Topics
HR Support For Implementing Return to Work Programs
Editor's Note: Properly administer return-to-work programs to more cost-effective results.
Overview: When an employee sustains a work-related injury or cannot work because of a long-term disability-related absence (such as cancer), it is in the employer's best interest to work with the employee to facilitate the earliest possible return to work. The longer an employee stays out of work, the higher the potential workers' compensation claim, the less likely the employee will return to his or her pre-injury (or illness) job and the lower the overall business productivity. To assist injured or ill employees in getting back to work, many employers institute return-to-work programs. These programs are designed to return employees to work in a full or restricted capacity, such as through light/modified duty or telecommuting, as soon as possible.
Sometimes an employee will be considered unable to work under a state workers' compensation law but the employee wants to return to work utilizing a reasonable accommodation under the Americans with Disabilities Act (ADA). When this happens, an employee is representing that he or she is unable to work or is totally disabled (in order to get workers' compensation benefits) while at the same time representing that he or she is a qualified individual with a disability who is able to work with or without a reasonable accommodation. Employers should think outside of the box and work with employees to pinpoint what they need to resume working productively while staying within the confines of federal and state law.
When considering return-to-work programs, an employer should stay away from implementing blanket policies which indicate that no light duty is permitted or offered or that light duty is only offered for workplace injuries. Such policies may violate an employer's duty under the ADA to engage in an interactive dialogue with an employee about whether light duty would be a reasonable accommodation under the particular facts and circumstances. In addition, employers need to keep in mind that sometimes light duty or another workplace modification will not always be reasonable under the ADA.
Trends: Employers should be careful about having policies that require that employees be 100% fit to return to work. These 100% healed policies can be seen as a violation of the ADA's protections and may also have an unequal (negative) impact on qualified individuals with a disability.
Melissa S. Burdorf, J.D., Legal Editor
Latest items in Return to Work Programs
-
Workers' Compensation
Workers' compensation provides benefits to employees who are unable to work due to an injury or disease that arises out of and in the course of employment. This section explains how workers' compensation generally works and how employers can reduce workers' compensation claims and costs.
-
4.85 Million Reasons Why Employers Should Revisit Inflexible Leave and 100% Healed Policies
A recent settlement with national employer Interstate Distributor is proof that the EEOC will go after an employer if their policies and practices fail to provide equal opportunities in the workplace.
-
The FMLA's Interaction With Other State and Federal Laws - Chart
This chart is a brief introduction to the FMLA's interplay with state and federal law, and summarizes many of the questions and issues that arise under various employment laws and obligations when employees seek, take and return from FMLA-type leaves.
-
Other Leaves: Alabama
In-depth review of the spectrum of Alabama employment law requirements HR must follow with respect to other leaves.
-
How to Deal With an Employee Who Is a Member of the Military
An employer's legal obligations to employees and applicants who are members of the military are substantial and complex. This How To provides employers with a primer on how to satisfy their basic obligations under state and federal laws, including the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), to employees who are members of the military.
-
Other Leaves
Employers often provide leave benefits that are required by state law or that help the employer attract and retain employees. This section assists HR professionals in managing leave policies related to religion; catastrophic illness; pandemics; holidays; bereavement; voting/elections; jury duty; school visitation; community service; blood, organ or bone marrow donation; and breastfeeding.
-
Life Insurance, Disability and Compensation for Time Not Worked
Employers often offer benefits that are not legally required in order to recruit and retain employees. This section provides an overview of common benefits, such as life insurance, Accidental Death and Dismemberment (AD&D) insurance, short-term and long-term disability benefits, and different forms of paid leave (e.g., vacation time, personal time, sick leave, holidays, jury duty leave, bereavement leave and sabbaticals).
-
Disabilities (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against a qualified individual with a disability with respect to job application procedures, hiring, advancement, termination, compensation, job training, and other terms, conditions and privileges of employment. This section highlights ADA compliance minefields, including the definition of disability, reasonable accommodations and the interactive process, and medical examinations and inquiries.
-
Employee Management Overview
Effective employee management involves many different tasks, including providing a diverse and inclusive workplace that is free from discrimination and harassment, managing employee performance, providing work rules, training and development, disciplining consistently and protecting employees' privacy . This section covers key federal laws employers need to be aware of, such as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and the Genetic Information Nondiscrimination Act.
-
Terminate an Employee on FMLA Leave
About this topic
HR guidance on returning an employee to work after a work-related injury or illness or a long-term disability.