[IASHRM] No-call/No-show

[Immerfall, Craig [IWD]]

Per IWD's Unemployment Insurance Law Judge:

 

To find a quit, we must find that the claimant intended to sever the
employment relationship.  The rule cited by Mr. Larson, 871 IAC 24.25(4)
to be exact, allows me to infer the intent if the person was nc/ns for
three days and the company has a policy to that effect.  If the company
chooses to go with a two-day nc/ns policy, then I can't presume the
intent to quit and must find it from other evidence.  Did the claimant
clean out his/her locker or desk?  Did the claimant return on the third
day ready, willing and able to return to work?  Does the claimant have a
reasonable explanation for the failure to call?

 

The toughest call to make is if the employer has a two-day policy; the
claimant skips two days (often a Friday and a Monday), but returns on
Tuesday at the regular start time and shows he/she is ready to go to
work.  The two days are presumably unexcused absences, but if the
employer steadfastly denies firing the employee, then I have an
analytical problem.

 

Some employers, who want to use a two-day nc/ns rule, solve the issue by
calling it a discharge.

 

 

________________________________

From: iashrm-admin at mallorn.com [mailto:iashrm-admin at mallorn.com] On
Behalf Of David.Larson at kemin.com
Sent: Friday, August 04, 2006 11:23 AM
To: iashrm at mallorn.com
Subject: [IASHRM] No-call/No-show

 


We currently have a 2-day no-call/no-show rule in our employee handbook.
We know that typically 3-day no-call/no-show policies are a norm.   

*	Does anyone have a policy of less than 3-days?   
*	Have you been questioned or lost unemployment hearings as  a
result?   
*	Does anyone know if IWD has a specific policy on 3-day
no-call/no show?


Iowa code 871-24.25 refers to an absence of 3-days "in violation of
company rule."  Is there a significance to 3-days if our company policy
is 2?  Obviously 3 days shows intent of a quit more so than 2 days. 

Thank you. 

David Larson, PHR
Snr. Human Resources Generalist
(515) 559-5275
(800) 247-7496 ext. 5275
david.larson at kemin.com

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