The Risky Business of “Job Abandonment” Policies
Picture this: An employee stops showing up to work. No call, no text, no explanation. Frustrating, right? That’s why so many employers bury “job abandonment” policies in their handbooks—often declaring that disappearing for three consecutive days without notice means the employee has voluntarily quit. Seems tidy and efficient. But here’s the truth: Job abandonment policies can land you in serious legal hot water if you’re not careful. Let’s break down why. Protected Leaves Are a Thing That silent employee might not be off on a beach somewhere. They could be on protected leave under laws like the FMLA (Family and Medical Leave Act), the CFRA (California Family Rights Act), pregnancy disability leave (PDL), or the ADA or FEHA (disability-related accommodations). If you terminate someone without figuring out whether their absence is protected, you’re flirting with a wrongful termination claim. Disability Discrimination Risks Not all “no shows” are intentional. An employee’s absence might ...