Is it job abandonment if you tell someone we can’t hold their job

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Is it job abandonment if you tell someone we can’t hold their job

Employee has been out on seven weeks
part-time disability for maternity was
called and told we could not hold her
job past May 1st we are a business of
for employees including the boss . The
employee said she would tell her Dr we
asked her to keep in touch and let us
know we never heard from her again

Asked on May 9, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your company is large enough to be covered by FMLA (at least 50 employees who work within a 75-mile radius) and this employee is eligible for FMLA (worked there at least a year; has worked at least 1,250 hours in past 12 months) and she asks for FMLA leave, you'd have to hold her job for up to 12 weeks (that is, she would get up to 12 weeks unpaid leave). If she is there part time, the amount of time you'd have to hold her job is extended (e.g. she gets up to 12 full time weeks worth of time). But if FMLA is not available (e.g. your company is too small), you have not obligation to hold her job for her in this circumstance: if she has left and does not even communicate with you, you can treat her as having abandoned her job and terminate her.


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