We have an employee we need advice one. He started working for us 09/06/2017. His last date worked is April 24th, 2018. He was hired as a full-time employee. He had to repeat his 90 day introductory period as he was not working full-time hour. He got sick and was in and out a lot. We told him we didn’t want him back until he was 100% – as he was getting sick here and told us he got dizzy and passed out a lot. We only have 15 employees so we do not have FMLA. He does not believe he will ever be 100%. Can we formally terminate him without running into any problems?

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We have an employee we need advice one. He started working for us 09/06/2017. His last date worked is April 24th, 2018. He was hired as a full-time employee. He had to repeat his 90 day introductory period as he was not working full-time hour. He got sick and was in and out a lot. We told him we didn’t want him back until he was 100% – as he was getting sick here and told us he got dizzy and passed out a lot. We only have 15 employees so we do not have FMLA. He does not believe he will ever be 100%. Can we formally terminate him without running into any problems?

Thanks for reaching out. This is a great question.

So, with 15 employees you are subject to the Americans with Disabilities Act. You need to be certain you have done everything you can to reasonably accommodate this worker. If he is doing a physical job where passing out is a safety concern, then, of course, reasonable accommodations are likely not possible. But, you still need to engage in what the ADA calls the Interactive Process. Document all the steps you take.

Here is a link to some information in HelpDesk: https://helpdesksuites.com/kb/deluxe/tk-menu/hr-toolkit/ada-help/ https://helpdeskforhr.com/knowledgebase/the-interactive-process/ (Be sure you are logged in)

Also, you need to consider if this is at all work-related and is Workers’ Comp in play. While you can terminate an employee who is out on WC, there are also things to consider. I would check with the claims manager to be certain all bases are covered before terminating.

Hopefully, this information points you in the right direction. Let me know if you have further questions.

October 2018