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Monica Roddy
HR is Key to Culture

Handling Employee Terminations in Job Abandonment Cases

Benefits and Compensation > Employee Benefits

By: Monica Roddy | Monday, October 20, 2008
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Job abandonment happens when an employee has no intention of returning to the job and does not notify the employer of an intention to quit.

First, Develop an Employee Absenteeism Policy

Long before an employee has an occasion to “abandon their 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 should explain procedures, requirements and consequences. The following example from CCH, a provider of business law information, helps illustrate these points that can be incorporated into an absenteeism policy: 

“Notification procedure. To obtain an authorized absence, call in, where possible, and let the appropriate person know that you are unable to come to work. The call should be made, if possible, no later than your regular starting time.

As for notifying someone that you will be late to work or will be leaving early in the event your work has been completed, we ask that you use your best judgment. If you know someone is likely to need to know that you will be coming in late or leaving early, you should call that person and let him or her know.

Failure to notify. If you don't come to work and don't call in, at some point we have the right to determine that you're not coming back. Thus, our rule is that unauthorized absences of three or more consecutive days without notice will be considered as a voluntary termination, and we will remove you from the payroll.”

Basically when an employee does not call or show up for duty, they are not reporting to work. Therefore, it is important to clearly detail the notification-requirements process beforehand. For instance, some employers’ policies instruct employees to call in and personally talk with someone if they are going to be absent.

Many absenteeism policies also cover what happens when an employee is absent three days. To deal with a specific employee problem, such as excessive absenteeism, you need documentation. For example, some employers require documentation such as a doctor’s note for employees who are absent three consecutive days. If this action becomes necessary, employees should be informed ahead of time that they may be required to provide documentation upon their return. As with all policies, the absenteeism policy should cover potential consequences for not following procedures.

Next, what can an employer do if an employee’s absence requires investigation and possible termination?

First of all, it is the employee’s responsibility to report to work and to report any unscheduled absences.  Accountability is on the back of the employee. Again, the absenteeism policy should explain that employees are expected (1) to report to work; (2) follow the stated policy procedures if circumstances prevent them from coming to work; and (3) to recognize stated consequences of job abandonment.

However, if an employee is absent and hasn’t notified anyone, here are two suggested steps that an employer can take before considering an employee termination:

  1. Employers can make an attempt to reach an employee. Sometimes extenuating circumstances prohibit the employee from notifying the employer or coming to work.  We never know what can happen to people that prevents them from notifying an employer. 
  2. A “job abandonment” letter can be mailed to the employee. If the employee has been absent for three consecutive days with no notification or return calls, etc., an employer can send a “job abandonment” letter to the absent employee. This letter will notify the employee of the job abandonment situation and request that the employee contact the employer. Furthermore, the letter can include opportunities and instructions for employee responses. They should be instructed to provide reasons that justify their failing to report to work and failing to notify the employer. The letter should also include a timeframe for responding.

Obviously excessive employee absenteeism can hurt a business, especially a small to medium-sized business. Employees who are excessively absent can affect productivity, morale (resentment can build when other people have to do the absent employee’s job), customer service and the bottom line. Therefore, it is important to manage this employee behavior from the beginning. Developing an absenteeism policy is a good way to start.

Legal Disclaimer
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.
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