How Should I Handle Terminating an Employee Due to Medical Unfitness? Seeking Advice and Sample Notice

Hello Sir,

I wish you a very happy new year. One of my employees has been suffering from paralysis for the last year, as a result of which the employee has been unable to work. My management is considering releasing the employee on medical grounds.

I would appreciate your guidance on what steps I should take and what kind of notice should be given to the employee. If possible, could you provide a sample notice or procedure format?

Regards

At present, perhaps you have only medical certificates indicating that the employee has suffered paralysis and his leave applications. Nevertheless, this could be a fit case for termination of service on medical grounds, but for the same, you have to support yourself with a medical opinion that the employee is 'medically unfit' for further service, and there is no likelihood of his recovering health in the near future. You also have to give the employee an opportunity to present his side.

Steps before termination of service on medical grounds

1. Constitute a Medical Board comprising the Certifying Surgeon (if you are registered as a factory) and one or more doctors who can give a report on the medical fitness of the employee to continue in service any further. The employee should be informed to present his side.

2. Similarly, you will have to decide on the nature of termination of service. Are you going to treat this as amounting to retirement or termination of service on medical grounds, and what terminal benefits the employee will be given?

The letter to the employee could be drafted with these inputs.