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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Can you terminate or put on AWOL an employee who is out on

Customer Question

Can you terminate or put on AWOL an employee who is out on sick leave. The employee has filed for Disability and is waiting for a response from SSA. The employee has appointed a relative as her representative and has signed a Power of Attorney for this relative. The relative has spoken with the HR Representative as well as the employee's supervisor and deputy supervisor. The representative was told they wanted to be informed but they instead used that information to put the employee on AWOL. They are persistent in referring the employee to ObamaCare insted of assisting in keeping her current health insurance. The employee wishes to take her current life insurance and health insurance into disability status. Employee has been out since the latter part of March 2016.
Please advise on options.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question, however, I will need some clarification of the facts from you. What was the specific reason of the termination of the employee? Also, I don't understand what you mean by the employee being referred to "ObamaCare" instead of keeping current insurance. Might you mean the employer has sent her COBRA coverage rights?