Termination question

catherinetnc

Employee's short term disability has run out (injury sustained at home). Came to work with limitations Monday. Has left work today saying in too much pain to work, has appointment with Dr. 9/21 and will get back to us later.

We have to fill the position and don't know when/if he will be back. Can we terminate? (no FMLA involved).

Employee should have been fired months/years ago for documented tardies and no shows.

State is Ohio.

Thanks-
Catherine

System

I have a couple of questions first. Why was the employee never placed on FML? Was he employed less than a year or do you have less than 50 employees? I can't see anything where you can't term him. The only problem I can see is if he would have been entitled to FML and was not offered.

You can deny the leave. If he cannot report for work (medical or not, unless it's a condition covered under the ADA) you can term him.

catherinetnc

Less than 50 employees - no FMLA.

Thanks for your comments - I am leaning the same way.