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: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
3/20/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,242
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 1 month 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 1 month ago
Would prefer you respond in writing. thank you.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month 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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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
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Experience: 20+ Years of Employment Law Experience

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