Disability

Denisec

As a small company (less then 35 employees )we had a new employee who worked for us less then 30 days and went out on disability, during the time that the party has been out (over 30 days)and has not yet returned. The company has decided to eliminate the position and re-structure the department. The employee's performance was an issue, not catching on and the employee went out on disability before the company had a chance to document the performance. I was just wondering what we have to do upon the employees return to avoid a lawsuit? We don't feel the employee would be a fit and would like to release from employment. Any information any one could provide in regards to this would be great!

Thank you!

HRQ

What is the "disability?" Temporary like recovering from minor surgery? Or does it affect a major life activity?

Denisec

The disability is back/leg pain and the ee was put on meds and was to come back in 2 weeks then it was extended another 2 weeks.

ritaanz

This employee has been out longer than he was employed. Even if the position was not eliminated there is no need to hold the job open for them. Terminate immediately.

ray a

Do you have a 90 day Introductory Period? If a new hire leaves for medical reasons in the middle of the Introductory Period, we will terminate due to the fact they are unvailable for work, then tell them they are eligible for rehire if a position is available when they are able to return.

Denisec

We do NOT have an introductory period that is listed in our handbook. We are an "At Will State" but as you know some will sue regardless and that is what we are trying to provide. but the ee is unable to work because they are out on disability, if we terminate during that time, what laws do we break?

HRQ

Doesn't sound like allowing this employee to take 4 weeks off (or more?) would be considered a reasonable accommodation for a company of your size. The employee is not eligible for FML, and I assume you can't get by without someone in this position.

Deny the Leave, advise them they will be considered for rehire, should a position be available when they are able to return.