FMLa - need to terminate

System

[font size="1" color="#FF0000"]LAST EDITED ON 04-05-04 AT 08:26AM (CST)[/font][br][br]An employee started FMLA on February 18th. He was hospitalized and released but not allowed by the doctor to return to work until March 15th. Just before the 15th he relapsed and went back in the hospital. His next evaluation with the doctor is April 8th.
I've read the regs and sorted through the legal speak, but I value your opinions more. This guy suffered a minor stroke that left part of his face paralyzed. The doctors also discovered stomach ulcers and said the lower chambers of his heart are weak, owing in large part to his weight.
I doubt this employee will return to his former job, industrial insulator and job foreman, at which he was only marginal (management wouldn't terminate - soft-hearted), but if/when we term him I want to make sure I do it right. I'd appreciate your input!
Linda

Rockie

As long as this guy is on FMLA, he is job protected. After his FMLA runs out, it appears he may qualify for ADA protection.

This can only be done through an interactive process between yourself, the employee, and their health care providers. The healthcare providers will look at the job description and assess whether the employee can perform the essential functions of the position.

Sometimes you get lucky and the employee knows after his FMLA runs out that he will not be able to return to his job; if he feels he can do the job with or without an accomodation, this is when you need to start the interactive process. The accomodation does not have to be the one that he would like - but what the company can or cannot do to accomodate him (if anything).

Document everything very carefully as to meetings with the employee and the steps that you have taken.

System

Thanks, Rockie. I'm studying the ADA and am trying to work this one out. I had a feeling ADA would come into play with this guy. Thanks for your advice!

System

Good advice, Rockie. And even if it's not an ADA disability, you still would want to know his fitness for duty, which is pretty much like the first step of the interactive process.

James Sokolowski
HRhero.com