handles money and has blackout

renata

I have an employee whom has been written up and sent home for coming to work with alcohol on his breath. He has been through several alcohol treatment programs during the 6+ years he has worked here, yet has fallen off the wagon every time. Currently he is on prescribed medication for his back (synthetic morphene) and drinks while off duty. He is a cashier and is responsible for for up to $200,000 in cash. His job performance is satisfactory.
A few weeks ago he came to work and shortly afterward disappeared. His supervisor was called in to work for him. An hour later he returned unable to recall where he was for that hour or for how long he had left (he felt it was only for 5 minutes). His wife took him to the hospital where the results showed numerous things in the range of very unhealthy. He came back to work a few days later requesting time off to recover and that he be removed from being a cashier because it was too stressful. I agreed, for it would be negligent to allow someone to be responsible for money and have no recolection of where or what they were doing.
3 weeks later he returns with paperwork from his doctor stating that he is in good health again (borderline diabetic) and that he wants his old job back. I denied his request since he had asked to be removed I had already replaced him. According to FMLA I am supposed to return him to his postion or something similar. I do not have a similar position, however, I offered him another postion with equal pay and he accepted.
Is his removal from his postion for his and our safety (the potential for mishandling large sums of cash) in compliance with FMLA? Could I terminate him and not be in conflict with FMLA?

Down_the_Middle

renata:

My suggestion is to involve your local legal counsel on this. There are numerous issues here that need a careful analysis (e.g. retaliation, ADA, FMLA...) not to mention that your own state may have protections you should be aware of. I don't think this can be treated via this type of post, becuz there are simply too many land-mines to negotiate. Good luck,.

Don D

Remember also that it is not a violation of FMLA to remove somebody from a position or even terminate an employee who seeks FMLA if in fact you already had in motion documented or demonstrable activities to discipline, terminate or re-assign the individual. In that event, the action would likely have occured and was already in motion notwithstanding the event of FMLA. Since he specifically asked to be reassigned to a less stressful position, and you should have that carefully documented, I don't see an obligation to return him to the cashier position.