Title: | Unauthorized Absences & Job Abandonment | Publication date: | 3/31/2022 | Effective date: | 10/30/2006 |
POLICYA. PurposeBerkeley Lab expects employees to be at work during their regular work schedules. If an employee is unable to be at work, the employee is expected to request time off from the supervisor in advance of the expected absence, if possible. If advance notice is not possible, employees are expected to contact their supervisors about the absence as soon as is reasonable. B. Persons AffectedThis policy impacts all employees. Represented employees should consult their collective bargaining agreement (CBA). C. ExceptionsUnless there is explicit and specific authorization by this policy for an action by this policy, the action is considered to be a variation from the policy and must be approved in advance, at minimum, by the Chief Human Resources Officer (CHRO). D. Policy Statement- An employee must be at work during their regular work schedule unless an absence from work has been authorized by the supervisor. The supervisor determines whether an absence is authorized or unauthorized, in accordance with the procedures below and with applicable Human Resources policies and collective bargaining agreements (CBAs). A supervisor must respond to unauthorized absences using appropriate reduction of compensation and the Berkeley Lab normal counseling/corrective-action/disciplinary procedures. A supervisor must not approve the use of vacation leave, sick leave, or leave without pay for unauthorized absences.
- Unauthorized Absence: In case of an apparent unauthorized absence, the supervisor must inquire into the circumstances of the absence. If the supervisor determines that the absence was due to an unforeseen event, outside the control of the employee, and which precluded the employee from contacting the supervisor, the supervisor may retroactively authorize the absence. If the absence is determined to be unauthorized:
- The employee's pay shall be adjusted for each period of unauthorized absence. Non-exempt employees will have their pay reduced in 15-minute increments. Exempt employees will have their pay reduced in full-workday increments when absent without authorization for one or more full workdays.
- The supervisor will counsel the employee and, at a minimum, make a record of the incident. In some circumstances, corrective action may be warranted, in which case the supervisor will consult the division's Human Resources Field contact on the appropriate course of action.
- Job Abandonment
- In the case of job abandonment, the responsible manager, after consultation with the division's Human Resources Field contact, must provide the employee with written notification of intent to separate the employee. This notification must include the reasons for the separation, the employee's right to respond to the responsible manager within 14 calendar days, and a proof of service. The notification must be sent to the employee's last known mailing address.
- The employee will have 14 calendar days from the mailing of such notice to respond to the responsible manager prior to the employee's own separation. The response may be, at the option of the employee, either oral or in writing. The manager receiving the response must have the authority to effectively recommend reinstatement of the employee.
- Following the employee's timely response, or 14 calendar days, a final decision will be made. The employee must be notified in writing of the responsible manager's decision as contained in the Corrective Action and Discipline policy.
- During the above process, the employee will be placed on unauthorized leave of absence without pay beginning the first day of missed work.
- See also the Family and Medical Leave policy if the reason the employee does not return to work is for medical reasons.
E. Roles and ResponsibilitiesRole | Responsibility | Chief HR Officer (CHRO) | Has the functional responsibility for this policy | Employees | Have the responsibility to adhere to the provisions of this policy | HR Division | Has the responsibility to advise management and employees on how to comply with this policy | Managers and Supervisors | Have the responsibility to adhere to the provisions of this policy |
F. Definitions/AcronymsTerm | Definition | Job Abandonment | Five consecutive workdays of unauthorized absence | Unauthorized Absence | Absence from scheduled work without supervisory approval |
G. Recordkeeping RequirementsRole | Responsibility | Health Services | Is responsible for the confidentiality and maintenance of medical records as they pertain to the employees' medical leave requests | Office of the Chief Financial Officer (OCFO) | Is responsible for maintaining employee time records
Non-exempt employees: Berkeley Lab will record leave used by non-exempt employees to the nearest quarter-hour.
Exempt employees: Berkeley Lab will record leave used by employees in half-day increments or in increments of not less than that portion of the day during which an employee on less than full-time pay status is normally scheduled to work. |
H. Implementing DocumentsNone I. Contact InformationFor more information, contact your division's HR Field team.. Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov. J. Revision HistoryDate | Revision | By whom | Revision Description | Section(s) affected | Change Type | 1/2/2012 | 1 | M. Bello | Rewrite for wiki | All | Minor | 3/31/2022 | 1.1 | W. Crosson | Periodic review: updated links; removed outdated implementing documents; removed existing gender pronouns and replaced with gender-neutral language | All | Editorial |
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