When employees on FMLA leave ‘ghost’ their employers
“Ghosting” is a term that involves suddenly ending all communication with someone. When employees are on leave under the federal Family and Medical Leave Act (FMLA), their lives have, in some fashion, taken a bit of a turn. They might not be thinking about work as usual. They might even be dealing with situations where they are physically unable to respond to their employer.
If employees on FMLA leave stop communicating with their employer and won’t respond to messages, employers can take some careful steps while staying compliant with the FMLA.
4 steps to employee communication
- Prepare: Before employees go on leave, employers can talk about what employees should expect in the way of communication. This isn’t always possible, however. The need for leave can come up suddenly, making it tough to plan ahead. Having a policy can help, but when things go sideways, employees might not be thinking about workplace rules.
- Try different methods: Employers should try contacting employees using various forms of communication, such as calls, texts, emails, regular mail, and even registered mail. If employers have a reason to believe an employee could be dealing with a medical issue or emergency, they might reach out to the employee’s emergency contact. Employers should document all communication attempts.
Employers should be patient. Remember that the “H” in HR stands for “human.” Life throws curveballs, and having someone in their workplace corner can help employees return to work and help employers avoid the risk of a claim. - Review the “no-call, no-show” policy: If all communication attempts are unsuccessful, it may be time to review the no-call, no-show, and/or attendance policies. These often indicate when employers might consider an employee’s absence as a voluntary resignation. Employers might need to make exceptions to the policy in the event they find out an employee is dealing with a medical issue protected under the FMLA, or other law.
- Potential termination: If employers learn that there’s no reason justifying an employee’s ghosting activities after taking the appropriate, well-documented steps, they may begin moving toward termination.
Employers must consider all the facts involved in each situation. The devil is in the details.
Once employers identify an effective communication method with an employee, they should keep the line of communication open. Good communication can improve overall employee relations. In turn, this can help improve a company’s image, strengthen hiring and retention goals, and help create a work environment that no one wants to ghost.
Key to remember: If employees on FMLA leave ghost employers, employers may take some steps to help establish communication.