• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Can we terminate a no-call/no-show employee?

by on
in FMLA Guidelines,Human Resources

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

A.
One risk that leaps to mind is potential discrimination liability if this employee is in a protected class and you have not uniformly applied this policy in the past. Another potential landmine is exposure under the FMLA if this employee is out of work because of sudden and unforeseen illness.

The recent amendments to the FMLA’s regulations, however, give some much needed protection to employers who apply policies such as yours. According to the regulations (Sect. 825.303): “When the need for leave is not foreseeable, an employee must comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.”

A recent U.S. Labor Department opinion letter says these rules permit the enforcement of reasonable call-in procedures. It says: “Where an employer’s usual and customary notice and procedural requirements for requesting leave are consistent with what is practicable given the particular circumstances of the employee’s need for leave, the employer’s notice requirements can be enforced.”

In your case, you should be free to terminate your AWOL employee under this regulation. If, however, you later learn that the employee could not call in because of unusual circumstances, you may have to retroactively grant FMLA leave for the absences and rescind the termination.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9778/can-we-terminate-a-no-callno-show-employee "

{ 1 comment… read it below or add one }

Nitza December 6, 2012 at 3:52 pm

Thanks

Reply

Leave a Comment