Please Advise - I Have A Staff Member Who Requested Time Off With The Specific Understanding She Would Be Back On A Particular Day. I Had To Telephone Her, She's Decided To Take Another Month Off. Had I Not Called Her She Would Not Have Let Us Know - Can This Be Considered Job Abandonment In The State Of California?
CaLaborLawAttorney
05-26-2008, 11:03 AM
What does your employee handbook say on this? If it does not address it, you should define it. Also, if her leave is not protected ie. Family Medical Leave, workers comp etc. California is an "at will" state.
Kick Me
05-26-2008, 11:05 AM
Your post with the first letter of every word in upper case is VERY hard to read.
From what I could garner you have an employee who requested leave.
At some point it was approved for her to take leave.
She didn't return on the day you understood that she was going to be back. (How did you determine what day she would be back? Was it in writing or a verbal confirmation?)
You called her.
She wants another month of leave time off.
If that is correct then let's go from here;
What kind of leave sick, personal, or other?
Was it protected by FMLA?
When you called her to inquire as to why she wasn't back when understood
she would be and she said she needed another month off, what did you say?
Did you object?
Did you indicate that IF she took another month off it would be considered job abandonment?
Most importantly as mentioned above was her leave protected by the FMLA of 1993?
Please do not capitalize each word; it makes your post very hard to read.
There are no laws in any state that spell out, x is job abandonment, y is not. What you describe COULD be considered job abandonment but not necessarily.
What is the reason for her leave, why does she need the extension, and how long has she been gone? It makes a difference how I advise you.