Unfortunately, if you are unable to perform your job duties and your employer doesn't have a light duty position available, your employer would be within its rights to terminate your employment . ... But by working with your employer to solve the temporary problem, you'll have the best chance of keeping your job.
Can an employee refuse light duty?
You cannot discipline or terminate an employee for refusing light-duty work when the absence is protected under the FMLA. This doesn't mean, however, that the employee's refusal is without consequences. ... The employee's refusal to accept a light-duty offer will usually result in a loss of workers' compensation payments.
Does an employer have to accommodate light duty?
Answer: As a general rule, employers are not obligated to offer light-duty work to workers seeking to return after a work-related injury. ... There is an incentive of sorts for employers to create a position to accommodate someone who is cleared to return to work with light-duty restrictions.
What if an employer Cannot accommodate work restrictions?
If your employer cannot give you work that meets the work restrictions, the claims administrator must pay temporary total disability benefits (see Chapter 5).
Can an employer deny reasonable accommodation?
An employer can legally deny the requested accommodation under certain circumstances . ... The EEOC has provided guidelines for employers to help with identifying what qualifies as an undue hardship and what does not in the context of disability discrimination.
How long can an employee stay on light duty?
Light duty is a temporary work assignment and as such is limited. The number of days of light duty is decided by the department. Temporary work does not normally extend beyond 90 days .
Can I be forced back to work after an injury?
After you have received a Notice of Ability to Return to Work you cannot be forced to return to your job while you are still injured. ... Injured workers need to get healthy and they need to be able to return to the job on their own timetable that is determined between them and their physician.
Can an employer override a doctor's note?
Is It Illegal For an Employer to Refuse a Doctor's Note? Yes , if the employee is providing the doctor's note for their FMLA leave, that is illegal.
Do employers have to accommodate injuries?
Generally, a company should make reasonable efforts to accommodate a worker , so long as their requests don't create an undue hardship. A company with 100 workers could remove someone from a physical position and temporarily reassign them to customer service or other less physically demanding roles.
Can employer make you work with doctor's note?
California is an at-will employment state so an employer may fire an employee who provided a doctor's note as long as they can prove the decision was not based on discrimination .
What is not considered a reasonable accommodation?
4. What accommodations are not considered reasonable? Reasonable accommodation does not include removing essential job functions , creating new jobs, and providing personal need items such as eye glasses and mobility aids.
What qualifies as a reasonable accommodation?
Under Title I of the Americans with Disabilities Act (ADA), a reasonable accommodation is a modification or adjustment to a job , the work environment, or the way things are usually done during the hiring process.
What are examples of reasonable accommodations?
- Change job tasks.
- Provide reserved parking.
- Improve accessibility in a work area.
- Change the presentation of tests and training materials.
- Provide or adjust a product, equipment, or software.
- Allow a flexible work schedule.
Does light duty pay less?
A light duty assignment usually means a worker will be paid less than what they earned in their former position . ... Unfortunately, many employers will deny having any light duty assignments available so they do not have to pay either wages or Workers' Compensation benefits.
Can I refuse modified duty?
To qualify, employees must have been with the company for at least a year and have worked at least 1,250 hours during the previous 12 months. Workers who have not exhausted their FMLA benefits have the right to refuse modified duty.
What jobs are considered light duty?
- Taking inventories.
- Performing office tasks.
- Working a desk job.
- Supervising and reporting on job sites.
- Monitoring surveillance cameras.
- Performing machinery/equipment maintenance.
