Navigating Termination: Can Employers Let Go of Workers with Mental Illness?

kamaal.trivedi
Dear Seniors,

One of the workers is suffering from Mental Illness (Acute Psychosis). Is there any provision, procedure, or guideline to discontinue or terminate the worker in this case because it is a symptom of a serious mental disorder?

If there is any provision in labor law, you are requested to share the same too. Please guide.
Labour Law Index
See if this illness is directly related to the job that person was performing; it could be considered a professional hazard. Therefore, compensation needs to be provided. This obligation is rooted in the laws of tort, contract, and workmen's compensation acts. If not, termination may be a straightforward option. Ensure compliance with the provisions of your state's Shops and Establishment Act. Further information can be found on the website below.
riteshmaity
Impact of Mental Illness on Work Performance

Does mental illness, specifically Acute Psychosis, directly impact an employee's performance, reduce their effectiveness, or affect the health and safety of co-workers? It is crucial to first assess this from a medical perspective. If the illness does have a direct impact, you may consider declaring the employee unfit for work and proceed with termination, ensuring all dues are cleared.

However, if there is no direct relationship between the illness and work performance, unfortunately, there may not be much you can do. For example, an employee suffering from AIDS cannot be discriminated against or terminated solely based on their disease.
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