Florida-underperforming employee with non work related injury

[drm1157]

We have an employee hired just over 3 months ago who has been verbally counseled regarding substandard work product and untimely filing, etc. She also was given the first written warning. She has recently started complaining of back pain from a fall that occurred at home shortly after she started with us. Today she brought in a doctor's note that she is to work reduced hours according to what she can tolerate pain-wise. Are we legally able to move her to a part time position so we can lower the expected billable hour requirement that she currently has being a full time employee?

If she goes out on STD, can we replace her position with a full time employee who can meet the requirements? Thanks,

[Pattymd]

Of course you may; she has not been there long enough to qualify for FMLA (even if you, as the employer, are subject).

However, what makes you think that moving her to part-time hours is going to solve the problem?

STD benefits do not provide job protection; only FMLA does that.

[drm1157]

I really don't think it will solve the issue but we were thinking of adding another part-time person to assist w/ more general typing and filing and I'm thinking we could move her into this role and then hire a full time person who can be more productive. I think in the long term, this employee will choose to go elsewhere for full time work.

[Pattymd]

OK, so you're going to change her position as well. I think you're right, she'll be gone in no time, one way or the other.