What to do?
LindaS
1,510 Posts
I have an employee who suffered a severe brain injury in August 2002. He was off work for approx. 6 mos. and returned in April 2003. He seemed to be doing well for a while and this past summer suffered a significant setback. Due to safety concerns he was placed on a leave of absence to allow the doctor's time to figure out what went wrong - this was in the beginning of September.
Earlier this month he went through a series of cognitive tests to determine what level he is functioning at. I spoke with the employee's mother yesterday (his condition is such that talking with him isn't effective) and she informed me that the highest level he is functioning at is a 4th grade level. His physician has stated that he cannot work on any machinery and his ability to function is severely limited. His driving privileges have been revoked and they have filed the disability paperwork with SSA. Here's the problem...
We now know there is no way he can do any job in our factory and the extension of his health insurance benefits expires December 12th. I want to try to help this individual but am concerned that extending his leave creates some significant issues regarding future situations like this (we have another one in our factory as we speak). If we terminate him he will be placed on COBRA without any income so will be unable to make the monthly payments and he NEEDS the insurance because of his medical condition.
Any advice?
Earlier this month he went through a series of cognitive tests to determine what level he is functioning at. I spoke with the employee's mother yesterday (his condition is such that talking with him isn't effective) and she informed me that the highest level he is functioning at is a 4th grade level. His physician has stated that he cannot work on any machinery and his ability to function is severely limited. His driving privileges have been revoked and they have filed the disability paperwork with SSA. Here's the problem...
We now know there is no way he can do any job in our factory and the extension of his health insurance benefits expires December 12th. I want to try to help this individual but am concerned that extending his leave creates some significant issues regarding future situations like this (we have another one in our factory as we speak). If we terminate him he will be placed on COBRA without any income so will be unable to make the monthly payments and he NEEDS the insurance because of his medical condition.
Any advice?
Comments
Are you willing to extend leaves to all individuals in the future? You may as you are setting precedent in your plant.
Linda, you have posted about this individual before, and in my mind you have as a person and employer done everything you could for him. Unfortunately the time has come to end the employment relationship, and that is what must be done. That does not mean you will not feel like crap for doing it, but in reality he should have been terminated in 2002 when fmla ran out.
I am not trying to sound like a hardass.........these are the things in HR that are the hardest. Reread your post but not the last paragraph. The answer is pretty obvious. The problem is you have a heart, and you feel for the guy. We all would. Unfortunately the "problems" you described involve challenges he has not the company. You really cannot factor them into the decision. It is not different than saying you can't terminate employee John Doe as his wife has cancer and he won't be able to afford the cobra payments being unemployed, but he needs the insurance.
You have done more than right by your employee, he is lucky to have worked where you are. If anybody gives you grief, (union steward) I want you to explain how we really should have let him go on x date. All the exceptions you have done and for them to make a comment like that is not only rude but hurtful. Myself I might add something stronger at the end.
It sounds like SS disability will be guarenteed, though it will take time. His family is going to have to help out until then. Fact is they will be caring for him the rest of their lives.
My $0.02 worth.
DJ The Balloonman
My brother in law suffers from a similar condition-he was in a car accident at 15. He's now 40 and participated in many programs run through the state and several non-profit organizations. If he is unable to work due to the injury, he should be covered under SSD. And no doctor can refuse to treat him because he has no health insurance.
He should also not be penalized because he is living with a parent. He clearly needs the care-giving....if the parent doesn't do it...the state will have to.
I hope this all works out for you and your employee.
This is the heart-wrenching stuff that we ALL hate about our roles as HR professionals. It sounds like you have to make the tough call on this one.
This doesn't mean that you don't care, but rather, that you care enough about him and the rest of your employees to make the best decision. He needs to be involved in some sort of occupational therapy/instruction so that he may learn to function again. What he DOES NOT need is to be in a manufacturing environment where he is going to be subject to dangers that he is incapable of shielding himself from. Not to mention the ridicule and difficulties he is sure to face at the hands of other employees.
The best thing you can do for him is to offer him some sort of outplacement assistance. This can be informal, like helping complete any necessary paperwork for SSD or other social assistance programs. I would also contact local agencies that may be able to help with securing free or low-cost medical insurance. There are lots of agencies that provide this type of help. It's sort of like education grants, they're out there, you just have to find them and know who to ask.
It sounds to me like you're having a difficult time with this on a very personal level and that's OK. Hang in there and do the best that you can for him given the circumstances.
Happy Thanksgiving!
Gene