Termination of employee with substance issue

[Aileen]

Massachusetts: We are a small non-profit ( under 50 employees) with an employee who has been here 9 months. She has used up all of her sick/vacation/personal time while utilizing her health coverage for substance abuse. Her Doctor recommends that she stay out of work for another 60 days. We can not afford to pay her, for 60 days, and still pay for a temp to cover her position. Can we force the employee to take an unpaid leave of absence, or can we terminate her? We hvave already covered 10 days of pay, and a month of her medical insurance payment.

 

[mary ray]

I think I would be very careful as to what I did in this matter. Further, I would advise you to contact an attorney who specializes in employment law with particular attention to disability issues. This can be a very troublesome area for employers and amployees alike. I believe that the ADA is going to be in play here.

 

[dj1]

I would be a hard asss about this, You dont have the money and she is a drug user.

I dont care about the ADA,you have to think of this as a WAR between the remaining employees who will suffer FOR this ONE loser.

There has to be some fairness here.....and being a non profit, with little resource who is more important anyway.

If this drug loser WINS, 50 people will LOSE...is that fair?

The 50 people might have to take pay cuts, or layoffs, or pay their own health insurance over what covering a drug user?

Is that what we are supposed to suffer with in AMERICA today In the name of sensitivity....BAH HUMBUG!

[Edited by dj1 on 05-08-2001 at 06:28 PM]

 

[mary ray]

I certainly hope that the above was written in jest. If litigation ensues as a result of a "hard ass" attitude then I'll be willing to bet that you wished you were a bit more careful. Our fees aren't cheap, and a plaintiff's attorney would love such an attitude.

 

[mary hartman]

NO its NOT written in Jest.....

We have too many scumbag lawyers willing to make a mockery out of AMERICA.

And where will it end?

There is one bad drug addict who is using up all the resources of the other 50...plus next year ALL 50 will get higher insurance premiums....and if the non profit which used to supply it as a benifit, now requires you to pay half

WELL THATS A PAY CUT!

So you think thats right?

 

[buddy2bear]

I think you should do what Mary Ray suggested. Call an employment attorney and check with him/her first. However, since she has already used her sick/vacation, etc., you can place her on an unpaid leave of absence so long as others have also been placed on unpaid leave in the past. I also would think that you have grounds for termination as it is the employer's duty to ensure a safe work environment and a person on drugs endangers everyone. In this case, it seems to me, that no matter what you do, she is not "going gently into the night."