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Am I getting ahead of myself?

SystemSystem 5,885 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
One of our guys suffered a mild stroke and has been on FML since Feb. 18th. He came in today with a doctor's note dated 4-8-04 stating that he cannot work until the doctor sees him in two more months if the doctor releases him. He has already used almost eight of his twelve weeks. Do we have to wait until his doctor reevaluates him in June to see if he is released? I'm wondering if we can terminate May 18th if he cannot return to work.
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  • 4 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    His 12 weeks runs out May 12. If he is unable to return to work at that time, you must (should) determine why. If the reason is medical, you must consider whether or not he has ADA protection. If so, can he perform the essential functions of the job with or without accommodation? If no, you can look toward termination. Yes, you're jumping the gun. You may have state specific laws in addition to FMLA and ADA.
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  • SystemSystem 5,885 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 04-14-04 AT 05:27AM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 04-13-04 AT 05:29 AM (CST)[/font]

    He is written out at least until June 8th. I have worked on this and see no way he can return to his former position, even with accomodations, and there is no equivalent position. He has lost equilibrium and cannot even drive. Management just says I should wait and see, but none of them is familiar with FMLA, ADA, and the myriad of other things that come into play. Thanks for the advice - I'll look into state laws and ADA. Study time!
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  • Don DDon D 9,834 Posts
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    Assuming no state specific laws, I'd send him a registered letter stating: "Your approved period of FMLA expires on XXX. Federal regulations and company policy grant job protection to you through that date. Should you not be able to return and perform your regular job on XXX (the next day), with or without accommodation, your employment will be terminated." I don't know of too many mushy ways to relate this information. However, besides telling him, the primary importance of this letter is to protect you when his attorney reads it.
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  • SystemSystem 5,885 Posts
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    Too right. I'm reviewing NC laws right now. Thanks again for your help!
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