Light Duty - non w/c

What is your policy on allowing light duty for employees in non w/c situations? I am just about to reprint our employee handbook and had changed our policy to non w/c must have a full release to return to work. I understand the liability reasons behind this.

Yesterday I had an employee give me a doctors note (she hasn't been out of work) limiting her lifting to 5 lbs & tugging or pushing. This impacts her job a little, but we probably could work around it fairly easily. I was informed by her supervisor who was there at the time that she might require neurosurgery. She will see a doctor again on June 15th.

I'm torn. We are a non-profit service based agency - whose mission is to serve and help. Telling an employee who might be facing some challenges ahead that she can't work (not get paid!) for the next month seems rough if we can accomodate the light duty.

How do you all handle? Thanks!

Comments

  • 11 Comments sorted by Votes Date Added
  • If someone brings us temporary restrictions that are non WC we do not allow light duty and they are put on STD. If there are permanent restrictions we go down the accomodation road.
  • Our STD provider won't allow someone to go on disability if they're able to work - in this case a "workable" light-duty situation. If you can easily work around the restriction, why wouldn't you want to?
  • Anyone not able to do their normal duties that is not WC related is not able to return to work until the restrictions are lifted - don't want to be in a position that work aggravates their condition. We set them up with STD and FMLA if they qualify.
  • I don't know what industry you're in, but if this person could perform all but one specific duty or you could place them elsewhere (say filing?) - why wouldn't you let them work?
  • I'm not Tish (who this question was directed to) but, like the original poster, I work for a non-profit. All of our positions are budgeted (and reimbursable by our funding agencies), so creating a filing job for an injured worker would not be possible. Then we would be paying the injured worker to do a non-reimbursable job while also paying someone else to do the injured worker's job while they recover.

    Also, a previous poster mentioned the liability should an employee's non-work related injury be aggravated by something while they are working modified duty - then we would be on the hook for workers' comp as well.

    We only offer modified duty to employees injured on the job.
  • If we can provide work for them within their restrictions then we will put them to work. However, we will ensure that W/C light duty is put to work first.
  • If you can work around the restrictions, work around them. You also have to consider who you are and the rap you might get from your other employees - they will help all the clients, but if one of us has a problem they are not here for us.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-16-04 AT 12:51PM (CST)[/font][br][br]There's no universal answer to this one. The questions I would consider are these: If you're in an industry that tends to utilize lots of overtime, and you are trying to keep that cost to a minimum, will this person being out force you to move someone else into overtime to do their work, thereby costing you more in the long run? And if you do bring this person back on restricted duty, will their productivity be enough to justify their being there? Based on their injury, is there a risk that being at the facility might further aggravate their condition, thereby possibly impacting workers' comp? Will you have to spend too much time simply trying to find tasks for this person to do and will your time be worth it in the long run? Is there a specific time limitation for the restricted duty period you are considering (there must be)? Does is appear reasonable that the employee will move through a short period of restricted duty in their normal job and then move right into their full duties (this should be apparent)? Are you just considering benevolently and charitably providing something for the employee to do (this should never be the practice)? And, I guess the real question your agency has to ask is, "What do we HAVE TO DO as opposed to WANT TO DO and which will benefit us the most as an organization in the long run?" You know that you do not HAVE TO bring her back in with restriction. You may want to if you feel it fits the mission of your organization.

    Your only question was, "How do you all handle?" We're in manufacturing, driven by profit goals to satisfy stockholders. We do not allow restricted duty work in non-comp situations and are able to allow it very rarely WITH comp situations due to the nature of our jobs. Our jobs will not accommodate people hobbling around on one foot or using one arm or not being able to lift, stoop, bend, turn, reach and stand for long periods.
  • Thank you all for the prompt replies. I met with our Executive Director and Controller on Friday afternoon and we decided that our desire is to make accommodations when we can as long as the impact is limited and the chance for "aggravation" is low. I am going to have our attorney help me word the policy for the new handbook.
  • BLW: We have light duty whenever the physician recommends that course of action in support of the physician's treatment plan. Just make sure your physician has a detail listing of the physical requirements of the position to which se/she would be assigned.

    "Light duty" is not for the benefit of the employee it is for the benefit of the company and the physician in the treatment of his/her patient our employee. When you approach this subject in this positive way of looking at issues it makes it very easy to do what is right by the ee and the company and the team of people surrounding our ee.

    Another factor which is very important to the ee, the company, and the medical world in which we must all play. Social Security Disability is a life long disability benefit that is very important to the ee and the company. The company should never stand in the way of the ee being able to qualify for this very important family and individual benefit. We the company could hinder this benefit qualification by keeping one on the payroll when they should be in the process of qualifying. One basic point is that one must be unemployed for at least 6 months before SS Admin folks will even begin looking at the ee case. Your heart is in the right place, but make sure it is helping rather than hurting.

    PORK
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    My $0.02 worth!
    DJ The Balloonman
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