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.27 Feb 2019
How long can an employee stay on light duty?
We recommend beginning any employee on light-duty work with a time frame of no longer than 120 days. However, a worker does not have to be 100% better or healed to return to full-time work.29 Oct 2021
Do employers have to provide light duties?
Light Duty and the ADA (Part I): An employer is not required to create light duty work, but if it does, it can create this position on a temporary basis (EEOC Guidance, question 29).10 Oct 2014
What does light duty mean from a doctor?
Alternatively, with a doctor's fit note, an employee can request to work light duties temporarily until they're fully fit. Light duties are specially created (temporary) jobs for staff members with work-related restrictions that prevent them from carrying out all aspects of their job.3 Apr 2019
What is considered a light duty job?
“Light Duty” Defined As its name suggests, light-duty refers to temporary or permanent work that is mentally or physically less demanding than normal jobs.14 Jan 2021
What are examples of light work?
- Security guard.
- Paint aisle markings.
- Inventory parts, supplies, and/or tools.
- Pick up trash in yard and lot.
- Inspect fire extinguishers & eye washes.
- Replenish first aid cabinets.
- Perform assembly.
- Complete a safety inspection.
What is considered light duty for a CNA?
Light work generally means lifting 20 pounds maximum with frequent lifting and/or carrying of objects weighing up to 10 pounds.
What is considered light duty for a nurse?
Some agencies have what is considered light-duty work. When you contact them, don't focus on your restrictions. Instead, simply tell them you do not want traditional patient care work but are looking for nursing/healthcare opportunities that involve telephone, computer, counseling, education or desk work.29 Apr 2011
Does an employer have to honor Light duty?
#1 Must an employer offer light-duty work? Answer: As a general rule, employers are not obligated to offer light-duty work to workers seeking to return after a work-related injury.
What if my job doesn't offer light duty?
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 employer fire you for being on light duty?
One can be fired while on light duty. Even while on light duty, a termination is legal if an employer can prove it was due to reasons such as poor performance, breaking work rules, or excessive absenteeism. The law does not require that employers must offer light-duty work.
What are examples of light duty?
- Taking inventories.
- Performing office tasks.
- Working a desk job.
- Supervising and reporting on job sites.
- Monitoring surveillance cameras.
- Performing machinery/equipment maintenance.
How many hours is considered light duty?
A job is considered light work if it requires you to stand for up to six hours in an eight hour work day and lift up to 20 pounds occasionally and 10 pounds frequently. Many jobs that are classified as light work require you to push or pull arm and leg controls during the day.
What are light duty assignments?
Light duty assignments play a key role in Return to Work (RTW) programs. They offer flexible accommodations for employees who encounter workplace injuries and illnesses. These modified duties are typically less demanding, allowing injured workers to stay engaged while they're recovering.