ADA question

GLC

We have a African-American employee who has been off on medical leave since 4/02 due to a heart attack. She is not been with the company for at least 1 year so not eligible for FMLA. The doctor will not allow her to come back to work because she continues to have chest pains. She has used up all of her sick time so she is not being paid until she accrues more time. We are a non-profit Counseling agency and losing money because we have clients who cannot be seen due to her absence. This position has been left unfilled. She has been doing a few hours per week over the phone counseling clients but that is not enough for us. We need a FT Therapist in the office to see clients face to face. What obligations do we have under ADA to continue holding her job? I feel we have made a reasonable accomodation for this long by allowing her to stay off work. Her doctor will not allow her to come back to work indefinitely because of the chest pains. We not do have a leave of absence policy in place.
Could we now come up with a date and say if you are not back to work after by that date, we will have to terminate your employment.

bsa

It seems to be a cruel hearted thing to do to someone who is already in a bad place. BUT, her doctor won't release her to return to work, she can't perform the essential functions of the job, and there are no accomodations you can make to help her perform her job. I think you have no choice except to terminate.