04/30/2012
				
Q. After hiring a new employee in November 2011, she developed serious  back trouble that was not work-related. She would come to work in  obvious pain and taking pain medication. Most of her admin job involved  sitting down, however there was filing, and trips to the Fedex box and  normal movement that she was having difficulty doing. One weekend in  January, her mother called to tell me the employee was in the emergency  room unable to move. She has not returned since and her doctor placed  her on total disability. We have had to hire someone in order to operate  our seven-employee business. So, what are my obligations to her legally  after three months of employment?  I would like to tell her there is no  position here for her. – Tom, California
				
			 
			
04/30/2012
				
Q. I have a key maintenance employee on workers’ compensation since  April 3, 2012. He was released to light duty on April 12 to a  sedentary/sitting limitation, which we did not have available for his  position. When should I start him on FMLA … or can I? He is scheduled  to go back to the doctor this week. I don’t anticipate him being  released to work. If the doctor does not release him at that time, after  12 weeks of FMLA can he be terminated while still on workers’ comp? Not  having our maintenance person available is causing a hardship on the  facility, so how long can he be on workers’ comp before I can hire a  replacement? – Stacey, Kentucky