Differentiate between salary and hourly for light duty accomodation?

Ruskanen

We have our most senior salary plant supervisor that has been out on FMLA and has used up his 12 weeks. He was able to return today, after using up all his available time off. He brought in a doctor's note with physical limitations. His job description says, "Infrequent lifting of up to 75 pounds and infrequent pushing/pulling of up to 200 pounds." His limitations were lifting/pushing/pulling only 15 pounds for four weeks. If an hourly employee comes to us with limitations after being on FMLA, we tell them we can not make accomodations and they can't come back to work until they are released to full duty.

My question is, is it possible to differentiate between a salaried and hourly positions when making accomodations for limitations under FMLA? Could we argue that because of the knowledge and experience of the supervisor's position, we can accomdate physical limitations? Of course, it is causing us to question our job description and we may have to change it. If we can make this accomodation, the physical requirements may not be an essential function of the job.

Don D

I'm going to say that it is acceptable practice to differentiate on just the basis you suggest. I think it would be defensible to argue that it's best practice to get management back on board under this accommodation and that the physical accommodation is more appropriate than for an hourly employee. I don't see it as having two separate policies. Although, it may boil down to an analysis of how much lifting and push-pull is required of the supervisor as compared to the hourly employee, relative to the total content of their job descriptions. It must ultimately be decided from the viewpoint of a DOL investigator. Very interesting question.






Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Balloonman

In a past life I never accomodated non work restrictions, but would for supervisors, as we could not afford not to have them there.
They have different responsibilities. What do they do more of, manage and direct people or push pull and lift? If the physical apspect is minimal is makes sense to accomodate, as it is in your businesses best interest.
It is not in your businesses best interst to accomodate someone who may have no supervisory duties and a physically demanding job. But hey I am using logic.
I would accomodate for 4 weeks.
My $0.02 worth!
DJ The Balloonman