this is interesting:
Many people mistakenly believe that you can never terminate an employee on workers comp. This is not true. It is illegal retaliation to terminate an employee solely because the employee is on workers comp. However, in some cases if the employee misses 6 months to a year of work, or more, he or she can be terminated for simply no longer being available to work.
Having said that, it is seldom wise to terminate an employee who is on workers compensation. It may greatly increase your workers comp insurance rates, if you do not put the employee back to work at some point. It may also invite a lawsuit for illegal retaliation, even if that is not justified. An employee on workers comp may be entitled to additional leave under ADA or a California leave law, over and above FMLA. You will want to consult an attorney specializing in workers comp before terminating this employee. It is better to seek legal advice proactively rather than wait for the employee to sue you.
Normally we would suggest that you fill this position and simply let the newly hired employee go when the employee returns from workers comp. However, in California it may be difficult to terminate the new employee. Therefore, you should either hire a temporary employee or use a temp service to fill this position while the employee on workers comp recovers.
http://www.humanresourceblog.com/2010/11/30/workers-compensation-fmla/
Many people mistakenly believe that you can never terminate an employee on workers comp. This is not true. It is illegal retaliation to terminate an employee solely because the employee is on workers comp. However, in some cases if the employee misses 6 months to a year of work, or more, he or she can be terminated for simply no longer being available to work.
Having said that, it is seldom wise to terminate an employee who is on workers compensation. It may greatly increase your workers comp insurance rates, if you do not put the employee back to work at some point. It may also invite a lawsuit for illegal retaliation, even if that is not justified. An employee on workers comp may be entitled to additional leave under ADA or a California leave law, over and above FMLA. You will want to consult an attorney specializing in workers comp before terminating this employee. It is better to seek legal advice proactively rather than wait for the employee to sue you.
Normally we would suggest that you fill this position and simply let the newly hired employee go when the employee returns from workers comp. However, in California it may be difficult to terminate the new employee. Therefore, you should either hire a temporary employee or use a temp service to fill this position while the employee on workers comp recovers.
http://www.humanresourceblog.com/2010/11/30/workers-compensation-fmla/
