Employment firing

[GTO/MBP]

i'm new to the hr position at a company with plant locations in 4 states. my concern is about a plant manager in the state of michigan that had a stroke while at work. he is covered by health insurance for his bills. this was not a work comp injury. he had been experiencing severe head aches for weeks before actually passing out in his office. my question is if he can not come back to perform his full duties as manager of a production facility, can we lay him off? or terminate him? i can not get sufficent information from his doctor's as to his pronosis. please help. i have looked at the michigan dol web page but can not find the information that i need. thank you.

 

[cbg]

Does he qualify for FMLA? If so, he is entitled to up to 12 weeks of leave with his job protected. If at that time he is unable to return to work, unless there are any ADA issues (very fact specific) you may terminate him. MI does not have any state leave provisions so you don't need to worry about that. He WILL be eligible for COBRA.

Keep in mind that if your company has a policy of extending leaves beyond the FMLA requirements, you should be prepared to do so in this case as well.