• Home
  • About Us
    • Our Team
    • Our Mission
    • Testimonials
    • Service Areas
  • Services
    • Tax Services
    • Audit & Assurance
    • Accounting
    • Litigation Support
    • Valuation Advisory
    • Forensic Accounting
    • Business Consulting
  • Resources
    • Client Center
    • Online Tools
    • Important Sites
    • Timely Opportunities
  • MBA News
  • Careers
    • Senior Tax Accountant
    • Tax Manager
    • Bookkeeper / Accountant
  • Contact Us
  • Facebook
  • Google+
  • Linkedin
  • Savvy
  • Twitter
  • Home
  • About Us
    • Our Team
    • Our Mission
    • Testimonials
    • Service Areas
  • Services
    • Tax Services
    • Audit & Assurance
    • Accounting
    • Litigation Support
    • Valuation Advisory
    • Forensic Accounting
    • Business Consulting
  • Resources
    • Client Center
    • Online Tools
    • Important Sites
    • Timely Opportunities
  • MBA News
  • Careers
    • Senior Tax Accountant
    • Tax Manager
    • Bookkeeper / Accountant
  • Contact Us

Blog Post

Helping Temporarily Disabled Employees Return to Work

22 Oct 2014
Comment are off
MBA Site Administrator
Helping Temporarily Disabled Employees Return to Work in Tampa, Florida

The goal of light duty programs isn’t to squeeze every last ounce of productivity from your workers. Assuming they are healthy enough, the goal is to prevent them from disengaging entirely from work. An unfortunate side effect of temporary disability is that it can sometimes retard the individual’s ability to get back in the swing of things once they are fully back on their feet again.

Worksite Injuries & the ADA

What does it mean when an employee is “regarded as” having an injury that limits his or her abilities on the job?

The EEOC issued a notice* giving its views on this and other aspects of employee protection under the ADA. Here is an excerpt from that notice.

Question: When does a person with an occupational injury have a disability under the “regarded as” portion of the ADA definition?

Answer: A person with an occupational injury has a disability under the “regarded as” portion of the ADA definition if he or she has:

1. An impairment that does not substantially limit a major life activity but is treated by an employer as if it were substantially limiting,

2. An impairment that substantially limits a major life activity because of the attitude of others towards the impairment, or

3. No impairment but is treated as having a substantially limiting impairment.

Example: An employee has an occupational injury that has resulted in a temporary back impairment that does not substantially limit a major life activity. However, the employer views her as not being able to lift more than a few pounds and refuses to allow her to return to her position. The employer regards her as having an impairment that substantially limits the major life activity of lifting. The employee has a disability as defined by the ADA.

*EEOC issued notice No. 915.002

Employee participation in light duty programs is voluntary. If an employee has sought leave for a serious condition under the Family and Medical Leave Act (FMLA), for example, an existing light duty program does not prevent the employee from taking full leave. Also, if an employee decides to participate in a light duty program, time spent in that program does not reduce the employee’s FMLA leave quota.

Participation Incentives

However, if you create a light duty job compatible with the employee’s performance restrictions, then offer it to the employee and he or she declines to accept it, FMLA guidelines do allow you to curtail the employee’s existing paid time off benefits.

If you don’t have a light duty program, an employee who is on temporary disability leave might ask you to create such a program. In general, you are under no obligation to do so. The exception to this might be if there is a need to offer a “reasonable accommodation” for a disabled employee pursuant to the Americans with Disabilities Act (ADA). You might also face that requirement with respect to pregnant employees. If you do create a light duty program, however, you can impose a limit on the duration of an employee’s participation.

Regarding pregnant employees, earlier this year the Equal Employment Opportunity Commission (EEOC) issued new guidelines under the Pregnancy Discrimination Act. For the first time, the EEOC took the view that employers must offer pregnant employees temporary light duty assignments with work restrictions if they have the same policy for non-pregnant employees.

Work-Related Requirement?

One important unsettled question regarding light duty programs is this: Can you limit these programs to employees who have temporary disabilities which resulted from work-related accidents?

The EEOC has maintained that employers cannot limit light duty programs to work-related injury cases, but that position hasn’t been sustained in all legal jurisdictions.

However, whether or not the disabling condition is work-related, employers are still obliged to make “reasonable accommodations” to employees who qualify under the ADA. (See right-hand box for the relationship between workplace injuries and the ADA.) If you are persuaded that light duty, return-to-full capacity programs just make business sense, you would have no reason to limit them.

Following are some key tips and insights about light duty, return-to-work programs:

  • Program duration: These are supposed to be temporary, and you can set time limits. Leave yourself some flexibility by stating that the program ordinarily does not last longer than a specified time period, but that in some circumstances an extension might be possible.
  • Have a detailed plan: Before allowing an employee into a light duty plan, be sure you have laid out a set of milestones that will keep the employee on track to resume all the duties of his or her former position.
  • Don’t outsource everything: Group disability insurance carriers generally have their own return-to-work programs and will take charge of everything if you let them. It’s better to stay involved and agree at the outset on a logical set of shared responsibilities.
  • Work closely with the medical team: The employee’s physician can provide critical input in designing the light duty program. But be sure the physician has a clear understanding of the precise nature of the demands of the job.

Note: A resource called the Job Accommodation Network (www.askjan.org) was established to help employers find answers and resources regarding help for employees who need new work arrangements.

About the Author
McClanathan, Burg & Associates, LLC. is a full service accounting firm. Our team members provide services including: Tax, Audit, Assurance and Accounting, Estate and Trust, Forensic Accounting, Litigation Support and Business Valuation.

Social Share

  • google-share

Search

RECENT NEWS

  • IRS Extends the Tax Filing and Paying Deadline for Individuals
  • Do you know the tax impact of your collectibles?
  • Making 2017 retirement plan contributions in 2018
  • When an elderly parent might qualify as your dependent
  • AMT Calculations: It’s Showtime

Categories

  • MBA Events
  • MBA News
  • Opinion & Editorial
  • Resources & Tips

Archives

  • March 2021
  • February 2018
  • January 2018
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • November 2013

Social Media

Facebook
Linked In
SavvyCard
Twitter

“Best
Congratulations to this year's honored business!
Featured in the Tampa Bay Times.
Click here to view my profile >>

Categories

  • MBA Events
  • MBA News

Archives

Sign Up For Newsletter

First Name:
Last Name:
Email Address (required):
Company:
Phone Number:
© 2014 McClanathan, Burg & Associates, LLC | Website Design by ThinkTankConnect.com

Send to Mobile

Text or Email McClanathan, Burg & Associates online business card to your mobile device using the form below
From the card you will be able to:
  • Get turn by turn directions to the company's office
  • Access a visual company directory of employee cards
  • Call, email or text the company
  • Share/Refer the company to others
  • Save the card to your phone's home screen for future access