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WC Nocall no show for light duty Florida

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  • WC Nocall no show for light duty Florida

    We have an employee who has been out on workers comp. He was released to light duty, so we scheduled him to work fri and sat nights doing janitorial work (sweeping only). He was a no call no show on friday and saturday night. When we called today and asked why he didnt show, he stated his back was hurting. Any other employee would be terminated for two consecutive no call no shows; can we legally terminate him?

  • #2
    Even if he was on FMLA leave prior to the light duty assignment, if an employee NOT on FMLA would have been fired for 2 days of no call/no show, then he can be too. I'm assuming he knew he was supposed to show on Friday night. However, I'd want to run this by my counsel first.

    Was a back injury the reason he was out in the first place? I'd also contact the case manager at the Work Comp carrier first thing Monday morning.
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    • #3
      I believe Patty is correct in everything said.
      The IW needs to know only a Dr can certify for time loss... this appears to be job abandonment under your policy. Termination wouldn't be out of line. Subject to Patty recommendation of course.


      • #4
        I havent talked to the wc adjuster yet, since she isnt available on the weekends. I was just trying to get my ducks in a row before I discuss it with her. The employee has not been with the company for a year yet, so he was not eligible for FMLA.

        The last doctor's note i received was on Weds which released him to light duty. I spoke to him on Weds and told him to report to work on fri and that fri and sat evenings would be his schedule until released to full duty.

        He pulled a muscle in his back (while at work) about 3 weeks ago. The adjuster believes he is falsifying his claim (even though that is irrelevant here). I figured that we could probably terminate since anyone else would be terminated for the same thing, and the doctors note said he could return on light duty. The light duty position met all of the restrictions placed by the doctor.


        • #5
          I don't see why you couldn't terminate. However, to be on the safe side,
          you might want to run it by counsel & WC carrier as suggested.
          Last edited by Betty3; 11-14-2010, 01:24 PM.
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