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I have an employee who is on long-term disability for a non-work injury and has been out of work for almost a year. FMLA/ADA doesn't apply due to the company size. Managers are asking whether we could
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Forums » Topic Forums » Benefits & Compensation » LTD
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LTD
posted at 4/21/2010 10:12 AM EDT
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Posts: 18
First: 9/22/2006 Last: 4/21/2010 |
I have an employee who is on long-term disability for a non-work injury and has been out of work for almost a year. FMLA/ADA doesn't apply due to the company size. Managers are asking whether we could terminate his employment. I have initiated contact with the employee to inquire about his status and whether he can provide an estimate of when he might be able to return to work. If it is not likely that he will return, or he can't give an estimate, what is the best response? Would there be an issue with termination at that point? |
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LTD
posted at 4/21/2010 11:06 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I'd get more medical certification for backup and if he refuses, then terminate.
But even if you didn't want to get the certification, you should be just fine in terminating him...but I always like more documentation rather than less. I am not even sure what benefit there was to him to keep him on with that long of a leave....is the company paying for other benefits for him? Will he loose other benefit coverage? |
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LTD
posted at 4/26/2010 5:48 PM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Non work related. No FMLA, no worker's comp, why do you think you have any risk?
Since the claim has gone to LTD and is out a year I just do not see any risk...........unless you have not terminated others who have been in the same circumstances. You really want to be consistent. |
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