Can an employee call out sick for an indefinite time period?

I have a salaried (Exempt)co-worker who called out sick on a Wednesday. On Thursday he was a no call no show, on Friday he went to the hospital and was subsequently discharged that Sunday. Over the next 6 days after his discharge he was called over 100 times to find out his status. He texted a message to his supervisor on the 6th day that he was still sick maybe he might come in next week. It is now day 14 and we are still in the dark when this employee is coming back as we have had absolutely no communication other than his initial callout and 1 text message despite numerous attempts to his wife, house and his personal cell phone. Is it considered job abandonment since he has failed to call out each day?

2 answers  |  asked May 21, 2012 2:54 PM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
The first question is whether you have a policy in your office regarding sick leave, call-ins, etc. If you don't already, it would be a good idea to adopt on. Regarding this employee, most likely you can send him a letter terminating his employment. It is not reasonable for him to fail to communicate with you, and fail to return your calls. If, however, you have more than 50 employees within a 75 mile radius of this employee's wore site, then you need to get some legal advice regarding the FMLA (Family and Medical Leave Act). You can email me if you need additional information. phyllis@towzey.com.

posted by Phyllis Towzey  |  May 22, 2012 08:38 AM [EST]
Arthur Schofield
There is more to this question that you realize. There are both ADA and FMLA issues which would need to be explored, both on a coverage standpoint of you as the employer and the employee. If you would like to discuss this, contact my assistant, Renae, to schedule a time to speak with me. 561 655 4211

posted by Arthur Schofield  |  May 22, 2012 06:38 AM [EST]

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