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A light-duty work policy was introduced by the government, which makes it easier for employers to hire people with no or limited work experience.
Light-duty work is a type of job that does not require the same level of physical effort as other jobs. Read more in detail here: light duty work examples.
To assist an employee recuperate from an accident or sickness, light-duty work is the practice of scheduling them to complete less physically or mentally taxing work than usual. Light-duty employment is often offered to employees wounded on the job, but it may also be granted to individuals who become ill or injured for reasons unrelated to their jobs. Changing a worker’s tasks in this manner, also known as light-duty accommodation, may help your organization remain compliant with handicap legislation.
Our Light-Duty Work Policy Template is available for free download.
Light-Duty Work & Accommodation
Light-duty employment is generally only temporary, and it is intended to relieve someone of their full-time job responsibilities while they recuperate from an ailment. Moving a worker from full-time to light-duty employment allows them to prepare for their future return to full-time work while also allowing them to heal from an accident or sickness.
From a business standpoint, light-duty labor may be incredibly helpful since it allows an employee to make a livelihood while still allowing them to continue receiving workers’ compensation payments. After receiving a paycheck, an employee is no longer eligible for workers’ compensation benefits. Having injured workers receive benefits for shorter periods of time might help you save money on your insurance rates.
However, just because an individual was hurt at work and is eligible for workers’ compensation payments does not imply they are automatically eligible for light-duty work accommodations. If an employee is handicapped as defined by the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission, a reasonable accommodation, such as light-duty labor, is necessary (EEOC).
A handicapped worker is defined as a person who:
- Who has a physical or mental disability that significantly restricts one or more key life activities?
- With a physical or mental handicap that significantly restricts one or more key daily activities
- Who is considered to have a physical or mental disability that significantly restricts one or more key life activities?
If an employee falls within the criteria of disabled as stated above, you may be required to provide a reasonable accommodation for them. You could convert them to light-duty work depending on how your light-duty work program is set up if the employee:
- Because of their impairment, they are unable to execute their usual employment obligations.
- Can conduct light-duty job without causing excessive burden to the firm
When a Worker May Require Light-Duty or Accommodation
Understanding when an employee need accommodation is an important aspect of employee management. Disabled workers are entitled to reasonable adjustments from their employers under the ADA and the EEOC. Depending on how your light-duty work policy is set up, light job tasks may be a suitable concession. Light job obligations are not required by law as a reasonable accommodation. Light job tasks are simply one of many potential adjustments, and the form of reasonable accommodation is normally up to the employer.
Even though the law does not mandate an accommodation, it may be in the best interests of your organization to move the worker’s responsibilities to light work. Your organization should transfer an employee who is unable to complete their usual job tasks due to an accident or sickness but can undertake light work activities.
You have some light job obligations to do and an employee who is capable of completing them; you also don’t need to teach the employee on your company’s rules and procedures since they already work for you. Here are a few instances of why it’s a good idea to move an employee to light-duty job.
Under the ADA, a pregnant employee is considered handicapped and is entitled to reasonable accommodations. You might assign light-duty work to the pregnant employee to keep them off their feet or undertake less stressful work until they start their Family and Medical Leave Act (FMLA) leave.
An employee who breaks his leg in a vehicle accident may profit from a temporary shift to light-duty job, which is unrelated to work. They still receive a wage and time to recuperate by moving their task to something less physically demanding, and you still have a happy employee who gets the job done.
While receiving workers’ compensation payments, an employee who has been injured at work may be out of employment. They may, however, be healthy enough to return to light-duty job at some time. Giving them that choice allows you to accomplish critical tasks while also allowing the employee to return to work.
How Long Should You Keep a Light-Duty Employee?
Light-duty labor is meant to be temporary, but what that entails depends on the context. If an employee is pregnant and has to perform light duty until she gives birth, there is a certain period of time during which they must do so. However, if an employee has broken their leg and requires light-duty work until their doctor clears them to resume full-time tasks, the time period may need to be adjusted.
In any scenario, schedule a return to full-time employment. In the case of the pregnancy, this would be when the employee returns from maternity leave. In the case of the broken leg, this would be when the employee receives a note from their doctor stating that they are able to return to work full-time. We suggest starting any employee on light-duty job after a period of no more than 120 days.
To return to full-time work, a worker does not need to be 100 percent well or healed. In fact, you wouldn’t need a light-duty work program if your organization maintains a policy of not allowing people to return to work in any capacity until they have entirely recovered. More significantly, the EEOC has indicated that rules that are 100 percent healed may deny workers a reasonable accommodation, which is illegal. While 100% healed policies may have excellent intentions, they may generate legal issues for your business.
Termination of a Light-Duty Employee
Whether or not you can fire a light-duty employee is similar to whether or not you can fire a full-time employee. As a manager, you must still establish objectives and expectations when transitioning an employee to light-duty employment. Communicate your expectations, even if they are just doing file for a few hours each week. You may fire them if they don’t reach your stated objectives and perform poorly, just like any other employee who isn’t meeting their targets.
Just don’t put yourself in a situation where you’re making up reasons to fire an employee. Light-duty workers should not be fired just because they are doing light-duty labor. Don’t provide an injured employee light-duty tasks that they won’t be able to accomplish because of their injury. However, if the employee fails to satisfy the requirements of the light-duty job, you may have grounds for dismissal.
Pro Tip: If you have employees who are receiving workers’ compensation payments, you should not fire them without first consulting with an employment lawyer. While it is possible, companies seldom do it appropriately, and legal stumbling blocks abound.
Benefits of the Light-Duty Work Program
Encouragement of workers to return to work after an accident, whether on or off the workplace, helps all parties concerned. Developing and executing a light-duty work program will ensure that your workers are aware of their possibilities, and that your organization runs the program efficiently and consistently.
Conclusion
Both your organization and the wounded employee gain from a solid light-duty work program. Many criteria influence when you must give a reasonable accommodation to an employee, and your corporate counsel may help. However, having a light-duty work program in place can enable you to assist an employee in temporarily transitioning their responsibilities, which will benefit your firm.
To get started, use our Light-Duty Work Policy Template.
Disclaimer: The following information is provided only as a guide. If you have a particular concern with an employee, you should get legal advice.
The “does an employer have to offer light duty work” is a question that many people ask. The answer is yes, but there are some exceptions.
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