I have an employee who took medical leave for a knee replacement May 25. Recovery from this surgery was expected to take 6-8 weeks. During the 8th week mark July 16-22, the employee was contacted to determine when she was expected to return to work. She replied, she was unable to see the doctor and was still having difficulty. An appointment with the doctor was scheduled for August 10. Following this appointment, a note was provided by the doctor indicating an additional 6 weeks was required in recovery followed by review during the week of Sept 17-23. At this point, the employee would be absent from the job for over 17 weeks.

In corresponding with the employee, she advised the doctor was planning on performing a 2nd knee replacement upon recovery of the 1st knee replacement. If this occurs, the employee may be absent for almost a year.

As a result of the circumstances and the burden of no one available to absorb or manage her position, we wish to terminated her employment and find a new employee to fill this position.

The employee is in her late 50's and has been employed for 8 years under an employment contract. Her husband is currently retired.

Under the contract, any termination occurring will be performed as per the employment standards act.

Given the length of time off, the unknown return to work date, the possibility she may ultimately retire to join her husband, the burden the company is under due to holding her position open while unfilled.

How do we handle termination in this matter cost effectively and without issue.