Light Duty Policy

T · October 2002

I have a few employees who love to pick and choose which jobs they want to do, of course, jobs that don't require them to stand. In doing this, they have to provide me with a restriction notice from their doctor. Well, unfortunately, this is way too easy in this small country town that I work in. Doctor's will do "whatever" the patient asks for. Anyway, I am looking for a very strict light duty policy to incorporate in this one department. For example, I have an EE who can not stand on her feet for excessive periods of time, well her job is a stand up job. I can accomodate her, however, now I have other EE's who don't want to stand up all day. Can I make up a Light duty policy to only apply to this one area? Can I accomodate for only a certain amount of time, (30 days only)? After the 30 days, can I send the EE home and not to return until I have a full release from the doctor? If this falls under FMLA, I can count the missed hours as such, if this falls under ADA? Help.

Theresa Gegen TX · October 2002

Light duty can be limited to a certain time. Most employers limit it for 30, 60 or 90 days and require that the employee be improving during that time. In otherwords, if the employee has perm restrictions, then no temp light duty is given (since the purpose is for the employee to continue working while recovering). Your policy can also limit light to duty when it is available in the department (etc).

Never ask an employee for a "full release", all you need is a release that allows the employee to do the essential functions with or without reasonable accomodation.

I really advise you to hire an attorney to help you develop a policy. Write down what you want, then take it to the attorney for review and to make sure its legal. Also, you don't state whether the conditions are from workplace injuries, which may play a role into whether you want to give light duty.

Finally, if you are "accomodating" by taking away an essential function of the job of that employee, you are creating a new job. That is not a reasonable accomodation.

Good Luck!

John Vering MO · October 2002

I agree with Theresa Gegen. Be very wary about creating permanent light duty jobs, make them temporary for a specified period of time. Have your policy reviewed by legal counsel.
John Vering
Mo Co-editor
[email]jvering@armstrongteasdale.com[/email]

Pork · October 2002

T: The company can establish light duty within positions, departments, and company. One of those light duty jobs that is available to anyone recommended and released by a physician is: "security duty: which provides the company with observation of and record of all vehicular traffic in and out of our remote sites". There is no overhead cover, we therefore provide a rain suit for protection from bad weather. If sitting is a need then we provide one of those steel fold up chairs for the restricted duty personnel, we provide a clip board w/form and pencil with several columns on which to record the comings and goings of all vehicles and personnel. In this day and time we do not need the terrorist getting any where near our plant. We have found no one with a physician approved general limited duty who will do this job. Our retained riding patrols must do all the security alone. We have had house cleaning, patrols, lawn mowing, and inspectors. They all work to get the employee back to providing some worth while activity! I develop a job description and provide it to the physician and get his/her signed approval, and we then get the employee back to work. The lazy no good sick employee who then shirks these job duties reports back to the physician, who will soon get to the point of Maximum Rehabilative State, MRS and is release to full duty or termination in a few cases.

Light Duty Policy

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