Light Duty Limitations
Issue #49
March 31, 2008
“Light duty”, “modified duty”, or “early return-to-work” are all terms that have been used to describe a means of providing alternative work for employees who are unable to perform some or all of their normal duties on the job due to an occupational injury or illness. These programs are considered to be a very effective tool for employers in controlling their workers compensation costs.
Employers should be aware of the difference between workers compensation laws and those regulations contained in the Family and Medical Leave Act (FMLA) as they can each have different consequences.
Workers Compensation
The purpose of workers’ compensation law is to provide a system for securing prompt and fair settlement of employees’ claims against employers. Many state Workers’ Compensation laws provide that an industrially-injured employee who is temporarily disabled and rejects an offer of “light duty” work may lose continued indemnity benefits. This is an incentive to get employees back to work and reduce the cost of the claim, thereby reducing its impact on the employers experience modification factor and resulting insurance premiums.
Family and Medical Leave Act
The Family and Medical Leave act allows “eligible” employees of a covered employer to take job-protected leave for several situations, including the employees own serious health condition causing the employee to be unable to perform the functions of his or her job.
The Act further provides that a serious health condition may result from injury to the employee “on or off” the job. It goes on to say “if the health care provider treating the employee for workers’ compensation injury certifies the employee is able to return to a “light duty job” but unable to return to the same or equivalent job, the employee may decline the employer’s offer of a “light duty job”.
3. How is a Supervisor to Know?
This situation points out once again the importance of supervisor training. If your supervisors are supporting your companies return to work program, and are not trained on issues like FMLA, they could put the company in violation of the Act. Additonally, the regulations state that “anyone acting in the interest of an employer” is individually liable for any violations of the requirements of FMLA. That includes supervisors as well as managers, and ignorance of the law is not considered a defense.
Free for the asking . . .
Email your request and I will send you a chart that displays the various participants’ roles and responsibilities in supporting your return to work program. My email address is ed@kempkey.com .
Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188, or at ed@kempkey.com .