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Serious Medical Illness

NitroicyNitroicy 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
If an employee is out of work continually due to a back injury what can be done? Is it legal to suggest that the employee seek disability benefits so that they can be replaced with an employee who will come to work on a regular basis?
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  • PAhrPAhr 165 Posts
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    First of all, what exactly is continually? And is your company required to comply with FMLA and if so is the employee eligible? Also is this a work related injury? This would help give you a more accurate assessment. I will say this though, if the employee is eligible for FMLA you must offer it to him. If he chooses to take indefinate leave you may hire someone as a temp but not hire anyone to replace him permanently until he has exhausted all of his leave. If he simply needs intermittent leave you must grant it but you may transfer him temporarily to an alternative job with equivalent pay and benefits that better accomidates recurring periods of leave. You cannot tell the employee he can only take indefinate leave. But again that is only if you are required to comply with FMLA.
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  • PorkPork 1,271 Posts
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    It is legal to review your attendance policy and with legal review write the employee a letter telling him that he is becoming an issue. The company has a right to expect the employees to be at work! When there is a medical condition involved you may want to have his physical ability to accomplish the verified by a retained physician. The examination should be in concert with your job description and a detail of the physical activities. Finding him medically qualified would give you the ability to terminate for days away in excess of your company policy . Finding him medically disqualified may led you to a conclusion that your company maybe hindering the individuals ability to seek a permanent disability income because he remains employed. SSI will not even consider the individual for 6 months after he has become unemployed and unemployable in any vocation. Given that the individual gets a chance and seeks an accomodation under ADA in order to retain his employed status, then my advice is to run don't walk to your legal beavers beyond this forum! Good luck Pork
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