FMLA and light duty
Can anyone define light duty with respect to FMLA? I am interpreting as more of a job/duty change (i.e., no lifting, typing, etc.) rather than reduced schedule. I have a full time FMLA eligible employee (40 hours per week) with a chronic condition whose physician required a reduced schedule of 50-75%FTE from 1/30 - 6/23/09, using most of the total FMLA hours provided, assuming the reduction of hours counted towards the total hours. She is referencing light duty as her situation and that it does not count towards any FMLA time. This doesn't make sense to me, since it would mean an employee could work a reduced scheduled almost for 12 months, and then another 12 months? Am I missing something? This is the information she sent me as documentation of the light duty definition:
Light Duty: At least two courts have held that an employee uses up his or her 12 week FMLA leave entitlement while on a “light duty” assignment following FMLA leave. Under the final rule time spent performing “light duty” work does not count against an employee’s FMLA leave entitlement and that the employee’s right to restoration is held in abeyance during the period of time the employee performs light duty (or until the end of the applicable 12-month FMLA leave year). If an employee is voluntarily performing a light duty assignment, the employee is not on FMLA leave.
Thanks for any guidance,