ADA vs. Layoffs
kkschleich 4 Posts
We have an issue I need help with! We have a production employee who's already been moved to PT status due to lack of work (Feb 09). He has now been off work since 3/30/09 with heart problems. His manager was already considering putting him on permanent layoff before the recent problems, (there is precedent, as another employee was recently moved from temporary layoff to permanent) but now we are concerned that due to his heart problems, that we cannot lay him off anymore. This employee is a forklift driver, but has not been used as such for weeks. We've been moving him around, even PT, just to fill holes as they come up, but the holes are drying up & he really has no work to do anymore. Does anyone have any guidance for me?
If you do not have work available and the EE is unable to perform his job, you can lay him off the same as anyone else.
The idea behind the ADA is to allow people with disabilities the SAME opportunities for jobs as those that are not disabled. It does NOT grant them GREATER rights.