Are employers allowed to dismiss an employee on grounds of ill health?
In Texas, employers are allowed to dismiss an employee on grounds of ill health. However, employers must comply with the federal Americans With Disabilities Act (ADA), which outlines the parameters of such a dismissal. The ADA requires employers to make reasonable accommodations for ill or disabled employees unless it causes the employer an undue hardship. If an employee is unable to perform their job duties due to an illness or disability, an employer may be allowed to dismiss the employee if the employee is unable to perform their job even with reasonable accommodations. In such cases, employers must be careful to avoid any forms of discriminatory practices that can give rise to a discrimination lawsuit. At the same time, Texas employers must also take into account the state’s employment laws when considering dismissing an employee on grounds of ill health. Employers must give employees the opportunity to return to work on a reasonable basis if their ill health is temporary in nature. An employer must also provide job protection for an employee if their illness or disability is long term. Overall, employers in Texas must take great care when making decisions about the dismissal of an employee on grounds of ill health. They must comply with the ADA and any other applicable state laws, while at the same time ensuring that the dismissal is consistent with the employer’s policies and does not discriminate against the ill or disabled employee.
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