The Family and Medical Leave Act (FMLA) provides leave protection for seriously injured employees who have suffered an accident at work. It is not the same as workers’ compensation, which is usually determined by state legislation and provides insurance cover for employees if injured or sick while at work. Employers need to take into consideration both FMLA and workers’ compensation regulations when an employee is fit enough to seek light duty work on return to their workplace. If you are an employee who has been offered light duty work and your doctor has recommended that you are fit enough you also need to know whether you are able to legally reject the work. What is Meant by Light Duty? Light duty work is any kind of work that is available by an employer that is less strenuous than the sort of job an employee might normally do. While employers are obliged to offer light duty work, there may be genuine reasons why none can be offered. If you are a construction worker, for example, there may be ways that lighter work can be found, but if you are an office worker, the only light duty work may mean part time work. Light duty work tends to be more paid or paid by the hour (in the case of part time work). As long as an employee accepts the work as offered, he or she can still obtain temporary disability benefit payments to top up their lower than usual wages. Does the Family and Medical Leave Act (FMLA) Affect Offers of Light-Duty Work? The FMLA provides unpaid leave protection for up to 12 weeks for seriously injured employees. Basically, the law prevents an employer from denying an employee from taking time off work if suffering an injury. The FMLA tends to cover only large employers, i.e. those with more than 50 employees. If you have been injured at work, you should check to see if you are covered by the FMLA as well as workers’ comp. The main point about the FMLA, if you are covered by it, is that you can refuse to do light duty work without being penalized if you object to the work offered. The main drawback of just relying on the FMLA is that it does not mean you will still obtain workers’ compensation payments. The only justification for refusing light duty work and still being paid is if your doctor has not recommended that you are able to do the work with restrictions. If you have been offered light duty work you are obliged to accept it if you still want to be paid and receive temporary disability benefits under workers’ comp. If you refuse, you cannot be sacked, as long as you are covered by the FMLA, but your workers’ comp. payments will be terminated. How a WC Attorney Can Help If you have any doubts about whether you are covered by the FMLA or are able to refuse to do light duty work and still obtain benefits under workers’ comp. you should see an experienced workers’ comp. attorney for legal advice. Additional Resources Workers' Compensation vs. FMLA Must An Employer Offer Light-Duty Work?
