Return to Work Restrictions

[font size="1" color="#FF0000"]LAST EDITED ON 01-26-07 AT 09:07AM (CST)[/font][br][br]I'll try to keep this brief: our receptionist was out 1/8-1/19 for knee surgery. She wanted to take this week also, but suddenly had a miraculous recovery when she was told she'd used all of her state FML and would be forced to use her PTO. Her RTW restrictions (from the original release dated 1/16 for return on 1/29): No steps, stairs; sit 1 hr, stand 1 hr; and no lifting, pushing, or pulling. Her new restrictions (from 1/18 and were given without the dr. seeing her): Please allow patient to ice and elevate if needed. Restrictions of sitting primarily.

She has been sitting, icing, and elevating primarily but is occassionally (I stress occassionally) asked to get up and make a few copies for a customer or open a safe deposit box (not lift, just open). She mentioned to a co-worker that she feels she is working outside of her abilities. She has not mentioned this to us.

How do you suggest we proceed? Our current plan is to ask her how it's going when she comes in later this morning. If she feels that she's able to perform the duties she has been this week. If she says no, can we essentially force her to take more time off (if she can't sit there and answer the phone, getting up maybe 3 times during the day to assist a customer, we really don't have work for her) and use her PTO?




Comments

  • 5 Comments sorted by Votes Date Added
  • Yes you have the right to determine if her work restrictions are something you can work with or not. Since this is a non-work related injury I would even caution you about bringing her back under restrictions. Keep in mind that in WI, aggravation of a pre-existing condition IS compensable under the W/C laws.

    At our organization I no longer allow EEs to return to work if they are restricted to the point that there is questions regarding whether or not they can do their jobs. In the example you provide above, there is NO WAY I would allow an employee to RTW with those restrictions.

    The ONLY time you need to look at accomodations is in the ADA scenario and temporary conditions are not qualifying under either the ADA or WFEA.

    I would call the EE into my office and inform her that we cannot allow her to work with those restrictions and require her to remain off work until she is released to full duty.

    As for her PTO, while it's unfortunate that she will have to use it so early in the year, that is the policy and you should follow it accordingly.

    Good Luck!
  • The current restrictions are something we can work with, but if she says she can't even sit there and OCCASSIONALLY assist a customer, that is not something we can work with. I didn't even think about the WC angle...but I'm sure she will.

    When she gets in at 11:30, we're going to have a nice little chat...and include her supervisor.

    This particular employee is one that you and I have discussed before. She works the system like nobody's business. Unfortunately, I do not feel sorry for her having to use her time at all.
  • I think she is indicating something by her sudden recovery. (Duh).

    The time is there to be used when it is needed. She obviously would like to save her personal time for the occasion when she really needs it - - - - not like now.
  • My point(s) exactly. Can you see why she drives me NUTS?!
  • We also don't allow anyone to come back from FML unless they can perform the duties and functions of their job. We have people who want to come back to "light duty" which is a WC term,not FML term. I wouldn't do it!


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