Termination and Long-Term Disability
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12 Posts
I was wondering when others terminate employment when an employee goes on long-term disability. Currently we terminate after 3 months of Long-term disability if the employee is unable to return to work.
Comments
[quote user="bkatz7901"]That is always a difficult call. I would suggest that you consult with an employment attorney after reviewing any and all past practices that the employer may have used. Good luck!
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This is a highly state sensitive matter. Can you tell us where you are located or, if different, where the employee is located and if they are FMLA eligible?
Our company and the employee is located in Florida. She is the first employee that has gone on long-term disability.
She has cancer and has been on long-term disability since July 22nd. It is our policy that we will allow employees to be employed for up to 3 months under LTD. After 3 months if they are unable to perform the essential duites of the job (light or full-duty) they will be dismissed in good standing.
Our LTD starts after 90 days of STD and we remove an employee from our active roles after 12 months of absence. If the employee gets released to return to work after that date we may or may not consider a rehire. The 12 months seems reasonable to defend from a number of law firms perspective. Three (3) months is just to short of a period of time for us to feel comfortable that the employee has been given enough time to recover from an illness or accident.