Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return.
As long as the employee isn’t covered by the (in which case, she is entitled to 12 unpaid weeks of leave), you can terminate the employee without violating the ADA.
Recent case: Floyce Peyton took a job with a store chain as a manager and went through three weeks of training. Then she started work at her assigned store.
Just two days later, she experienced abdominal pain and had to see her doctor. She was then diagnosed with ovarian cancer and underwent immediate surgery. Her doctor couldn’t tell the company when she would be ready to come back to work because she had a tough course of chemotherapy ahead of her.
The company replaced her. Six months later, Peyton was well enough to come back.
She sued, alleging she should have been granted a leave of absence when she got sick.
But the court disagreed. She wasn’t eligible for because she was a new employee, and she couldn’t determine how long she would be unable to work. That meant she wasn’t qualified to perform her job, the court reasoned. The court said what amounts to an indefinite leave of absence is not a reasonable accommodation. (Peyton v. Fred’s Stores, No. 08-2346, 8th Cir., 2009)
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/9436/you-can-discharge-if-theres-no-way-to-tell-when-employee-will-return-to-work "
- Hiring during the downturn? Stacks of résumés are no excuse for sloppy practices
- Keep track of all time off! Authorized leave counts toward employees' FMLA eligibility
- Agree if returning worker proposes new exam
- Whistle-blower retaliation just got more expensive in N.Y.
- Recouping company-paid health plan premiums after FMLA leave