Job Abondonment

[Uzzan Tshiband]

#91590

Hello, I’m looking for guidance on number of absences without authorization that can be considered as job abandonment in different jurisdictions: Essentially, I would like to determine the number of days an employee can be out before being considered AWOL and employee initiate a termination.

Thank you

[vickyp]

#91633

There is no fixed number of days by law to initiate job abandonment; it is contingent upon your communication, internal policies, and undue harm.

You are required to take all reasonable steps to notify the absent employee that there is an attendance issue and that you intend to initiate job abandonment termination with cause proceedings. You must give reasonable notice – which is not easily defined, but courts often see it is in excess of 10 days.

All of this can be avoided with a job abandonment policy (you can download one from HR Insider), but in your current position, we would recommend a courier letter, voice calls/messages, and well-documented communication records before proceeding with the termination.

HR Insider staff

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