HR Base Camp Roundup – March 8th, 2022

This week in HR Base Camp and the HR Solution Center, employers asked about final pay rules when employees abandon their posts and engaging with employees who miss work due to a medical condition. Here are our top Q&As from last week.

  1. Can a no-show employee demand their final paycheck in advance of the next payroll date?
  2. What do you do when an employee is missing work due to a medical condition but hasn’t formally requested an accommodation from you?

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Can a no-show employee demand their final paycheck in advance of the next payroll date?

An employer had a staff member no-show for work several days in a row. The employee then called a few days later to demand outstanding payment.

Answer: There are a few factors to consider here. Without knowing any of the surrounding details, we’d say to treat the day she contacted you as her last day. Find out the requirements for timing of the last paycheck and whether any vacation payout is owed in your state. As others have said, you may be required to pay her prior to the next payday, depending on your state. 

Also, send her a certified letter accepting her voluntary resignation. As we said, we don’t have all the details here so we’re guessing this is job abandonment and therefore resignation. To make sure this is handled and documented the best way possible, we’d want to know what was previously going on with this employee, what shifts were missed, what communication was made or attempted on both sides during her absence, what your handbook policies say about attendance and time off, and what was said in the final communication. 

These are all the types of details the HR experts in our Solution Center would walk you through to ensure the best possible outcome for your business in this type of situation. To talk to someone about membership, set up a 15-minute appointment with a CEDR Account Specialist here.

Also, if you need it for the future, here is a link to a free Voluntary Resignation Form you can use at your practice.

View the full discussion of this topic in our private Facebook Group, HR Base Camp.

 

What do you do when an employee is missing work due to a medical condition but hasn’t formally requested an accommodation from you?

An employer was aware of a medical condition that was causing an employee to miss work, though the employee had never formally requested an accommodation for the condition.

Answer: We’re sorry to hear about your employee struggling. The best way to address this situation is to engage in the interactive process. California actually requires this for employers who have 5 or more employees and become aware that the employee needs accommodation. 

Since the employee has mentioned their condition to you verbally and you have witnessed the need for them to have an adjusted schedule due to her pain, this is the proper next step. This piece of HR education describes the interactive process in detail

We know how hard it is for both employers and employees when situations like this arise and we hope engaging in the process can help.

View the full discussion of this topic in our private Facebook Group, HR Base Camp.

Have an HR question you want answered? Ask CEDR’s HR experts in our private Facebook group, HR Base Camp.

 
Not a CEDR Member? Get additional guidance and updates in our private Facebook Group. Click to join!

Mar 7, 2022

Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
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