Holding open a position for an employee doing time in jail

System

We have an employee who will have to serve jail time for drunk driving. Do we need to hold open her position while she is doing time? We have fewer than 50 employees. To this point her drinking has not caused major problems with her work. She does miss work but has used her sick time for the days that she has missed. She currently does not have any more sick time coming to her. Do we have the right to terminate her because she is unable to come to work?

LindaS

Yes you do and I have terminated for this exact reason. While ADA protects an employee who is seeking treatment for alcoholism, jail time for drunk driving does not fall into that category. If the employee is unable to get "huber" release and is unable to report to work, terminate her in accordance with your attendance policy. She will probably get unemployment, however.

mushroomHR

Depending on the length of time she has to serve, would you allow her to use any vacation time to cover the period of time in jail?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 03-17-04 AT 01:59PM (CST)[/font][br][br]Most employers don't allow leave for jail time.
Obviously, if it is a day or towo, probably it will wind up as an unauthorized/unexcused absence without pay and by the time the employer gets notice out, the employee is back at work. But if jail time goes for several days, then terminate the emplyee if you don't grant leave for jail time. And let the emplyee seek re-employment (and then make the suitability for employment based upon everythng up to that point).

If you allow leave time for jail, then think of all the more "righteous" conditions in comparison that would require tyou to grant leave that you otherwise wouldn't.