Terminating an ee on W/C

hrdisney

We have an employee who has been out of on workers comp since Oct. 2003. We ran his FMLA concurrently with his W/C, so his FMLA ran out in January 2004. The employee is a few weeks away from being ready to come back to work; however, we filled his position while he was out (we are a construction company and had to get the job done). When he is able to come back do we have to have a position for him? or if we don't do we have to notify him first whenever one comes up that he is qualified for? or can we terminate him stating that we have no position available? Thank you.

SMace

What is your policy regarding ee's who run out of FMLA?

If you do not have a policy what have you done in the past?

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 09-05-04 AT 11:13AM (CST)[/font][br][br]The determinant here is what your state comp law allows or mandates. My state has no reinstatement requirement. Yours may have. Federal FML does not require that you reinstate a person who did not return following the expiration of federal FML. My question is why have you not already terminated if the employee has been out for almost a whole year? It will depend entirely on your state comp law and your company policy as to restricted duty comp return. In may states there is no such thing as work comp 'retaliation', so you may not have that concern either. You probably need an attorney with state-specific comp experience, rather than calling the comp board and trying to wing it.