Pay/Length of Shift for Modified Duty Work

tashaismydog

Hello-

My question is about modified duty. When an employee is released to modified duty, we often must "create" a job for him or her to do for the duration of the restricted period. In my experience, this work is set up to be performed for the duration of the employee's regular shift, and is paid at the employee's regular rate (barring overtime). Generally, employees on modified duty are not permitted to work overtime.

My GM has asked that if an employee has restrictions and reports for work, does his shift have to be 8 hours or equal to his or her regular schedule? Can an employee report for work, clock in, and then be dismissed two hours (or four hours, or thirty minutes, etc.) and the company not incur Lost Time from work? The GM suggests that the basis for this is that the modified duty job may not necessarily last for eight hours. Another way he put this question is that if the employee reports, and we send him home early, we could pay him for the entire shift (like you do on the day of injury).

We have an excellent safety record, including over 750,000 hours without a lost-time injury. This is kind of a silly injury, the injured is not a great employee (and has only about 90 days with us) and we want to take care of the guy, but not blow our record over this thing. I would like to know if you have experience with this issue and your thoughts on modified duty shifts that are less than the employee's regular shift.

Cindy Hanna

Tashaismydog,

What we do is pay the employee 80% of his or her wages (cannot perform regular job duties). We only have him or her at work for 6 hours. You pay them for as long as there at work. Check with your state laws or call your wc carrier. Hope this helps. It is not counted as days missed but is counted as restricted days.

sandra_d

Any loss in their average weekly wage will have to be made up for by your work comp carrier, and that will mean added costs to the claim - possibly resulting in a higher mod factor and higher premiums next year. We bend over backwards to find work for injured employees who are on light duty ... even go so far as to have people "help" the receptionist answer phones and greet visitors, put marketing packets together, make photocopies of things we will need in the future (blank performance evaluations, employment applications, etc.), clean the employee breakroom (including going through the refrigerator and determining if there are any "science experiments" that need to be discarded) ... anything to keep them somewhat busy. You'd be surprised at how quickly people's injuries resolved after performing some of these boring tasks for a day or two.

I don't know whether it is wise to pay people for time not worked, and it may not even be a legal practice. You probably want to run that one past your wc carrier.

Balloonman

First always look at the work available and see if the employee in question can do all or part of another job. As for the partial days, if they are making less then the state mandated 66 2/3% (MO) then WC would have to make up the rest after the waiting period is used up. It is important that you are aware of what the employee is looking for....is it time off from work? If so then you are only hurting yourself but cutting them loose early in the day. Good employees don't like restricted duty because they are not pulling their weight. Bad employees don't like restricted duty because they can't sit and home and collect a check.
My $0.02 worth.
DJ The Balloonman

tashaismydog

Thanks to everyone for your input. However, as I read the parts of your responses that describe percentages and differences assigned to W/C benefits, I want to make it clear that we are talking about that first seven days only, not extended periods of modified duty. What I'm looking for is if you know of a standard or reg or something that proscribes a requirement for the shift length of modified duty. I.e.: if the "modified duty" assignment doesn't last for the employee's whole regular shift, would the difference between the time worked be counted as lost time for recordkeeping purposes? If after working three days or so at a modified duty assignment for 12 hours total, instead of three shifts at 8 hours (24) do the other 12 hours count as lost time?

I hope I'm not making this confusing...

Thanks again for your advice!

Balloonman

If you do not have work available within the restrictions and you send someone home, are they not missing time due to the injury? Sounds like the vicious cycle of not wanting to break the streak! Been there done that. Fact is if he is not working because you do not have modified duty available he is a lost time situation. Also it does not matter if we are talking about the first 7 days or longer time frame.
Sorry.
My $0.02 worth.
DJ The Balloonman

jarhead217

First let me say that we are in Texas and are "respoinsible non-subscribers" to w/c and run our own safety program, so we are not exactly oranges and oranges om our programs. Let me also say that I have been doing this type of work since 1958 and have seen and expereienced all types of workers, excuses and programs. In our program, which covers almost 500 manufacturing employees, we recently reached 9 years without a lost time injury! To do that, and take care of our employees, we have a stong light duty program. Yes, you must at times be creative but the important fact here, particularly with your "questionable attitude" employee, is to MAKE him be at work the entire day even if the modified task is over.....he can watch safety videos!!! As long as you permit this type of employee to work partial shifts they will take advantagew of you. It's not the record that's important AND it's not the few wage dollars involved in partial shifts versus full shifts.....it's all about management CONTROL of the program. When our employees are on light duty we have them do all types of manufacturing tasks and if we run out, they do housekeepiong tasks or watch safety videos but they stay the entire shift!! The message to all employees is what's important or you lose control. Good luck!