Employee out of FMLA leave and unable to do the job? It’s time to consider termination

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in FMLA Guidelines,Human Resources

You probably know that when a disabled employee has used up all his FMLA leave entitlement, 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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