Employee on WC for almost 1 year

Vickie C

We have an ee who has a wc claim. She had surgery on her shoulder in December of 2006. She was put on FMLA in the spring of 07 and have exhausted this time. She is still out on wc. How long are we required to tolerate this. Can she be terminated?

Irie

I depends on your state law. In Ohio you cannot terminate.

stilldazed

Check you state's regs on w/c, but is she still under active medical care? reached MMI?

Florida requires that the employee be declared as MMI (maximum medical improvement) by the w/c physician. Depending on the level of impairment (if there is one), there may or may not be an ADA issue to address, and the issue is managed as any other ADA issue. If you can accomodate, do so. If not, the employee goes. There likely would be a settlement offer from the w/c insurance (unless you're self insured) to try and close the claim, thus prevent it from being an 'active' claim forever.

best wishes.

Nevada HR

If FMLA is exhausted, we send the ee's job description to the doctor to determine whether the ee can perform the essential functions, with or without reasonable accommodation. I'm in Nevada, though.

Has your ee requested and been granted extensions to their FMLA?