No-show to work after non-work related injury

[Trisha Drew]

#98161

Forum: Private

Hello again, we have an employee who stated (over a week ago) that they could not report to their work shift due to a non-work related injury which occurred outside of work hours. We have made repeated attempts to contact the employee with no-show/no-response to our emails and phone calls. We also requested a functional abilities form to ensure a safe return to duties, with no response form the employee. The employee’s last day of work was January 20/26 and our last communication from him was January 29/26. We have continued to try to converse with him this week, have clear documentation of our contact attempts, and issued a final notification for opportunity to respond. As there is a break in payroll, and no contact, we are prepared to terminate for job abandonment. Is there anything further we should include in communication to the employee? Thank you!

[Haley O’Halloran]

#98162

Based on the information provided, you appear to be on solid footing to proceed with termination for job abandonment, provided your final communication clearly demonstrates procedural fairness. While the employee initially advised of a non-work-related injury, the primary issue is the ongoing lack of communication, failure to attend scheduled shifts, and failure to provide any medical or functional abilities information despite repeated employer outreach.

Your final notice to the employee should clearly outline the concerns in neutral terms, including the dates of missed shifts, unanswered contact attempts, and the absence of medical documentation. It is important to acknowledge the employee’s earlier reference to an injury and confirm that the organization remains willing to consider accommodation should appropriate medical information be provided. This helps demonstrate that the decision is not related to the injury itself, but rather to the employee’s failure to maintain communication.

The communication should include a specific deadline for the employee to respond and clearly state that failure to do so will result in termination due to job abandonment. It should also specify what is required to avoid termination (e.g., contacting the employer and/or providing a medical update) and list acceptable methods of response such as phone or email. Sending the notice through more than one method, where possible, is considered best practice.

Provided these steps are taken and your documentation is complete, the organization is acting reasonably and in line with Canadian non-union HR best practices. Continued attempts to contact the employee beyond a clear final deadline are not required where there has been no response and a break in payroll has occurred.

Important note: This does not count as legal advice, and I always recommend contacting legal counsel to remain fully compliant and know your rights as an employer.

-HRInsider Staff

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