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While this is a very common misconception, neither California nor federal law has a legal definition for "job abandonment." It is up to each employer to set a policy of how many days an employee may miss work without approval before the employer will consider that the employee has abandoned his job. This sometimes is called a “no-call, no-show policy.”
Sample language for a voluntary termination policy, including a definition of job abandonment, might be: “Voluntary termination results when an employee voluntarily resigns his or her employment at [the company], or fails to report for three consecutively scheduled workdays without notice to, or approval by, his or her supervisor.” The rule does not need to be exactly three days; it could be more or less, as long as the employer clearly spells it out.
Once an employee misses work without notice or approval for the specified number of days, the employer may consider that the employee has voluntarily quit his or her job.
Under California law, the employer has 72 hours after a voluntary resignation to prepare a final paycheck, including all unpaid wages and all accrued but unused vacation. The employer should notify the employee, either by telephone or mail, that the employer has accepted the employee’s voluntary resignation by job abandonment and that a final paycheck is available.
However, the employer should not mail the employee’s final paycheck unless the employee specifically requests that the check be mailed and provides a current mailing address (preferably in writing).
If the employer cannot reach the employee by phone, and the employee does not respond to a letter, the employer’s legal obligation is fulfilled by keeping the paycheck until the employee comes to pick it up or contacts the employer to request that the check be mailed.
Employers should use caution when enforcing a job abandonment policy. When an employer knows (or has reason to know) that an employee is ill or has a disability, or that an employee’s family member is seriously ill, the employer should make reasonable efforts to contact the employee to determine whether the absences are related to the illness or disability.
If so, the employer should consider whether the employee has any right to a leave of absence, such as a family medical leave, or a reasonable accommodation, including time off.
In addition, making an effort to contact an employee after the first unexcused absence could clear up any misunderstanding related to the employee’s work schedule or whether the employee wrongly assumed that permission had been granted for the absence.