We employ approx 20 people. We have an employee that has been out on STD since mid August. He is being treated by a Doctor, and has just been excused for another 4 weeks and then to be released. In the mean time, we have had no choice but to hire another person to fill the position. Do we have to hold his positon? We do not have a need for another person at this time. Also, if he can terminated, what reason do we give?
Thanks for any help.

Since you have less than 50 employees, FMLA does not apply, and you'd be coming up on the end of FMLA in any case.

Is the nature of his condition permanent, or temporary? There's a reason I'm asking.

From what I understand so far, it is a temporary condition. The believe that it is Vertigo.

If it is a temporary condition, the ADA (as it currently stands) does not apply, so you would be reasonably safe in terming him.

While you are not required by law to provide a reason, you would probably be safe in simply acknowledging that you can no longer hold the position open. You can also tell him that when he is able to return to work, he can reapply if there are any suitable vacancies.

Thank you very much for your help. This sounds like a good way to go.

In New Mexico, the Human Rights Act, which covers employers with four or more employees, broadens the prohibited distinctions to include ancestry, physical or mental handicap and age discrimination directed at persons in all age groups. The NMHRA now also prohibits discrimination based on sexual orientation and gender identity. The NMHRA also now specifically prohibits discrimination based on genetic predisposition.

Which does not change the fact that a temporary disability is not protected under the law.

Hi cbg. Never said it did just pointing out the difference between the ADA and NMHRA.