Disability and a Driver

HR in NY

We are a Food Distributor, making deliveries in about a 200 mile radius from here. We employ CDL Drivers. One of our Drivers, who holds a CDL license, had a seizure at the end of August. While having the seizure he fell out of bed and broke his shoulder. Needless to say he has been out of work since then on Disability. The short-term disability will end at the end of February. According to DOT regulations, at least in NY, someone who has had a seizure cannot hold a CDL license for five years, during that time they must be seizure free and not on medication.

My question is what do we do and what can we do? He cannot drive for us for five years. We have no other comparable job. Do we have the right to terminate after his disability is over? Any input would be very helpful. Thanks.

Gillian

Yes. Driving is the job and if the person can't drive then they can't work.

Damien

Our requirements for our Class "A" CDL drivers is possessing the license and being able to pass/renew a DOT physical. If any driver has an injury or illness, work related or not, our Safey and Insurance departments require them to have their physicals recertified in order to return to work. If they can't pass the physical or they don't have a valid license, they can't drive, period. They may be considered for other non-driving positions, or terminated. Hope this helps.

Cindy Hanna

I would send the ee in for a physical. I am sure the ee has to have a physical every year because of his situation. As you know a person must have a Federal Medical Card along with his/her CDL.

Don D

HR: Wouldn't it be great if you could scout around and turn up an alternative job for this driver who will very likely have a tough time finding something else. Don't you have jobs in packing, loading or dock supervisor (not requiring tow-motor operation), dispatch, customer service, road-breakdown unit, safety assistant, driver recruiting or another area? But, the answer to your question of course is that you may terminate him without being in violation. x:-(

Terri B

Use your LOA policy and FMLA for as long as your policies allow. Give him the opportunity to apply for an internal transfer to any other positions in your department that he is qualified to perform. Just like in the post above, invite him to apply for positions in the warehouse that he is qualified for. The LOA time will give him time to consider his options. When his STD runs out he may have made up his mind about what to do with his life. But, if he can't pass the DOT physical for his CDL he can no longer drive a truck for you. He just needs to be told that when his LOA has run out he is no longer employed.