Medical Leave (Not FMLA)

HCCADC

I have an employee that does not have a good employment history with us. She has worked with us for 11 mos and has missed work and/or been late on several occasions. We now have families and employees complaining. When she is in the office, she is negative and at one point we did discipline her on her attitude and phone conversations (she would get into yelling matches with her boyfriend). 2 weeks ago, she got a doctor's slip for light duty work, which we do not have available for her position. She could not use her right arm and could not do any lifting. Her position primarily drives (home visiting) and she was unable to drive with this restriction. Is there any legalties to us terminating her at this point? (note she has been with us 11 mos) My guess (and I would like anyone else to verify if possible) is that it would not fall under ADA b/c it is not a 'lifetime' disability, just temporary. Thanks for your feedback. I can't think of anything legally with this.

Don D

Knowing nothing about PA law, I can tell you that in this state you could terminate. She's not eligible for FMLA. She's not comp, but even if she were, you could terminate in this state. She cannot perform the requirements of the job. This might be a good way to rid yourself of a 'bad hire'.

ritaanz

Since her position requires driving and her restrictions do not allow her to drive, she is unable to perform tha basic function of her job. I would terminate her for that reason.

pork1

HCCADC: I would terminate as a "medical disqualification". I would not be concerned for an ADA defense, you have written proof of her inability to do the physical work (the doctor's written restriction, thus your actions to cancel your employer/employee relation ship. Do it now and not one day later.

PORK

TN HR

I don't think you have anything to worry about. What you have is an employee that cannot perform the functions of her job. Terminate and get rid of the bad apple.

HCCADC

Thank you all for your responses. I wanted to make sure I wasn't missing something with this.