Reader asks: I have a situation where the employee got a hernia and is now unable to lift any significant weight for the next few weeks. What can be done in this situation? Can the person be let go because they can no longer physically do the job and there isn’t another job they can be moved to? Do you let the person off until they can return to work? What do you suggest?
Tom’s response: Basically you need an employment attorney review here but here are my thoughts.
1. << What can be done in this situation? >>
Can, hum. If you have something else they can do and IF it works for you, then it is up to you. Usually, however, that option doesn’t exist but it could. But, get your employment attorney’s review in any case (what if they injure themselves more severely doing the second job?)
2. << Can the person be let go because they can no longer physically do the job and there isn’t another job they can be moved to? Do you let the person off until they can return to work? >>
Well, if you have protected your employment at will rights, then you may terminate at anytime with cause or without (doesn’t mean you won’t pay unemployment however). Normally I see it being resolved by allowing them a leave of absence until they get an authorization (doctor’s approval) that they could return to work and physically do their job. Again, I advise an attorney review.
<< Can the person be let go >> Again, to re-emphasize, that’s possible but a leave of absence is probably preferable (normally a right to return to work IF a job is available and at the rate of the job they return to is the normal position). Again an ATTORNEY REVIEW would be required. Did I say the owner would be well advised to obtain an attorney review before acting.
Anyway, that’s my view. Hope this helps.
