ADA and termination
ADA and termination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a policy that states " An employee who is unable to resume his or her normal work duties within the maximum fifty-two (52) week leave period will be removed from the Company’s payroll.
Re: ADA and termination
posted at 3/13/2013 2:26 PM EDT on Workforce Management
In Response to Re: ADA and termination:
You can choose to be more generous than required by law but you must nevertheless follow the law. Just because you are generous by increasing the FMLA leave of 12 weeks to 52, doesn't allow you to otherwise ignore the other requirements. Listen to your lawyer, that's what he's there for. Rewrite your policy to your lawyer's suggestion and demand medical info from the employee. Try to work with him even if he seems intent on not cooperating. Be sure to do all you can do to follow the law before you consider termination. If you're lucky you'll dodge a legal bullet.
Posted by endlesssummers
I disagree, we have the same policy that if an employee is unable to return to work after one year, we terminate the employee. We require a statement from the physician that provides the likelihood of the employee to return to full duty. If there is a good chance that he/she will recover in a relatively short period of time, we will extend beyond the year but in general, if someone is out for a full year, the chances of him/her returning are pretty low. One full year shows that the employer has given ample time for the employee to return. If we are not able to accommodate, we terminate employment. The business has a right to replace the employee and move on and holding the position open indefinately typically causes undue hardship for the employer. We have consulted our attorney on the matter and was advised that we have every right to do so and that most employers are not as generous with the (52 weeks). Many employers terminate if the employee doesn't return after 12 weeks ofr FMLA.