Light Duty Policy

ABQuinlan

What legal issues should be addressed in a policy on allowing employees to take temporary light duty jobs where the employee is limited by any on or off duty accident or illness? When does the employer terminate an employee who cannot return to regular duty even with reasonable accomodation. The employee may or may not be within ADA protection.

Thanks, ABQ

Richard

If you want to call me on this subject, my work number is 616-786-6036.

anasseatan

[font size="1" color="#FF0000"]LAST EDITED ON 02-18-03 AT 09:27PM (CST)[/font][p]There are several issues to consider in your question. First, light duty positions require that a written job description listing essential job duties be written and provided to the employee. (At this point, it may be prudent to advise the employee to show it to his medical provider to ensure that the essential job duties will be within the ees restrictions.) If an accommodation is agreed to it should be in writing, with an ending date (usually 90-days), and that the light duty position does not change the at-will employment relationship (if you live in a state where at-will employment is law). Other issues involve if the injury or illness was work related, is the employee entitled to FMLA. There are many variables in your question, therefore a flow chart might help in arriving at the right answer. Good luck....these can be decisions that can end up costing your company bunches of money!!