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? L.B., North Carolina
A. Based on these limited facts, you're probably safe to let this employee go. Remember, your ADA duty to offer a “reasonable accommodation” doesn't require that you let the employee choose the accommodation. If more than one reasonable accommodation exists, your organization can choose which to offer.
Here, by offering your employee a job transfer (presumably at the same pay, hours and benefits) you've effectively cleared your ADA duty. That means you don't have to continue holding his job open after he refuses the accommodation offer.
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/1226/ada-doesnt-give-employee-freedom-to-redefine-his-job "
- Caution! Sometimes arbitration costs employers more, not less
- What laws apply in foreign workplaces?
- What do Illinois employers need to know about Indiana's new right-to-work law?
- Disabled or injured workers ready to return? Here's how to help
- Attempted suicide: Grounds for dismissal or proof of disability?