THE FIRST and most important step in explaining job abandonment is defining the action. Three consecutive days of absence without reporting to a superior and/or the failure to provide a certified sick certificate on the third day of absence (unreported or reported), has generally been accepted as job abandonment.
However, this practice was established solely by custom and practice. As there is no legal definition for job abandonment individual organisations should endeavour to define what constitutes the action in a company policy.
The definition above maybe optimum for some work environments. However, add the complexities of shifts or high risk areas and one will quickly discover the inadequacies of depending upon this blanket definition.
It is almost impossible to anticipate every situation in a policy. Nonetheless, having a framework to build upon and reference is essential. Questions like the following should be considered when compiling:
If the employee does not show up for a designated shift or fails to come back from lunch or from a break, does this fit the requirement for job abandonment? If the employee requested time off, but hasn’t received approval and takes the time off, is he considered to have resigned?
For example, company policy can dictate that three shifts missed without contacting the supervisor constitutes job abandonment.
Without that policy, the company is in a difficult situation; especially if there have been instances of colleagues being terminated for more or less absences.
The degree of inconsistency can be used against a company in a legal process.
Notwithstanding all that has been said, it must be emphasized that any policy should clearly delineate both the employee’s and the employer’s responsibility.
Further, it must be emphasized that an employer should conduct a reasonable investigation into a case before announcing job abandonment. Though not legally required, it is a good practice; this could be done by trying to contact the employee and/or their listed “next of kin”. Should this fail, the next step would be to send a job-abandonment letter.
The letter should explain the employer’s position and require the employee to contact the employer if there are any circumstances of which the employer is not aware, such as a medical issue that could potentially change the employer’s action. The letter may ask the employee to contact the employer within a specified time frame to discuss the absences or the employee will be considered to have abandoned the job or voluntarily resigned from the position.
It is prudent for employers to document each step of a job abandonment termination. This is because proving the action brings the “intention” of the employee into question such an intention must be inferred from the particular circumstances.
The onus is therefore on the employer to be able to sufficiently prove abandonment through accurate documentation.
In most instances, job abandonment is considered a voluntary resignation. This means the employee is not eligible for unemployment benefits following termination. Once the employee is terminated, a letter is often mailed to the employee. This letter is generally called a notification of termination due to job abandonment. Wages the employee has earned before the termination should be paid on or before the next scheduled pay date, as well as any outstanding vacation leave monies.
Whether the employee is able to claim benefits available to a recently resigned employee, such as continuation of medical coverage for a period will be dependent on the particular employer.
Depending on custom and practice to guide your operations in instances of job abandonment is risky, having a policy and termination process in place, that’s clearly documented, will pave the way for smooth handling of situations in which job abandonment may arise.
