FMLA for light duty?!?!

Ran across this on the shrm site and wondered if anyone else is running FMLA with light duty?

Here is the case:
Roberts v. Owens-Illinois, Inc. ruling in favor of the employer running FMLA with light duty using 29 C.F.R sec 825.220(d) as reference.

And here's a link to the case:



  • 3 Comments sorted by Votes Date Added
  • OK, I read this but don't quite understand it. Maybe someone who can translate the legalese can tell us what it means. I wasn't aware that FML applies to light duty assignments.
  • I wasn't aware of this, either, but it could really help with the amount of tiem an EE is off due to FMLA if employers ran their light duty programs as FMLA.

    Great find!!!
  • Facinating case. We ran an article about it a couple of weeks ago in HR Hero Line, our weekly e-mail newsletter:

    The DOL says you can't count light-duty work as FMLA leave but the court in this case didn't address that issue head-on. The ee didn't suffer any harm, so it didn't matter whether the er violated the FMLA. I don't know if any other courts have addressed this.

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