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Light duty

rrobertsrroberts 34 Posts
in HR & Employment Law Vote Up0Vote Down
We have an ee who injured his foot, not at work and the doctor says he needs light duty of no standing on foot for one month. He is not eligible for FMLA because he's only been employed 7 months. His job requires standing all day. Do we have to provide light duty?
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  • 5 Comments sorted by Votes Date Added
  • ray aray a 5,703 Posts
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    Is there some other job within the company he can do that doesn't require standing? That is the approach I normally take.
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  • rrobertsrroberts 34 Posts
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    No, we are a manufacturing facility and our jobs mainly consist of standing, climbing and walking.
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  • ray aray a 5,703 Posts
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    We are a mfg facility too. You have two alternatives, make him stay out on disability or find something for him to do that meets the light duty requirements. If he stays on disability, that affects your insurance ratings. We try to find something for ee's like this to do, filing for one of the support groups, for example. It may not be something that needs to be done right away, but it is busy work that does accomplish something and you are getting at least a little labor from him for your $'s.
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  • NaeNae55NaeNae55 3,243 Posts
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    This would not affect our insurance rating. We do not have employer paid disability.

    We would find him something reasonable to do (he can do and we feel he is worth paying to do it)or have him stay home. If you cannot find him something to do, then you must decide whether to term or leave the job open (depends on your policies.)

    Since the employee did not injur himself on your premises you do not have a legal obligation to find him work or keep him on. However, you would want to act in accordance with your prior handling of similar situations and your current policies.

    Good luck!

    Nae
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  • rrobertsrroberts 34 Posts
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    Nae

    Thanks for your input.

    I really needed to know if we had a legal obligation to provide light duty.

    We, too, do not have employer paid disability so that's not an issue.

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