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terminating an employee who is covered under ADA

We have an employee who exhausted their FMLA leave Nov. 30, 2012. She was in a serious car accident. She has an estimated return date of 3/1/13. We would like to terminate the position this employee had as we have discovered we no longer need someone in that position. Can we send her a letter stating that we are terminating her job while whe is out on leave.

Yes, if a position is eliminated due to it no longer being needed, in the company it is ok to terminate the employee. Check ADA regulations to be sure that the employee does not fall under any category in ADA.

Also check your state law as it relates to a required termination letter. If you send a letter, you should state that the position is being eliminated, not the job. You will not be required to state anything regarding the leave, but you should have sent information informing the employee that FMLA has expired.

This entry was posted on Sunday, January 6th, 2013 at 6:27 pm and is filed under
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