Request EE to work light duty

Jeanne · September 2002

I have an employee that has a doctor's certificate to be off for a week because of a hand injury (not worker's comp). Can I request her to work as an instructor that will not require her to use her hand? The doctor has stated she could drive so transportation would be no problem. If she does not "want" to work can this be a basis for termination?

Hatchetman · September 2002

Does she fall under FMLA -- i.e., would the week off be FMLA leave?

Under FMLA, reduced or intermittent leave for the employee's serious health condition is strictly at the emplyee's option when medically necessary. The employer has no say in it. This is in comparison to the other reasons for FMLA leave in which both the employer and the employee have to mutually agree to intermittent or reduced FMLA leave.

Have you checked out any of the information on HR Hero for FMLA?

Or you can go to the FMLA regulaitons in the Code of Federal Regulaitons, 29CFR825.

Click on the link:
[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr825_98.html[/url]

Take a look at 29CFR825.114, .115, and .117., especially to see if intermittent leave is even appropriate in this case, even if the employee WANTED to do it.

Jeanne · September 2002

This employee has used all ten days of sick leave, all eleven days of her vacation, FMLA for this injury was offered to her, she has not requested that. She is a machine operator and we would like her to teach or instruct a new operator not using her hand. We are very busy right now and could really use her input but can't get her to agree to anything. Can we require her to work light duty???
We are also conducting evaluations right now and asked her to come in one of two days for that but she has stated she is not available either day. With this attitude I am wondering what my options are????

hrqueen · September 2002

What is your attendance policy, and how will it relate to this employee missing additional time from work?

Janet · September 2002

FMLA is not at the employee's discretion--it is up to the employer to designate if the situation warrants it.

Janet · September 2002

FMLA is not at the EE's discretion--it is the responsibility of the company to designate if the situation warrants (whether the EE likes it or not).

Pork · September 2002

Jeanne, You should refer to your absentee & attendance policy. In my company we have sick and vacation time and I would tell the employee that we will charge her time off as sick time, followed by a weeks sick time and now we must consider a FMLA condition and evaluate before we act. If qualified, she maybe protected from termination for twelve weeks. You could, infact, discuss the injury with the employee and tell her of your light duty opportunity and she might jump at the chance to get a full pay check and save the sick and vacation time. Good luck, Pork.

Theresa Gegen TX · September 2002

As regards FMLA, the employee should be told that she must get the doctor's certification for FMLA and if she decides she doesn't want to, her job will not be held open for her. That is the benefit of FMLA to the employee. The employer designates, but if the employee refuses to turn in a medical certification, the employee can be absent without leave, and handled accordingly (fired, ect).

If she does not turn in FMLA paperwork and refuses to report to work, unless your company policy dictates otherwise (in other words, if your company policy would give her leave anyway), the employee is AWOL and can be terminated for not showing up.

Good Luck!

Request EE to work light duty

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