• Revenue Cycle Management
  • COVID-19
  • Reimbursement
  • Diabetes Awareness Month
  • Risk Management
  • Patient Retention
  • Staffing
  • Medical Economics® 100th Anniversary
  • Coding and documentation
  • Business of Endocrinology
  • Telehealth
  • Physicians Financial News
  • Cybersecurity
  • Cardiovascular Clinical Consult
  • Locum Tenens, brought to you by LocumLife®
  • Weight Management
  • Business of Women's Health
  • Practice Efficiency
  • Finance and Wealth
  • EHRs
  • Remote Patient Monitoring
  • Sponsored Webinars
  • Medical Technology
  • Billing and collections
  • Acute Pain Management
  • Exclusive Content
  • Value-based Care
  • Business of Pediatrics
  • Concierge Medicine 2.0 by Castle Connolly Private Health Partners
  • Practice Growth
  • Concierge Medicine
  • Business of Cardiology
  • Implementing the Topcon Ocular Telehealth Platform
  • Malpractice
  • Influenza
  • Sexual Health
  • Chronic Conditions
  • Technology
  • Legal and Policy
  • Money
  • Opinion
  • Vaccines
  • Practice Management
  • Patient Relations
  • Careers

Can you fire a staffer returning from leave?

Article

Shortly after I bought a practice from a retiring physician, one of his staffers asked for a leave of absence for medical reasons. Now, after five months, she says she's ready to come back. We're managing fine without her. Can I terminate her?

Q: Shortly after I bought a practice from a retiring physician, one of his staffers asked for a leave of absence for medical reasons. Now, after five months, she says she's ready to come back. We're managing fine without her. Can I terminate her?

A: Maybe. Ask your attorney first. If you or your predecessor did anything to give her a reasonable expectation of reinstatement, you could be bound to take her back under state contract law.

Otherwise, the fact that you no longer need her is a legitimate, nondiscriminatory reason to let her go. The federal Family and Medical Leave Act (FMLA)-which gives eligible employees the right to return to the same or an equivalent position after 12 weeks of leave-probably doesn't apply in your case. It covers businesses that have 50 or more employees. There are state laws similar to FMLA, so ask your attorney if they apply.

Related Videos
© drsampsondavis.com
© drsampsondavis.com
© drsampsondavis.com
© drsampsondavis.com