You probably know that when a disabled employee has used up all hisentitlement, he may still be entitled to reasonable accommodations under the ADA. It’s legitimate to offer additional leave as a reasonable accommodation.
However, at some point, time off can be a burden for employers, especially when the employee can’t estimate when he will be ready to return. In that case, it may be time to terminate the employee.
Make a good faith effort to work out a solution, but don’t hesitate to end the working relationship when it becomes clear the employee’s condition isn’t likely to improve.
Recent case: Andrew Amsel had worked for the Texas Water Development Board for a decade when he was terminated.
Amsel had several health problems stemming from quadruple bypass surgery and a bout with cancer several years before taking his job. He experienced severe and regular chest pain, had trouble breathing and suffered digesti...(register to read more)
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- Must we offer the same position to a temp worker returning from FMLA leave?
- Get all facts straight before deciding to discharge
- The 6 kinds of terminations ... and how to avoid lawsuits for each one