Legitimate, Long-Term Absences And The Employer's Duty To Accommodate

Employers are sometimes faced with an employee that is absent from the workplace for legitimate reasons for long periods of time. Absences of these kinds can be frustrating and costly to the employer. In these circumstances, employers often ask themselves—at what time, and after how long of an absence, can we legitimately terminate the employment relationship with the absent employee?

There are two factors to consider in determining whether an employee can be legally dismissed for non-culpable absenteeism due to a mental or physical disability. First, the employment contract between the parties must be frustrated. Second, the employer's duty to accommodate the employee must be fulfilled.