Claims Login      COBRA Login      Survey Login        Get In Touch

Ask the Experts: Return-to-work Programs | PA Benefit Advisors

Question: What options does an employer have when an employee who had a work-related accident keeping him off work for four months and exhausting the Family and Medical Leave Act (FMLA) leave refuses to participate in a return-to-work program assignment that provides light duty work as required by the employee’s physician?

Answer: An employer may want to first explore with the employee his reason(s) for refusing the light duty work assignment that meets the physician’s light duty requirements as described. If it is due to the commute (greater distance) or any other reason that is out of the employee’s control, the employer should explore how to work with the employee, perhaps by permitting a leave extension to support the ongoing absence. If the refusal to accept the light duty position is within the employee’s control (he doesn’t like the job description, for example), the employer should review the situation with a labor attorney to ensure that the company is following the requirements for return to work accommodation as required under the Americans with Disabilities Act and the state workers’ compensation regulations. Options could include (1) allowing the employee additional time off, possibly without pay, to completely heal and return to work later and without the light duty restrictions, or (2) considering that failure to accept available light duty employment will be interpreted as a voluntary resignation.

Originally published by www.thinkhr.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA www.finra.org / SIPC www.sipc.org, to residents of: DC, FL, MD, NJ, NY, OH, PA, SC, TX, CA, CO, GA, and OK. Advisory services through Cambridge Investment Research Advisors, Inc., a Registered Investment Adviser. Webber Advisors and the Leavitt Group are not affiliated with Cambridge. Fixed insurance and benefit services are not offered through Cambridge.

Testimonials provided are related to insurance and employee benefit services.

Privacy Policy

Top