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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I have an employee who has sustained an injury unrelated to

Customer Question

I have an employee who has sustained an injury unrelated to work. As a result, he is unable to perform his duties in a reasonable manner without legally putting the company at risk . According to Maryland state law, could I place him in a "Medical Leave"
without pay status until he is medically cleared by a physician before he returns to work? I don't want to terminate his employment. I am not even sure I can legally terminate him anyway.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question and thank you kindly for requesting me again. I will be happy to assist. Actually you probably can terminate him if it comes down to that. One of the conditions of employment is the requirement that an employee adequately perform his duties. If the employee is unable to perform, then that creates a basis for termination. As for 'medical leave', you absolutely can do that as well and request that the employee take FMLA and provide you evidence in writing from a Doctor when that employee is safely able to return back to work and perform duties. Placing the worker on FMLA once he applies will grant him up to 12 weeks of job protection and will give him time to hopefully heal up and then return. Sincerely, ***** *****