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Wed, Nov 07, 2012 05:19 PM
I need some advice. We have an employee who has been working for us since April 2012. He does not have vacation or sick time until next April. Last Thursday, November 1st. His wife called and said he never made it home from work. Myself and his supervisor, called his cell numerous times, leaving him a message to call us as we were concerned. My employer called all the hospitals in the area to see if he was there. (He has diabetes and does not take care of himself).
Our first thought was something happened, and we were concerned (I was worried). He does not qualify for FMLA, and he has had three "No Call, No Show". He told his Supervisor Sunday night he was having problems and that the state may Baker Act him. We have no documentation, or verification he was hospitalized at a psych hospital.
What are my requirments for this since he claims it is medical, and he told his Supervisor. So I am hearing it 2nd hand, and the employee's phone has been shut off. Can he be terminated?
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November 09, 2012 10:37 am
First and foremost, refer to your company's policies for leave of absences to make sure there are no company-specific policies regarding medical or emergency leave for employees who are not eligible. Also, double check your "no call, no show" policy to make sure that the employee meets the criteria for termination. (It sounds as though he does).
Secondly, document, document, document all attempts to get in touch with the employee. Do you have a contact number for the wife and have any attempts been made to reach out to her? Not required, but it would be good to be able to document those attempts as well. Have the supervisor document his conversation with the employee.
Third, look at any previous situations where an employee was a no-call, no show. This employee should be handled the same way any other employee who is a no-call no show. Although he mentioned a problem, he never provided any documentation. Unless he requested an accommodation of some kind, there is no obligation along that line.
Finally, if the employee has no Vacation, Sick or PTO time available and has not contacted your company at all, then it should be no problem to terminate him. Copy the relevant policies and reference them in your documentation for the termination.
Best of luck!
Human Resources Consultant, SPRH
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