Light And Modified Duty Accommodation
Many employers use light duty assignments to get an injured worker back on the job and off time-loss compensation before the employee is completely healed. Light duty work can be a good solution for an employee who is healed enough to return to work. But sometimes employers abuse the light duty process to reduce their overhead and costs, all at the expense of the injured worker.
The FMLA and ADA work in concert to protect workers’ rights at the onset, relapse or exacerbation of a workers’ injury, illness or disease. The FMLA protects employees who can return to work and perform all of the essential functions at the employee’s job, but it doesn’t guarantee a light duty accommodation. The ADA might require a light duty position as a reasonable accommodation for a worker eligible for an ADA accommodation or FMLA leave.
If your employer has taken an adverse action against you following a light duty accommodation or your request for such accommodation, give us a call and we’ll tell you how we can help.