Employee not fit for duty on a construction site - has a history osteomeyltis (Fractured tibia bone)

Dear Sirs,

I hope you are all well. I am facing a challenge at work with an employee who has a history of osteomyelitis (fractured tibia bone). His condition poses a significant risk concerning the nature of operations at the site. Management has advised that his services should be terminated. How should this situation be best handled to avoid any inconveniences?

Thank you.

Hi,

Do you have any column in your application that talks about the previous medical history of the candidate? At the time of recruitment, was this disclosed by the candidate or not? How long has he been serving with you? Not clear.

Since you are in the construction field, please see if you can fit him into quantity surveying, stores, or any other role where he can work in the office.

If there is no such option available, please call him and explain the situation. Provide him with some time to look for a new job and then release him. Alternatively, you may pay him one month's salary and release him.

You have not provided any terms and conditions of service governing this employee. Please examine the provisions relevant to the conditions that might render him medically unfit for the nature of the job he is in. Please consider VML's suggestions on humanitarian grounds. As an HR professional, you should refer him for a medical check-up and obtain a report on his condition and whether he is 'fit or not' to continue in his present job. This report should be the starting point for all follow-up actions. If there are symptoms of malignancy, appropriate care should be advised. Has he been covered by ESI? Please explore whether curative treatment is possible to help him return to a healthy condition.

Do you have a company medical consultant available? If yes, take the staff to him and get his detailed opinion. After that, you can take action. The suggestion given by Mr. Lakshmi Narayan can also be looked into - awarding an alternate employment to the sufferer, thereby extending a gesture from management.

How long has he been working with you? If he has a long service with you (15 years or above), then provide him with an alternate employment.

Did you not do a pre-employment medical check? Your management's call is inappropriate.

Why is your management not assigning him to a job that is suitable for his health condition, instead of what you are considering? Yes, he can be terminated, but by paying compensation until the age of superannuation.