Question: We keep running into situations where employees stop showing up and communicating with us. Sometimes we don’t hear anything, sometimes they stop communicating while on approved leave, and sometimes we know they’re missing work due to a medical issue but they’re not calling in. How should we address these scenarios?
Answer: Ghosting by employees is frustrating and disruptive, but you have options and if you remain proactive, you’ll be able to move forward as quickly as possible. Here’s what we’d recommend for those scenarios:
If you don’t hear anything: Follow your attendance policy and any standards you’ve set for job abandonment. Many employers use a three-day “no call, no show” rule that results in a termination. You could automatically fire the employee, but being proactive and trying to find out why they didn’t show up for work can be helpful. It contributes to a culture where employees feel valued and appreciated, while also ensuring you don’t terminate someone who might be hospitalized, missing, or worse. If you reach out and end up leaving a message, be specific: explain how they can contact you, when you need to hear back, and what information you need (such as the reason for their absence), while reminding them of their next scheduled shift. If the employee doesn’t respond to your messages, you can also consider reaching out to their emergency contact to confirm that the employee is okay.
If they’re on leave but not communicating: Every leave situation should come with clear and reasonable check-in expectations up front. We recommend requiring employees to communicate at specific intervals, while providing an update on their leave status and projected return date. The frequency should be reasonable and tailored to the length and reason for leave. If the employee fails to meet those requirements, address it like any other performance issue. Let them know they missed a required check-in, reiterate the expectations, and give them the opportunity to comply. If they’re on protected leave (such as federal Family and Medical Leave Act (FMLA) leave or leave as an approved accommodation under the Americans with Disabilities Act (ADA)), be cautious about ending employment and give multiple opportunities for the employee to follow up before considering termination.
They’re missing work due to a medical issue, but they’re not calling in: Your legal obligations will depend on what you know about the medical issue. If your knowledge rises to the level of triggering leave law compliance (for example, because the employee informed a supervisor or HR of the medical issue), be thoughtful about giving the person a chance to provide the information you need to comply with those laws. Ultimately, you can still hold them accountable to your call-in standard, but like the scenario above where they’ve been on leave, you want to make sure you give clear expectations and chances to comply.
These situations can become complicated and your risks will depend on what’s going on. It helps to have a standard practice of staying on top of attendance issues—this usually requires diligent communication between front-line supervisors and HR. If days or even weeks go by without anyone addressing failures to call in, it can be tough to apply your policies consistently, which is essential in defending your organization from discrimination claims. Document the steps you’ve taken in case you need to defend yourself, and if you have any questions or concerns, members can reach out to your Vigilant Law Group employment attorney.
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