›

Terminate during disability leave

misklumisklu 16 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
One of our ee's has had some medical problems. He has been on lite duty the past few weeks. Now he has a slip from his doctor stating he will not be able to return to work until Jan. 2006.
We do not have 50 employees so FMLA does not apply. My question is can we legally terminate due to the fact we cannot hold his position and continue benefit coverage for 6 months while he is out on disability?
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • HRinFLHRinFL 376 Posts
    PMVote Up0Vote Down
    Since you are in NY, there is probably a state law that you need to look into to see if the ee has any protection similar to FMLA (Whatever and ray a?). Having said that, if there are no state requirements, you can discharge since the er does not fall under the FMLA. Before you make the decision to terminate, make sure that you review the ee's job description and determine that s/he cannot perform the essential duties of his or her regular position. Although not related, make sure that you do not have ADA issues with the ee. Also make sure you talk with your supervisors to see if there have been other similarly situated ees and what happened to them - you need to be consistent with past practices.
    Share on Facebook Share on Twitter
  • WhateverWhatever 1,945 Posts
    PMVote Up0Vote Down
    There is nothing special under law but....
    Do you have a written policy on disability leave? If so, enforce it. If not, what have you done in the past for people who are out due to medical problems?


    Share on Facebook Share on Twitter
Sign In or Register to comment.