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I have an employee who injured his back (not on the job) and…

Customer Question
I have an employee...

I have an employee who injured his back (not on the job) and can no longer perform the essential duties of his job and we can no long reasonably accommodate him. He's been employed for 23 years. The CEO wants me to tell him we no longer have work for him until he returns to full capacity. Can I do that without an official layoff or termination?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We are at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What happens with his healthcare insurance (the portion the company pays)

Submitted: 7 months ago.Category: Employment Law
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Answered in 7 minutes by:
9/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 7 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,334
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can put him on an extended leave of absence, but that is legally more complicated than simply terminating him or laying him off with the right to reapply when he is able to perform the functions of his job.

You should first though ensure that FMLA leave is offered if he wishes to try and use that time off to allow his back to heal.

If he is off on FMLA, the company has to pay its part of the insurance, but that can be recouped if he never returns to work. If he is laid off or terminated, there is no insurance requirement for payment.

If you try and extended leave of absence, you need to look to your insurance coverage, because a lot of them do not allow insurance coverage for a person not actively working (except for brief periods of vacation and FMLA use).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 7 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,334
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Experience: Employment/Labor Law Litigation

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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