FMLA/WORKERS COMP

lhernandez

We have an employee that soon should be ex employee. He was given FMLA and that has expired, he is still on WC and that should be ending in a few months. He has received a 10% impairment rating.
My question is: Now that we know what his impairmant rating (b/c we weren't sure if he could return to his position), when his WC benefits run out , can we at that time terminate him?

davids

You need to look at your state's workers' compensation regulations and your obligations when the employee becomes medically stationary. It's not clear from your posting whether the 10% impairment means he can no longer perform his former job duties. Whether he is awarded 10% or 90% impairment, it will still come down to his ability to perform his duties. You will also want to consider your obligations under ADA. With a 10% impairment, can he perform his duties with reasonable accommodation?

lhernandez

David, thank you so much for your input. He was told by his doctor that he needed to find a new trade because of the inability to perform his job duties which are lifting,pushing, climbing and other heavy manuvers that he must perform. He is an HVAC technician and there really aren't reasonable accomodations for this department since they are out in the field daily.
Your input has certainly helped me in thinking about our obligations under ADA. Again thank you.