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Terminating while on STD
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Terminating while on STD
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have a client who has an employee who has been out on STD since 10/22/09. He has supplied one doctor's note. The company pays STD for 25 weeks.
They have 18 employees so FMLA does not apply. The
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Forums » Topic Forums » Legal Forum » Terminating while on STD
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Terminating while on STD
posted at 2/1/2010 5:03 AM EST
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Posts: 1
First: 2/1/2010 Last: 2/1/2010 |
I have a client who has an employee who has been out on STD since 10/22/09. He has supplied one doctor's note. The company pays STD for 25 weeks.
They have 18 employees so FMLA does not apply. The employee states that they will not be returning to the doctor until 2/24/10 and they state the doctor does not intend to release them until 3/31/10. I do not believe the company has to keep the job open for the employee. Not having the employee in this position is creating a hardship for the company. Are my beliefs accurate? Is there are reason they have to keep the job open for this employee? Thank you |
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Terminating while on STD
posted at 2/1/2010 5:55 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Are there any reasons? Of course there are. Are there any legal requirements? No. (with the caveat that there are no local or state laws to the contrary)
The company needs to make a decision consistent with its values and culture. If, after this period they believe the right thing to do is replace the worker with another full time employee, then they may do so. They may also replace the worker with a temporary employee. Taking an action that permanently severs economic ties top the worker is not the only option. |
Forums » Topic Forums » Legal Forum » Terminating while on STD
