Are employers allowed to dismiss an employee on grounds of ill health?
Yes, employers are allowed to dismiss an employee on the grounds of ill health in the state of Virginia. According to Virginia’s Department of Labor and Industry, an employee’s physical or mental condition can be used as a basis for termination unless otherwise forbidden by a collective bargaining agreement or other contract of employment. This means that an employer can choose to dismiss an employee if their physical or mental condition is detrimental to the performance of their job or if it affects the health and safety of others in the workplace. However, employers must provide the employee with notice of the dismissal and an opportunity to explain their situation before making a final decision. If the employee is willing to take steps to improve or modify their condition, then employers should allow enough time to do so. If the employee is unable to make any improvements, then the employer is entitled to dismiss them. In some situations, employers may be required to provide medical coverage or rehabilitation services in order to help an employee with a health condition to improve their performance or remain employed. They may also be required to provide reasonable accommodation to an employee with a disability. Employers must comply with all legal requirements when dismissing an employee for health-related reasons.
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