FMLA/ADA/WC

benefits · August 2001

I have an employee who was in the middle of disciplinary actions, and he is also handicaped. One Friday afternnon at 5:15 he fell. No one saw him. We initiated the paperwork for Workers' Comp and began the process for medical treatment. We also informed him that his leave would be FMLA. He has been out for 12 weeks receiving WC benefits. (we are fulling insured) At the end of 12 weeks, he indicated that he could return to work if we would provide personal transportation for him from the parking garage to his office (approximately 250-300 ft). He requeted under ADA that as he arrives in the garage and parks in the handicap parking he would call his department and an employee would come and transport him in a wheelchair to the office. Our WC carrier is currently investigating the claim. We determined that under ADA, we did not have to provide him transportation to the office. We also sent him a letter advising him that his job is no longer available (expiration of 12 weeks) and we offered him a 30 persaonal leave (as we do with any other employee). At the end of 30 days we will then terminate his employment.

This is a very legalistic employee who has already advised us that he has legal representation. Although we have no official notification of legal action begin taken.

Are there any bases that we need to cover to ensure that we do not hang out to dry.

do other organizations terminate employees who are unable to return after 12 weeks due to medical reasons?

Thanks

Gar · August 2001

I sure hope you reviewed the decision to terminate this guy's employment with legal counsel. On it's face, it sure looks like you're retaliating against him because of the W/C claim and his request for an ADA accommodation. If I were this guy, that's what I'd claim. Be careful!!!

Don Avery · August 2001

It has all of the appearances of being extremely opportunistic in eliminating an employee who has not been performing well, but on whom you do not wish to spend any more time. I would expect reviewers to also suspect that.

Melanie · August 2001

Apparently he came up with one accommodation, I haven't heard what you came up with as a potential accommodation for the employee. You do not have to transport him from his vehicle to the office, but there must be some other type of accommodation that does work. In order to look good in court, you must show that you have offered a reasonable accommodation and that they turned it down.

FMLA/ADA/WC

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