If an employee does not provide required medical certification for PDL but takes the time off, can they be terminated for job abandobnment?

Asked on October 16, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can be terminated. While an employer has to allow an employee to take PDL, the employer only needs to do so if the PDL requirements are met, and the employee has to meet her own PDL obligations which are not particularly onerous in any event. A  failure to follow requirements or failure by the employee to fulfill her obligations means that instead of authorized PDL, it's an unauthorized absence. Before terminating her, send her another letter by some way or preferrably ways you can prove delivery e.g. certified with return receipt fed ex fax or email and save the transmission report--several modes are better than one laying out what she needs to do and that if she cannot, her absence will be unauthorized and subject her to termination.


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