I have a question regarding an employee that has been off on workman’s comp since 05/07/18. We are considering terminating his employment as we do not see him returning to work. Is there a time limit as to how long we have to keep him on payroll? What are the legal ramifications if we do release him? I understand from a class instructor that w/c does not depend on employment and we are not obligated to continue him employment. Can you give me some advice on this topic?

Here are 3 excellent sources that discuss your situation. In IL, you can terminate while on WC as long as you have done everything possible for the worker. No hint of retaliation should be open for allegation by a workers’ attorney. The recommendation is to work with the employee’s case worker and be sure everyone understands the concerns leading to the termination. Of course, work with your legal counsel as well to be certain there are no loose ends when severing this relationship.