Indefinite Time Off ??

T

Employee has been here approx. 1 month, files a WC claim. The claim is denied by WC (she was not doing anything when her back started hurting, just walking). Her doctor says she needs to be off indefinitely or until after she sees a orthapedic doctor? Can I term this employee for missing too much work? Or would that seem like retaliation for filing the claim? Maybe I should wait until after the ortho doctor sees her. I know that indefinite time off is not a reasonable request for an accommodation, so what does it mean? and when am I able to term this ee?

One more thing, she calls me almost every day wanting to know if she still has a job? I told her I could not give her an indefinite time off because that would cause me a hardship at work.
Help.

LindaS

Has the employee scheduled this second appointment? Does any of the information you have give you any indication that she may be protected under ADA? I would find out when she is scheduled to see this other physician and wait until after that to determine how long she needs to be out. If she hasn't scheduled the appointment, I would send her a certified letter informing her that she has ____ amount of time to scheduled this appointment otherwise you will have to go with the information you currently have and make a decision regarding her future employment with the company.

Nat

>Employee has been here approx. 1 month, files a WC claim. The claim
>is denied by WC (she was not doing anything when her back started
>hurting, just walking). Her doctor says she needs to be off
>indefinitely or until after she sees a orthapedic doctor? Can I term
>this employee for missing too much work? Or would that seem like
>retaliation for filing the claim? Maybe I should wait until after the
>ortho doctor sees her. I know that indefinite time off is not a
>reasonable request for an accommodation, so what does it mean? and
>when am I able to term this ee?
>
>One more thing, she calls me almost every day wanting to know if she
>still has a job? I told her I could not give her an indefinite time
>off because that would cause me a hardship at work.
>Help.
I would wait until the employee sees the Ortho doc. The doctor that has written her out of work should be the one to make the appointment, not the employee. That way you stay in control of this claim. If that doc says she should stay out of work then you can terminate her based on the fact that she cannot perform the job. I wouldn't term her based on missing too much work. You also don't want to treat her as if she has a disability so I wouldn't even use the words reasonable accommodation with her or anyone else regarding her claim. Remember the ADA covers those who are "treated" as if they have a disability as well as those who are known to have a disability.