Legal Question in Disability Law in California
Terminating an employee on disability
We have an employee who has been on
disability for the past 7 months and will
continue to be on it for another 5
months. Can we terminate her if we
have found a replacement for the
position?
2 Answers from Attorneys
Re: Terminating an employee on disability
Temp disability leave is covered and defined by your company policy manual. If the leave exceeds that max, an employee could be terminated, as long as doing so doesn't involve failure to accommodate a protected disability. You need actual legal advice after consultation with counsel on ALL the facts. Basing such important decision on anonymous free advice is not wise. Feel free to contact me a local specialist in employment if serious about doing so.
Re: Terminating an employee on disability
In addition, if the reason for the disability is a work related illness or injury, different rules will apply. The rules will also vary depending on the size of your business and policies you have established. Our firm counsels California businesses in all areas of employment law compliance - if I can assist you feel free to contact me.
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