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Handicapped or not? HELP

pwilliampwilliam 4 Posts
in HR & Employment Law Vote Up0Vote Down
We have an employee who has worked here for 3 months. Her job requires that she be able to bend, stoop, climb, and be on her feet for long periods of time. Last week she brought in a slip from her doctor stating that she had a problem with her knee and would have to be sitting down to work. This would last until she had knee surgery, but he couldn't say exactly when that would be. Since she is not yet covered by FMLA would it be safe to let this employee go. Oklahoma is an "At Will" state, we can let an employee go for any reason other than Race, religion, sex, age etc....

Any help would be appreciated.
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Comments

  • 5 Comments sorted by Votes Date Added
  • LeslieLeslie 1,729 Posts
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    We have termed employees in the exact situation and thus far with no repercussions - they can no longer function in the job for which they were hired, and cannot tell you when they will be able to do so.
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  • PorkPork 1,271 Posts
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    PWILLIAMS: I would not hesitate to call this a medical disqualification based on a written physician's report of illness. Make sure you attach a copy of his/her report to the ee's letter of cancellation of your employee/employer relationship and call it quits now.

    Additionaly, in writing let the ee know when she/he has the medical condition changed and the same physician releases her/him to return to a work force that your company will be willing to review her qualifications and consider her/him for re-employment into any position in which he/she may be qualified.

    PORK
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  • pwilliampwilliam 4 Posts
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    Thank you so much for your prompt replies. I was thinking the same thing, but I wanted some reassurance.
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  • ShadowfaxShadowfax 910 Posts
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    You may not have any FMLA obligations, but have you coonsidered the ADA and whether or not you need to look at accomodation. I don't know where this would come out, but at least on the face of it she would seem to be a qualified individual with a disability.
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  • BalloonmanBalloonman 972 Posts
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    As this is a temporary condition, that will be corrected with surgery, then she is not disabled, nor would I consider her that.
    I would consider her unable to perform the essential functions of the job, and release her for that reason.
    My $0.02 worth.
    DJ The Balloonman
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