Workers Compensation

pheimbecker

I have an employee that is out on Workers Compensation. I have made many attempts to have this employee communicate with me regarding his return to work status. He refuses to return my calls and make scheduled appointments. Can I terminate his employment? If so, under what grounds?

Thanks::angryface::

ACU Frank

In cases like this, I always take the safest route to termination, which is a certified letter requiring a response by a specific and reasonable date and promising termination if that response deadline is not met. Nothing short of that allows me to sleep at night.

kdigangi

We also utilize an outside loss management services company. It's a self-employed registered nurse who has put together a group that offers a variety of services. We use them for medical surveillance, flu and Hep B shots and some training. They have a team that is particularly good at WC case management. Much less costly than an attorney and more effective.

I don't use them as much as my predecessor as I've brought a lot of the training inhouse, but I find them a valuable resource to have. Don't know if such services are available in your area.

davids

I would proceed cautiously. First, I assume you have information on his status from your workers' compensation carrier. Are they telling you that he has been released to return to work? Second, I also assume that the employee is eligible for FMLA. What did the FMLA certification say? And, what is your normal practice/policy for employees on FMLA and/or workers' compensation? How often do they have to check in with you?

If you have covered your bases on all other issues, I agree with Frank. Send a certified letter asking the employee to contact you be a certain date. If he fails to do so, follow your regular procedures for terminating an employee on leave who doesn't keep in contact with you.