light duty

JKlink

Help refresh my memory -- have I read some place that if an employee is placed on light duty that is not related to their actual position that their FMLA continues while they are working?

Marie

I've not heard that before. I have heard that if an ee can only work reduced hours and the job does not readily accommodate that option, you can only charge the time they would not be working against FMLA. The case was a flight attendant you couldn't work the long flights. It's Monday and my brain may not be fully engaged, but, I think that is correct.

JKlink

I found some additional information to my question...
825.220(d) if the employee freely accepts the "light duty" assignment offer in lieu of FMLA leave or returns to work befoe exhausting his/her FMLA leave entitlement, the employee would retain his/her right to the original or an equivalent position until 12 weeks have passed, including all FMLA leave taken that year. At the conclusion of the 12-week period, if the employeee is not able to perform the essential functions of the original position, the employee's right to restoration ceases.

System

My memory is the same as Marie's. I'm not positive that we're right, but we're winning the vote.

James Sokolowski
Senior Editor
M. Lee Smith Publishers