job abandonment has occurred. However, in some states, case law has established that three consecutive days of absence is a reasonable period of time. Three days is usually long enough for an employer to investigate the employee’s circumstances and/or to determine that the employee has no intentions of returning to the job.
- Develop an investigative and documentation process. This process should certainly involve making attempts to contact the employee. In addition, a “job abandonment letter,” which explains the employer’s position and requests that the employee make contact with the employer, can be sent to the employee’s residence by registered mail. (See here to access a sample letter that can be modified to meet employer needs and situations.) If applicable, the employer can enclose COBRA and insurance forms. Before a final paycheck is cut, make sure relevant state laws and regulations are followed.
Again, while it is the employee’s responsibility to report to work on time or otherwise notify the supervisor of unforeseen circumstances preventing their attendance, employers will first want to investigate any missing-in-action workers and document accordingly. This is an important consideration, as well, because unemployment benefits are administered at the state level and decided on a case-by-case basis.
As a final note: Because job-abandonment related decisions can be affected or impacted by state and federal laws, employers may want to seek legal counsel or the guidance of a HR professional in dealing with employment irregularities.
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The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.