It sounds silly to ask but how long does someone have to not show up for work before they are terminated? In fact, there are no federal or state laws that define the point at which constructive termination occurs by failing to come to work or notifying a supervisor, and the issue can come up in benefit or unemployment eligibility disputes. Although the dollars at issue are usually not large, to avoid annoying and time-consuming hearings you may want to add a simple statement to your employee manual indicating that failure to appear at work without notification for a certain number of days (three is what most law firms seem to use) constitutes termination.