Employment Law

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How must an employer keep a disabled employee's job open…

Customer Question
How long must an...

How long must an employer keep a disabled employee's job open before terminating him?

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly

Submitted: 4 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/20/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,893
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Does the employer have 50 or more employees? Can the employee actually return to work?

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Customer reply replied 4 months ago
20 employees. The employee says he cannot return at this time, has not indicated when he can return.. He has been off 2 months and the employer has kept him on the company health plan at company expense.during that period of time. All employees pay a portion of their medical expenses but the owner has not required that of him while on disability. So, can the employer terminate the employee from the medical plan and/or terminate him altogether?
Customer reply replied 4 months ago
Would prefer you respond in writing. thank you.
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you have less than 50 employees, you do not fall under the Family and Medical Leave Act and as such do not owe the employee any job protection. As such, if he is an at will employee you may terminate him for not being able to come to work.

As far as his medical if you terminate him you need to send him a COBRA notice to give him the chance to pay for his whole insurance benefit himself to continue his health insurance, you cannot just cancel him completely.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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