It would be possible to reduce the pay under TN law. However, it can cause morale problems that offset any financial advantange that reducing pay may provide. It can also impact the amount of workders' comp the employee is receiving. In other words, if you reduce the pay, he or she may receive greater benefits. Before adjusting pay, you should consider how long the modified duty will last and then talk with your wokers' comp carrier about what you are thinking about doing.
John Phillips, Editor Tennessee Employment Law Letter 423/785-8325
Margaret, are you saying that if the WC doctor has not returned the worker to full duty after 90 days of restrictions, you can stop the light duty assignment? Is that to get a fire under the WC doctor? Can an employer go against the doctor's recommendations?
I agree that you should not make up light duty jobs "on demand", so to speak. We have a policy for pre-designated light duty opportunities, but it is not working satisfactorily because our organization is in 25 different department spread out all over the City. We want to change it and I'm researching other employer policies that seem to be working. I would be interested in a copy of your three-phase policy if you can share it. If possible it can be e-mailed to me as a file attachment at [email]llasiter@northlr.org[/email]. If not possible, e-mail me and I will give you our mailing address. Thanks.
Pat, can you please send me a copy of your policy. Sorry for the public request but your email is disabled. My email is: [email]kwoloszynek@twinsburg.oh.us[/email]. We are a public employer, but, in this case I can't see a difference from private sector policies.
Please send me any info that you have on this issue.It sounds like youve got it covered pretty well. e-mail [email]jimmy.jones@tyson.com[/email] Thanks!
Pat, Please send me a copy of your 3 phase formal limited duty policy [email]Magestry33010@yahoo.com[/email] or fax 305-507-1414. We are putting one together and would like to see the different approaches. Thanks
Would I be able to get a copy of your Light Duty Policy? I tried e-mailing you but your e-mail was disabled. My email address is: [email]Laura.Fernandes@collabo.com[/email]. Thanks in advance.
>We have a formal Limited Duty Policy (3 Phases) that has been >successful since 1986. Phase I and II are related to Workers Comp and >Phase III is for ADA cases that are not work related. I will be happy >to share them with you. > >I would caution you NOT to develop light duty jobs on a "case by case" >basis in Workers Comp because it would likely be labeled "make work" >by a plaintiff's attorney. If you let the employee work in the light >duty job for a number of months, it could be considered a reasonable >accommodation under ADA and as such, you could be forced to make it >permanent. Instead you should have some pre-designated "TEMPORARY" >jobs developed particularly for "light duty" situations and then suit >the worker to the appropriate job. Our program is comprehensive but >has saved us a great deal of money and lost time over the years.
We have had a "Limited Duty Program" since 1986 and it has been quite successful. Of course, in the spirit of Quality Improvement, we up-date it as rules change or regulations are added. It's too complicated to post here but will be glad to share the concepts with you. It has withstood numerous WC litigation cases and even an ADA case. You can call me at 252-816-4883 to discuss if you would like more information.
What you DO NOT DO, is to put together a light duty job when the need arises. This will invariably be considered "make work" by a Plaintiff's Attorney and likely the IC as well. It may also make you more vulnerable to "discrimination" if you accommodate a worker who is a good employee yet fail to accommodate the "problem child".....this occurs fairly often when left to deciding the accommodation on a case by case basis.
Pat, Please send me your policy if at all possible.We currently have a policy in place,but it needs to be updated.Any help you could give would be much appreciated.
We have an 'altered duty' policy in place that works very well. We don't have altered duty for personal injury or illness, only for work related injury. Getting on my soap box... I hate the term "light duty". What the heck is that? What's light to you may not be light to me. Think about changing your terms...it also changes the attitude of management down the road.
Reading all the posts relating to this subject makes me want to go over this topic in my policies and procedures. We have in the past created light duty positions case by case. We have always offered it but it's been in somewhat of a haphazard format. But basically, it's always been the same "light duty" job just modified to whatever the restrictions are. One issue I always made clear in documentation was the fact it was a "temporary" position and is only available as long as his restrictions were "temporary" in nature. I did want to say, something that we've done in the past that is a good idea for small employers or anyone who doesn't have the ability to have a light duty position is to "donate" your employee. Here in Ohio, Goodwill Industries have work centers that will find a position that will meet the restrictions of the injured worker. Basically, you pay him/her while they work for this non-profit organization. You also can qualify for tax relief as it's a donation. I have learned though, it's good to set up a system where you are constantly in contact with both the injured worker and the staff he/she works under and that both parties understand what the restrictions are, all the details of the position, and the code of conduct the employee still has to follow.
Comments
The state is Tennessee. Do you know if this state allows for an adjustment in pay rate for modified duty?
John Phillips, Editor
Tennessee Employment Law Letter
423/785-8325
are you saying that if the WC doctor has not returned the worker to full duty after 90 days of restrictions, you can stop the light duty assignment? Is that to get a fire under the WC doctor? Can an employer go against the doctor's recommendations?
e-mail [email]jimmy.jones@tyson.com[/email]
Thanks!
Please email me the 3-phase light-duty program you have in place. My email address is [email]mgeorge@blitzusa.com[/email]
Thanks and Happy New Year!
Please send me a copy of your 3 phase formal limited duty policy [email]Magestry33010@yahoo.com[/email] or fax 305-507-1414. We are putting one together and would like to see the different approaches.
Thanks
Would I be able to get a copy of your Light Duty Policy? I tried e-mailing you but your e-mail was disabled. My email address is: [email]Laura.Fernandes@collabo.com[/email]. Thanks in advance.
>successful since 1986. Phase I and II are related to Workers Comp and
>Phase III is for ADA cases that are not work related. I will be happy
>to share them with you.
>
>I would caution you NOT to develop light duty jobs on a "case by case"
>basis in Workers Comp because it would likely be labeled "make work"
>by a plaintiff's attorney. If you let the employee work in the light
>duty job for a number of months, it could be considered a reasonable
>accommodation under ADA and as such, you could be forced to make it
>permanent. Instead you should have some pre-designated "TEMPORARY"
>jobs developed particularly for "light duty" situations and then suit
>the worker to the appropriate job. Our program is comprehensive but
>has saved us a great deal of money and lost time over the years.
What you DO NOT DO, is to put together a light duty job when the need arises. This will invariably be considered "make work" by a Plaintiff's Attorney and likely the IC as well. It may also make you more vulnerable to "discrimination" if you accommodate a worker who is a good employee yet fail to accommodate the "problem child".....this occurs fairly often when left to deciding the accommodation on a case by case basis.
Please send me your policy if at all possible.We currently have a policy in place,but it needs to be updated.Any help you could give would be much appreciated.
We don't have altered duty for personal injury or illness, only for
work related injury. Getting on my soap box... I hate the term "light
duty". What the heck is that? What's light to you may not be light
to me. Think about changing your terms...it also changes the attitude
of management down the road.
I did want to say, something that we've done in the past that is a good idea for small employers or anyone who doesn't have the ability to have a light duty position is to "donate" your employee. Here in Ohio, Goodwill Industries have work centers that will find a position that will meet the restrictions of the injured worker. Basically, you pay him/her while they work for this non-profit organization. You also can qualify for tax relief as it's a donation.
I have learned though, it's good to set up a system where you are constantly in contact with both the injured worker and the staff he/she works under and that both parties understand what the restrictions are, all the details of the position, and the code of conduct the employee still has to follow.