Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him?
A. This is a very individualized determination that depends on a number of facts:
- Was the employee a supervisor before he went on leave?
- Does he have a disability that is protected under the ADA?
- Why did he refuse the offered positions?
If the employee has a disability, you are required to provide a reasonable accommodation if he needs one to work for you. You need to get more information about the nature of his restrictions and whether they are caused by a disability. Then, you should talk to the employee to determine if there is a way to accommodate his restrictions. It may be that an existing job could be modified to be less strenuous, for example.
You aren’t required to offer him the accommodation he wants, if others are available. You should consult with counsel to determine whether the other positions you have offered met your reasonable accommodation obligation.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11466/returning-from-disability-leave-can-employee-dictate-the-terms-of-his-new-job "
- If you discover wrongdoing after the fact, you can use it in court to justify termination
- Ensure email policy spells out access rules
- Make legally smart job offers; avoid 'implied' contracts
- After accident in company car, can we recover insurance deductible using payroll deductions?
- Whistleblower Protection Act