I am a small employer in Ohio (less than 15 employees). I have a person who during a 90-day probation period, went into the hospital for a non work related surgery. This person has been away from work for 3 weeks now, and the only updates I get I have to contact their spouse for. This person is over 55. Do I have to keep this person's job? I know it sounds cold, but this absense is causing other workers to cover this shift on overtime. I can't afford to pay this premium labor much longer.
Also in the original offer letter, it was stated that this was an at-will employment with no hospitalization benefits. By terminating this employee, they will not lose any medical coverage since I don't provide it.
Thanks!

No, you don't have to hold his job. It is a myth that you cannot fire an employee for medical related reasons. Even if you were large enough to be subject to FMLA, he had not worked for you long enough to have protection from it.

The only issue that *might* be tricky for you is if his condition is one that might be considered a protected disability. Although Federal law requires that you have 15 employees before disability is a protected characteristic, Ohio law only requires 4. But if this is a standard medical surgery that, once he has finished recuperating, will leave him at 100%, disability protections will not apply anyway. So chances are pretty good that you're safe.

The surgery was circulatory in nature and since my knowledge of the actual medical condition is limited due to HIPA (I am afraid to ask too much), I don't think this employee was 100% before they went to work here so they may not be 100% ever again. This job position does require physical work, working from ladders, etc.

HIPAA does not prohibit you from obtaining enough information to know when the laws apply. In fact, since you do not provide heath insurance, HIPAA does not apply to you at all.

Even so, the ADA does not require that you hold his job open indefinitely. To have a valid claim, he would need supportable evidence that you let him go not because he'd already missed the maximum amount of time you could support, but BECAUSE he had a qualifying disabling condition.

Thank you, I did not know that about HIPAA. The information you provided will help guide me. I would like to give this employee a chance, so I will see how much longer this issue drags on before I make a decision. Thanks again for the information.

PS. I love this web site.

Given the short time this person has worked for you, I'd very likely terminate his employment (he's unavailable for work) and tell him he's eligible for rehire at such time as (a) he's released for work by his doctor and (b) you have a job that's open for hire that he's qualified to perform.