›

What if there is no light duty?

AACCCUAAACCCUA 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
A maintenance worker who is responsible for mowing, weedeating, manual labor, etc. for our college is on unpaid leave for an illness that led to a medical procedure last week. (Her leave is unpaid due to leave abuse before the beginning of this illness.) If her doctor releases her to return to work with light duty limitations and there is no light duty, are we required to allow her to return before she can perform her regular duties?
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
    PMVote Up0Vote Down
    You aren't required by law to offer restricted-duty work. In most cases of workers' comp, we will consider return under a brief period of restricted duty, but only to get them back to work to limit lost days due to accident. But in cases where you have no requirement to do so it would not be wise to bring her back, especially given the duties of the position and the potential for aggravation and the fact that she cannot perform the duties of the position for which she was hired. My advice is to let her self-terminate under your attendance policy and tell her she may reapply if and when she's fully released.
    Share on Facebook Share on Twitter
  • AACCCUAAACCCUA 5 Posts
    PMVote Up0Vote Down
    Thanks for your info.
    Share on Facebook Share on Twitter
Sign In or Register to comment.