Can we reclassify or terminate?
BLC
6 Posts
If a full time employee working for a company not subject to FMLA is released by a physician to return to work after an illness or injury with restrictions that prevent them from being able to work a minimum of 8 hours per day, can they be reclassified part-time or terminated if a part-time condition causes undue hardship to the company?
Comments
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James Sokolowski
Senior Editor
M. Lee Smith Publishers
If there are no positions that meet the restrictions imposed by the employee's physician, you would not be obligated to create a part-time position or continue to employ that employee. You would be free to hire someone who can perform fully the duties of the position. However at our company, we attempt to work with whatever restrictions are practical for our business, especially if the injury/ illness is temporary or expected to be of short duration. This could mean allowing the person to gradually work back into a full-time position- or we look for positions that might be better suited to that employees' capabilities, either on an on-going basis or for the short term. We instruct our staffs to try to work with employees if at all possible.
Tom