In California, job abandonment is when you simply stop showing up to work, but without formally submitting a notice of resignation. The law does not specifically define how much work you can miss before your employer can lawfully treat you as having abandoned the job.
Your employer’s policies may set how long it takes, however. If you are terminated or disciplined for absenteeism related to a protected right, such as sick leave, you may have legal recourse.
Does California or federal employment law define job abandonment?
No, neither federal nor California state law specifically defines what job abandonment entails. While job abandonment is widely agreed to be a series of consecutive days of unexplained absences from work, the law does not state the precise number of days required. Instead, the number of consecutive absences has to be enough to indicate that the employee does not intend to return.
Without a state or federal law to state how many straight absences are required to constitute job abandonment, it falls to the employer’s policies.
What are some common job abandonment policies?
Many employers have job abandonment policies in place. They are generally found in the employee handbook or manual. Occasionally they are a part of the employment contract.
These policies generally include the following provisions:
- how many consecutive days of unexplained absenteeism – often called “no-call no-shows” – it takes to create the presumption that an employee has abandoned his or her job,
- what disciplinary actions will be taken,
- what, if any, exceptions will be made,
- who the employee is to call when notifying the employer of a sudden absence – usually the human resources department, and
- who the employer is to contact when the worker is absent, often in the form of an emergency contact number, and how often the employer will try to make contact.
Many employer policies state that it takes 3 days of consecutive absenteeism to constitute job abandonment. However, you should review your company’s policy to make sure. If your position is an essential one at work, it may be shorter.
Some job abandonment policies have a sliding scale of sanctions for absenteeism. For example, it may be company policy to put employees on probation for 2 days of no-call no-shows, and then terminate them at the end of the 3rd.
What circumstances can lead to a no-call no-show?
Employers are often quick to claim that there is no excuse for not providing advance notice that you will miss work. However, there are many circumstances that lead to a no-call no-show. Only some of these causes are unjustifiable.
Among the legitimate reasons for missing work without notice are:
- medical reasons, especially if it is a medical emergency that leaves you unconscious or unable to communicate with your employer,
- a car accident,
- a family emergency,
- incarceration,
- an unforeseeable and sudden problem getting child care,
- serious car problems, or
- getting stranded somewhere with no reliable means of communication.
While these are unexcused absences, none of them indicate an intent to abandon your job.
Note that in an emergency, employers may not take or threaten adverse action against you for refusing to come or stay at work because you have a reasonable belief the work site is not safe.1
How hard do employers have to try to communicate with absent workers?
Employers must be careful when claiming that a worker’s absenteeism amounts to voluntary resignation. If they terminate you for the wrong reasons, you can file a wrongful termination lawsuit. To avoid this situation, employers will generally take steps to determine whether you are abandoning your job or if your absence is justified. Company policies often lay out what steps are to be taken in the employee handbook. If they do not take these steps, they can struggle to prove that you intended to voluntarily resign.
For example: Kate is on probation for excessive absences. She makes a phone call to her boss early in the morning to say that she needs to seek medical attention. Later in the day she provides a medical note that states she will need the entire workweek off. Later in the week, Kate sends another email stating that she needed another week of medical leave, attaching another doctor’s note. Kate’s employer never follows up with her. Kate is then terminated for job abandonment. When Kate sues for wrongful termination in violation of her medical leave rights, the court states that her employer had an obligation to follow up on Kate’s condition before presuming that she abandoned her job.2
What happens if I get terminated?
If you get terminated for job abandonment, your employer must:
- provide a termination letter or a job abandonment letter,
- pay you your final paycheck, and
- send information about continued employee health insurance or COBRA (Consolidated Omnibus Budget Reconciliation Act) insurance.
Job abandonment is considered a voluntary resignation. This means you are not entitled to unemployment benefits.
However, if you were legally exercising your workplace leave entitlements, the termination could be a wrongful one.
What if I was taking a leave of absence?
If you were taking a leave of absence from work using unpaid or paid time off (PTO) provided by a state or federal leave law, then you have not abandoned your job. If your employer fires you for job abandonment, you can file a wrongful termination claim. If your employer disciplines you for absenteeism, you can file a claim for workplace retaliation.
Some of the most common types of leave that lead to allegations of job abandonment in California are:
- family and medical leave, including under the federal Family and Medical Leave Act (FMLA),3 and
- unpaid leave under the California Family Rights Act (CFRA).4
These labor laws give you several months of unpaid time off to deal with a medical condition or to help a family member overcome health problems. While the time off is unpaid, your job is protected while you are on leave. A termination of employment for using your rights under these laws is unlawful.
Do I have to give two-weeks notice – or any notice – to quit work?
There is no California law or federal law that requires you to give any notice prior to quitting. Though if you give less than 72-hours notice, your employer does not have to immediately give you your final paycheck: They have 72 hours to pay you.5
However, check your employment contract or employee handbook: There may be a provision you agreed to that requires you to provide a certain amount of notice in order for you to receive your final paycheck.
Additional reading
For more information, refer to the following:
- How To Resign From Your Job In The Most Professional Way – Article by Forbes.
- How to Write a Job Resignation Letter – Guide by Business News Daily.
- 3 Best Resignation Letter Examples – Samples and tips provided by The Entrepreneur.
- Top 10 Good Reasons to Quit Your Job – Discussion by financial website, The Balance.
- Why Does Quitting Your Job Still Feel So Hard? – Article by BBC Worklife.
