We are a small company. My secretary took Holiday leave December 5th and was to return Jan 5th. She emailed me that she is needed out of state to tie up some family affairs and is not sure exactly when she will return. It sounds like she would like me to hold her job, but we are VERY BUSY and I NEED HER BACK ASAP. CA does not have job abandonment laws, at some point is it fair to say she quit, rather than me firing her? Thank you!

Do the family issues fall under FMLA? Do you fall under FMLA?

Do the family issues fall under FMLA? Do you fall under FMLA?


We have fewer than 50 employees so I dont think so. I have not granted leave beyond her requested holliday leave (no pay), but I really dont know much about FMLA. Her step mother is sick, but I dont think she is the only person to take care of her step-mother, her father lives with her step-mom.

So if she is absent without approval, that would be grounds for termination. Your business needs require an employee to be present, and she is not there.

No state has job abandonment laws, if by that you are meaning that the law specifies a period of time under which failure to return is always job abandonment.

In your shoes I would send her a letter stating that you are no longer able to hold her job and if she has not returned to work by (date five to ten days in future) she will be considered to have voluntarily resigned.

No state has job abandonment laws, if by that you are meaning that the law specifies a period of time under which failure to return is always job abandonment.

In your shoes I would send her a letter stating that you are no longer able to hold her job and if she has not returned to work by (date five to ten days in future) she will be considered to have voluntarily resigned.

thank you.